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What Are The Employers Responsibilities When It Comes To Navigating Pay For Work on Sundays

Sunday work is divided in two categories, namely, employees whose normal working day is a Sunday and employees who’s normal working day is not on a Sunday.

These two categories have different ways to work out what should be paid to the employee.

Firstly, Employees who do not normally work on a Sunday.

The BCEA section 16 set out that employee who do not normally work on Sundays will be intitled to double the normal pay the Employee receives.

For an example if an employee normally Receives minimum wage, R 23,19 for normal hours work they will be intitled to R 46,38 per hour worked on a Sunday.

Alternatively, Employer’s may have an agreement in place with the employee whereby Employer exchange’s the overtime payable to paid time off in respect to hours worked on a Sunday.

This paid time off must be granted to the employee within one month since it became due, alternatively an agreement can be drafted extending this period to a maximum of 12 months.

All time worked on a Sunday may not be brought into calculation when an Employer calculates the Employees normal working hours.

For Example, if an Employee is contracted to work 45 hours but only worked 40 hours from Monday – Friday the 5 hours he/she works on a Sunday will not fill the 45 hours but be over and beyond normal working hours.

Secondly Employee who normally work on Sunday.

The BCEA section 16 set out that employee who normally work on Sundays will be intitled to 1.5 times the normal pay the Employee receives.

For an example if an employee normally Receives minimum wage, R 23,19 for normal hours work they will be intitled to R 37,79 per hour worked on a Sunday.

Alternatively, Employer’s may have an agreement in place with the employee whereby Employer exchange’s the overtime payable to paid time off in respect to hours worked on a Sunday.

This paid time off must be granted to the employee within one month since it became due, alternatively an agreement can be drafted extending this period to a maximum of 12 months.

All time worked on a Sunday may be brought into calculation when an Employer calculates the Employees normal working hours.

For Example, if an Employee is contracted to work 45 hours but only worked 40 hours from Monday – Saturday the 5 hours he/she works on a Sunday will fill the normal 45 hours, but the 5 hours will still be calculated at 1.5 times normal pay.

Applicable to both Categories.

Sometimes Employee’s works shifts that span two day (Saturday – Sunday / Sunday – Monday).

When this happens employee must take into consideration which portion of the shift is greater on which day.

If the greater part of the Employees shift is on a Saturday or Monday, the whole shift will be deemed as normal work if the employee is normally scheduled to work on the Saturday and Monday.

If the greater part of the Employee’s shift is on the Sunday, the whole shift is deemed as Sunday Work.

This article aims to provide general information and does not constitute legal advice. To arrange a consultation with a member of our qualified team, contact Erin Steyn on 021 919 6418 OR erin@joblaw.co.za

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