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Overtime pay South Africa: what you are owed

Overtime is 1.5 times your rate and Sunday work can be double, but only if you earn below the threshold.

Ezra Labuschagne by Ezra Labuschagne
26 August 2026, 10:26
in Business
Overtime pay South Africa: the BCEA rules | Southafriworld

Overtime pay South Africa employees are entitled to is 1.5 times the normal wage, capped at 10 hours of overtime a week, under section 10 of the Basic Conditions of Employment Act 75 of 1997. Sunday work pays double where you do not ordinarily work Sundays, and work on a public holiday pays at least double. These are automatic rights only for employees earning R269,600.90 a year or less, which works out to about R22,466.74 a month. That threshold took effect on 1 May 2026.

The premium pay rates

Type of workMinimum pay
Overtime on an ordinary working day1.5 times the normal wage
Sunday work, where you do not ordinarily work SundaysDouble the normal wage
Sunday work, where you ordinarily work Sundays1.5 times the normal wage
Working on a public holiday you would ordinarily workAt least double the ordinary daily wage
A public holiday you would ordinarily work but do not workOrdinary pay for the day
Night work between 18:00 and 06:00An allowance or reduced hours, plus transport available

The earnings threshold decides everything

The Minister of Employment and Labour sets an annual earnings threshold under section 6(3) of the BCEA. On 17 April 2026 the Department published a new figure of R269,600.90 a year, up from R261,748.45, effective 1 May 2026. The adjustment was about 3%, in line with March 2026 inflation.

If you earn above that figure, you are excluded from sections 9, 10, 11, 12, 13, 14, 15, 16, 17(2) and 18(3) of the BCEA. In plain terms, you lose the automatic legal right to overtime pay, meal intervals, rest periods, Sunday premiums and the section 18(3) public holiday payment. You can still negotiate these, but you cannot demand them under the Act.

Earnings for this purpose means regular gross remuneration before deductions such as tax, pension and medical aid. Subsistence and transport allowances, achievement awards and payments for overtime worked are excluded from the calculation.

One caution. At least one published summary gives the new threshold as R269,900.90. The correct figure is R269,600.90, which is confirmed by the monthly equivalent of R22,466.74 multiplied by twelve. Confirm the amount against the Government Gazette notice if a payroll dispute turns on it.

Anyone earning below the threshold keeps these protections regardless of what an employment contract says. A contract cannot sign away a statutory right.

If your pay sits near the bottom of the scale, the starting point for calculating any premium is your hourly rate, which is why the current national minimum wage matters before you work out what overtime is worth.

Ordinary hours and the overtime cap

Ordinary hours are 45 a week. That is nine hours a day if you work five days a week or fewer, and eight hours a day if you work more than five days.

Overtime is anything beyond your ordinary hours. It requires agreement, is capped at 10 hours a week, and the total working day including overtime may not exceed 12 hours.

By agreement, an employer may pay overtime at the normal rate plus 30 minutes of paid time off for each hour worked, or grant 90 minutes of paid time off for each hour instead of payment. The agreement must exist. It is not a default the employer can apply on its own.

Sunday and public holiday work

For Sunday work, the rate depends on whether Sunday is part of your normal working pattern. If it is not, you get double. If it is, you get 1.5 times. Where a shift falls partly on Sunday and partly on another day, the whole shift is treated as Sunday work unless the greater part falls on the other day.

For public holidays, three situations arise:

  1. You would ordinarily work and you do not work. You are paid your ordinary pay for the day.
  2. You would ordinarily work and you do work. You are paid at least double your ordinary daily wage.
  3. You would not ordinarily work and you do work. You are paid your ordinary daily wage plus the amount earned for the hours worked, which is the section 18(3) rule that above-threshold employees lose.

A public holiday can be exchanged for another day by agreement. Heritage Day on Thursday, 24 September 2026 is the next public holiday on the calendar, which is when these questions usually resurface in workplaces.

Breaks and rest periods

A meal interval of one hour is due after five continuous hours of work, and it may be reduced to 30 minutes by written agreement.

You are entitled to a daily rest period of 12 consecutive hours and a weekly rest period of 36 consecutive hours, which must include Sunday unless otherwise agreed.

Who is excluded regardless of what they earn

The working-time chapter does not apply to senior managerial employees, to sales staff who travel and regulate their own working hours, or to employees who work fewer than 24 hours a month for an employer.

Record-keeping is different. Section 31 requires employers to keep records of hours worked and payment made for every employee, for three years, regardless of earnings.

If you are not being paid correctly

Disputes about amounts owed under the BCEA go first to the CCMA for conciliation under section 73A. If that fails, employees earning below the threshold can proceed to arbitration at the CCMA. Employees above the threshold must take the claim to the Labour Court, even if the employer agrees to CCMA jurisdiction.

The Department of Employment and Labour can also enforce compliance directly through a compliance order following an inspection.

Keep your own record of hours. Where the employer’s records are incomplete, your contemporaneous notes and payslips become the evidence.

Unpaid premiums also affect what you receive when a job ends, alongside your final pay and your ability to lodge a claim, so it is worth understanding how to claim UIF online before you need it.

Common problems

Your contract says overtime is included in your salary. If you earn below the threshold, that clause cannot remove your statutory right.

You crossed the threshold after a raise. Existing contractual overtime terms remain valid and enforceable. An employer cannot simply withdraw them without negotiating.

You are told a shift starting Saturday night counts as Saturday. Where the greater portion falls on Sunday, the whole shift is Sunday work.

You worked more than 10 hours of overtime in a week. The cap is a legal limit on the employer, not a reason to withhold payment for hours already worked.

Time off is given instead of pay without agreement. The substitution requires an agreement.

Frequently asked questions

How much is overtime in South Africa?
1.5 times your normal wage, or an agreed combination of normal pay and paid time off.

Can my employer force me to work overtime?
Overtime requires agreement, subject to limited emergency exceptions.

What is the current BCEA earnings threshold?
R269,600.90 a year, about R22,466.74 a month, from 1 May 2026.

Do I get double pay on a public holiday?
At least double the ordinary daily wage if you work on a public holiday you would ordinarily work.

What if I earn above the threshold?
You lose the automatic right to these premiums, but any contractual entitlement still stands.

How many hours can I work in a day?
Twelve, including overtime.

What to watch

The earnings threshold is reviewed annually and published by notice in the Government Gazette, most recently on 17 April 2026 with effect from 1 May. Expect the next adjustment around the same point in 2027, pegged loosely to inflation. Watch also for sectoral determinations, which set different working-time rules for specific industries such as domestic work, farm work and wholesale and retail, and which can override the general position for employees in those sectors.

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Source: Basic Conditions of Employment Act 75 of 1997
Tags: BCEAjobslabour lawovertime
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Ezra Labuschagne

Ezra Labuschagne

Ezra Labuschagne is the founder, editor, and publisher of Southafriworld, an independent South African digital news publication. Based in Pretoria, South Africa, he leads the publication’s editorial direction, publishing standards, content review, and audience strategy. His work focuses on current affairs, public interest reporting, business, the economy, public policy, and major developments that affect daily life in South Africa. As founder and editor, he is responsible for final editorial oversight, including source review, accuracy, updates, corrections, and publishing standards across Southafriworld.

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