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MRL3702 Assignment 2 Semester 2, 2021
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MRL3702 Assignment 2 Semester 2, 2021
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MRL3702 ASSIGNMENT 2 SEMESTER 2 2021, First Semester: Assignment 2
Porschee and Roy’s argument can stand in court and why
In terms of the Basic Conditions of Employment Act 75, 1997 (herein,
BCEA), overtime may only be worked by agreement between employer
and employee. The final rule is therefore that an employer cannot force an
employee to perform overtime except in accordance with an agreement
regarding overtime.
Section 1021 provides that employees may only be required to perform
overtime in accordance with an agreement between employees and their
employer, which employees might not work over ten hours’ overtime per
week.
In theabsence of an agreement to perform beyond thehours stipulated
within thecontract of employment, such employees may refer
theemployer to thecontract of employment and refuse to perform theextra
hours or overtime. If thecontract stipulates that theworker is also required
to perform overtime as and when required, theworker is suggested to
negotiate with theemployer to achieve an agreement. A blatant refusal
may result in disciplinary action, especially if theinstruction to perform
overtime isn't unreasonable.
Section 92, provides for ordinary hours of labour and states that an
employer might not require or permit an employee to perform more hours
than agreed; thephrase “may not require or permit an employee to figure”
implies that employers cannot force employees to work overtime. An
employer might not require or permit an employee to perform overtime
except in accordance with an agreement.
Overtime is not compulsory, and employees can refuse to work overtime
on short notice as stated within theBCEA.
In thescenario, theemployer has a sudden change of work, however no
contract with Porschee and Roy to work overtime. Employer is not
negotiating but threatening theemployees, as such Porschee and Roy’s
argument can stand in court.
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