I am in the security industry appointed 7 years ago as a site manager working Monday to Friday. I am forced to work a 12 hour shift daily and only receiving a basic salary, without any overtime. May I refuse to work 12 hours if I am not receiving remuneration? May my senior manger take disciplinary actions against me if I am not working 12 hours but working instead 9 Hours? Is there anything in the security industry which states that I must work 12 hours without remuneration for overtime?

GNR.871 of 25 August 2009 regulates the Private Security Sector in South Africa. These regulations came into effect on the 1st of September 2009. 

The different grades of security officers are defined in clause 2 of the Regulations. Clause 3 of the Regulations deals with Remuneration and the salary that you are entitled to earn, depending on the area in which you are employed.

Clause 5 deals with the ordinary hours of work, overtime and payment for overtime. If you are employed as a security officer, then in terms of clause 5(a)(i) you are not entitled to work for more than 48 hours in any week; and subject to sub-paragraph (i) 12 hours on any day.

In terms of clause 5(3) "An agreement in writing may require or permit an employee to work up to 12 hours in a day without receiving overtime pay. No such an agreement may require or permit an employee to work—

(a) more than 48 ordinary hours in any week, with the exception of the arrangements in respect of secutity officers in terms of sub clauses (1)(a);

(b) more than 10 hours overtime in any week; or 

(c) on more than five days in any week.

Clause 5(8) deals with the limitation of overtime and states that:

" The need to work overtime shall be at the sole discretion of the employer and an employer shall not require or permit an employee to work overtime otherwise than in terms of an agreement concluded by the employer with the employee and such overtime shall not exceed—

           (a)       3 hours on any day; or

           (b)       10 hours in any week.

                                    Provided that the weekly limitation may increase to 12 hours in terms of a written agreement between the employer and employee."

Clause 5(9) deals with payment for overtime and states that:

" An employer shall pay an employee who works overtime, at a rate of not less than one and a half times the employee’s hourly equivalent wage in respect of the total overtime period so worked by such employee."

If you employed in another capacity other than a security officer, then you would be entitled to work 45 hours in any week. Because you work for five days in a week, you will be entitled to work 9 hours on any day.

Should you require a copy of the regulations, e-mail me on poovandren.nadasan@lexisnexis.co.za or nadasanp@mweb.co.za and i will forward you a copy of same.