The Basic Conditions of Employment Act (BCEA) sets maximum working hours and minimum rest periods for South African workers. These are baseline protections—contracts and sectoral agreements may provide better conditions.
Maximum Working Hours
| Type | Limit |
|---|---|
| Ordinary hours per week | 45 hours |
| Ordinary hours per day | 9 hours (5-day week) or 8 hours (6-day week) |
| Overtime per week | 10 hours |
| Overtime per day | 3 hours |
| Total hours per week | 55 hours maximum |
Compressed work week
Employers and employees can agree to work up to 12 hours per day without overtime pay, provided weekly hours don’t exceed 45 and there’s agreement in writing.
Overtime Rules
Overtime must be:
- Agreed to by the employee (can’t be forced except emergencies)
- Paid at 1.5x the normal hourly rate
- Limited to 10 hours per week
- Recorded by the employer
Calculating Overtime Pay
Normal hourly rate = Monthly salary ÷ 4.33 ÷ 45
Overtime rate = Normal rate × 1.5Example: R20,000/month salary
- Normal hourly: R20,000 ÷ 4.33 ÷ 45 = R102.66
- Overtime hourly: R102.66 × 1.5 = R153.99
Rest Periods
Daily Rest
- Minimum 12 consecutive hours between work periods
- Meal interval of 60 minutes after 5 hours of work
- Meal break can be reduced to 30 minutes by agreement
Weekly Rest
- Minimum 36 consecutive hours per week
- Must include Sunday (unless otherwise agreed)
- Can be reduced to 60 hours over 2 weeks by agreement
Night work
Employees working between 6pm and 6am must receive additional compensation or reduced hours, and transport must be available.
Sunday and Public Holiday Work
| Day | Rate |
|---|---|
| Sunday (ordinary) | Double pay (2x) |
| Sunday (normally works Sundays) | 1.5x pay |
| Public holiday (doesn’t normally work) | Double pay (2x) |
| Public holiday (normally works) | Normal pay + time off OR double pay |
Who Is Covered
The BCEA applies to all employees except:
- Members of the National Defence Force
- National Intelligence Agency
- South African Secret Service
- Unpaid volunteers
Senior managers earning above the BCEA threshold (currently R241,110.59/year) may have different conditions, but still get basic protections.
Exemptions and Variations
Employers can apply for exemptions in certain circumstances:
- Collective agreements may vary BCEA conditions
- Sectoral determinations set specific rules for sectors
- Small businesses may have some flexibility
Check your sector
Some industries have specific working hour rules. Check if your sector has a sectoral determination at labour.gov.za.
Record Keeping
Employers must keep records of:
- Hours worked (ordinary and overtime)
- Payment for hours worked
- Rest periods granted
- Leave taken
Records must be kept for 3 years and made available for inspection.
Common Questions
Can my employer force me to work overtime?
Generally no. Overtime requires agreement. However, in genuine emergencies affecting life, health, or property, limited compulsory overtime may be permitted.
What if I work more than 10 hours overtime?
Any hours beyond 10 per week are illegal. You can refuse, and your employer cannot penalize you. Report violations to the Department of Labour.
Do meal breaks count as working time?
No, if you’re completely relieved of duties. If you must remain available or at your post during the break, it counts as working time.
Enforcement
If your employer violates BCEA working hour provisions:
- Raise the issue with your employer or HR
- Contact your trade union (if applicable)
- Lodge a complaint with the Department of Labour
- The CCMA can hear disputes about working conditions