- Target:
- Benicon opencast mining
- Region:
- South Africa
From 2008 meetings that we had with Piet Swanepoel, we discus matters that made the men negative in the workplace and it was explain to us why and how. But certain matters where not solved, such as standby allowances. Piet Swanepoel told as then that he would look into it, so there was three meeting held after that till the end of 2010. Now they are telling us that they will discus it on the salary negotiations in 2011.
As from 11 October 2010 till the standby issues been resolved all undersigned personnel refuse to do any standby. We understand that our contracts state that there will be expected from us to do standby and overtime, but on a voluntary basis.
Labour law: All overtime is voluntary and may only be worked by agreement between employer and employee.
Maximum permissible overtime is 3 hours on anyone day or 10 hours in any 1 week. Remuneration must be at 1, 5 times the normal wage rate except for Sunday work and work on public holidays, which must be remunerated at twice the normal wage rate.
Time off, calculated on the same formula, may be granted instead of payment, but only by agreement with the employee.
Employees who earn in excess of the present threshold amount are not subject to the provisions of section 10 (overtime) of The Basic Conditions of Employment Act.
This means that such employees cannot demand to be paid for overtime worked, nor can they demand to be granted paid time off in view of payment.
However, contrary to popular belief, the employer also cannot force such employees to work overtime and cannot demand that they work overtime without compensation.
All forced labour is prohibited in terms of section 48 of the BCEA, and should the employer require such employees to work overtime then the hours to be worked and the basis of compensation must be negotiated with the employee.
Should the employer refuse to compensate for overtime worked in the case of an "over the threshold" employee, then the employee is entitled to refuse to work the overtime.
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The Stop standby duties petition to Benicon opencast mining was written by Benicon and is in the category Employment at GoPetition.