Is standby considered overtime?

[animehero]

Not to get into too much detail but looking to see if anyone can point me in the right direction for the thread title + holywalloftext

Contract is generic for the most part (you'll work overtime where required). The issue is the business feels that time for time is fair and if all you doing is carrying a phone to answer what's the problem with that.

It seems like they think if you over threshold you automatically become a slave that just has to bend over backwards on a whim without compensation except for when you actually work and that's just time back...and just be grateful you have a job.

The current situation is standby Friday-Monday with 4 hours on-site on a Saturday (on rotation, so split between 4 people so each person has to work atleast one weekend a month) to get one full working day off (everyone agreed and is happy with that) however they want us to have standby the entire week, essentially 24-7

What I'm asking is what does the law say they can do and what can we do in this situation.
I think the general consensus is that if we were being fairly compensated it wouldn't be a problem but what is fair compensation

Thanks

 

[Pineapple Smurf]

Not at my company unfortunately
Some companies do pay a small standby allowance

 

[Pineapple Smurf]

They have to at least cover your petrol, in our case we get back R3.80/l or something like that

 

[animehero]

Not at my company unfortunately
Some companies do pay a small standby allowance

So the way I understand is, 45hour a week + 10hours OT without compensation, but does standby count in those 10 hours?

 

[Fulcrum29]

Standby has never been deemed as overtime in any capacity I was employed, and when you do get called in it is deemed as an emergency, and it would only be considered as overtime when appropriately approved as such.

 

[Pineapple Smurf]

Also depends how much you earn, as soon as you hit the threshold you are entitled to nothing whatsover which is very unfair to us

RETRENCHMENT PAYOUTS IN THE COVID-19 CONTEXT | Labourwise - The Employer's Choice

Short-term interventions, temporary lay-off, short time and pay cuts, may no longer be appropriate - retrenchment? But what payments are employees entitled to if retrenched?

www.labourwise.co.za

However, the law clearly states that overtime may not be forced on anyone. Ever. Except in certain industries like been a Doctor etc

 

[animehero]

IT + Hospitality = nightmare to navigate, because everything is always an emergency.

 

[Pineapple Smurf]

Law also says you may not do more than 10hrs a week standby

 

[Pineapple Smurf]

IT + Hospitality = nightmare to navigate, because everything is always an emergency.

Neither job is about saving peoples lives.
Here in South Africa we all get raped daily with overtime

 

[Fulcrum29]

IT + Hospitality = nightmare to navigate, because everything is always an emergency.

It is best to query HR, some companies are process heavy, and rightly so, because they are doing things according to the book, but do get clarity on the matter with your HR department.

 

[R13...]

It is only overtime if you get called out. The way I've seen it done is that you are paid an allowance for being available and your travel expenses covered if you must travel plus overtime pay for when you actually do go out.

 

[animehero]

It is only overtime if you get called out. The way I've seen it done is that you are paid an allowance for being available and your travel expenses covered if you must travel plus overtime pay for when you actually do go out.

With WFH it sounds like we just going to work for free

 

[Iamn0tageek]

The kak is let's say you on standby Mon evening from 5PM - 10PM. Now you cannot go clubbing, drinking, whatever because if you vrek gesuip while on standby you in kak.

So for those 5 hrs if the phone never rings you were on high alert for nothing. That's BS. They should PAY you for those 5 hrs even if you didn't receive a single ticket / phone call.

Some people should never be bosses.

 

[Pineapple Smurf]

It is only overtime if you get called out. The way I've seen it done is that you are paid an allowance for being available and your travel expenses covered if you must travel plus overtime pay for when you actually do go out.

With us at work you only get paid overtime from the time you leave home and return home. And only if you earn less than R17633 per month

 

[Pineapple Smurf]

The kak is let's say you on standby Mon evening from 5PM - 10PM. Now you cannot go clubbing, drinking, whatever because if you vrek gesuip while on standby you in kak.

So for those 5 hrs if the phone never rings you were on high alert for nothing. That's BS. They should PAY you for those 5 hrs even if you didn't receive a single ticket / phone call.

Some people should never be bosses.

Exactly, welcome to South Africa
I had a job in the 90s where I was on standby 24/7 365 days a year.
Never got a single cent for been on standby

 

[animehero]

The kak is let's say you on standby Mon evening from 5PM - 10PM. Now you cannot go clubbing, drinking, whatever because if you vrek gesuip while on standby you in kak.

So for those 5 hrs if the phone never rings you were on high alert for nothing. That's BS. They should PAY you for those 5 hrs even if you didn't receive a single ticket / phone call.

Some people should never be bosses.

Yeah thats consensus. While the weekend standby gets you a day off, they want you to be on high alert the entire week too

 

[RedViking]

Working Hours and Overtime – Labour Guide South Africa

www.labourguide.co.za

 

[R13...]

With WFH it sounds like we just going to work for free

They should pay (cash or time off) you overtime if you are working even if it is from home.

 

[schuits]

I had a position where we did standby. IIRC we got payed double for standby hours, I could be wrong. Either way it was easy money for just being on call.

 

[Fulcrum29]

Exactly, welcome to South Africa
I had a job in the 90s where I was on standby 24/7 365 days a year.
Never got a single cent for been on standby

Did you get paid when you were called in?