Anonymous asks:
How many working hours are just too many?
I work for an IT firm and work on commission. I go out to clients. My work hours are from 9-6pm however I have to work after hours as well. I usually work an extra 1-2 hours every evening at the clients place and then have to take work home so that it is done by the next morning which takes up to 3 hours. My work day therefore ends 11pm at night. We have a new rule now that says we are not allowed to take work home so we have to finish it at work, which means these 3 hours I spent working at home, I have to now spend in addition to my normal working hours, at the office. Also, about 30% of my weekends is also spent working. Sunday I worked at a client for 30 hrs straight (Sunday morning 9am to Monday afternoon 1pm) and still had to come to work Tuesday morning. I am not sure as to what my rights as an employee is. I work on commission and get paid per hour so the fact that I am always guaranteed work is great, but I don't like the fact that my hours are extremely long and there is nothing I can do about it. I am in the service industry my employer wants the work done asap so leaving things for the next day is not an option. Is this legal? What can I do so I don't have to resign?
Advocate Emile van der Hoven says:
Emile van der Hoven answers as follows:
From the information and facts given it is unclear whether this person is under contract or not. Even if there is a contract it will be superceded by the Basic Conditions of Employment Act ( "BCEA" ).
To assist this person the BCEA states that the ordinary working hours are 45 per week. Overtime is always voluntary and is limited to 10 hrs a week, if agreed upon!
Every employee is entitled to a 1hr meal time after working continuously for 5hrs. An employee is also entitled to at least 12 consecutive hours of rest between ending and commencing work, and a weekly rest period of at least 36 hrs which would normally include a Sunday.
This employee need not resign only enforce his rights.
