PAYING EMPLOYEES A “FLAT RATE”

by | May 24, 2012 | 2 comments

May an employer pay its employees a flat rate (e.g. including pay for overtime worked, work on Sundays and public holidays, sick leave, family responsibility leave)?

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2 Comments

  1. If an agreement was made by the company director to pay for overtime worked although the conditions of service stipulate that time off must be taken can a manager overturn this rule 4 years down the line?

    Reply
    • Response to Peter: The point of departure is that overtime rate has to be paid for overtime worked. However, the BCEA makes provision for a deviation from this provision if the parties agree that time be given off in lieu of overtime. In your case it is not clear exactly what the agreement is. That would have to be established in order to provide a proper answer to your question.

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