Is standby considered overtime?

[animehero]

Working Hours and Overtime – Labour Guide South Africa

www.labourguide.co.za

I found that article too thanks man.
Looks like standby isn't considered overtime. It's just giving up your free time to be on alert

 

[ADzar]

Usually standby allowances are paid and thereafter overtime if you are on site or have a callout. Check with HR.

 

[Pineapple Smurf]

Did you get paid when you were called in?

Never, not a single cent, ever. Zero.
Back then my salary was R1600 a month between 1994 to 1997 that I worked there

 

[animehero]

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

In this case it would be time for time. Whether it's 5 minutes or 1 hour at 3am it's still disruptive for the time you are on standby. But I think that pretty much covers what they are offering

 

[animehero]

Usually standby allowances are paid and thereafter overtime if you are on site or have a callout. Check with HR.

HR is looking into it. Currently they are of the opinion that being on standby doesn't deserve any additional incentives and only time worked during that time can be claimed back in the time for time scenario

 

[Pineapple Smurf]

In this case it would be time for time. Whether it's 5 minutes or 1 hour at 3am it's still disruptive for the time you are on standby. But I think that pretty much covers what they are offering

Labour Law does say you must negotiate with your boss on this
Some people get time off

You must go read those articles on that labourlaw site I sent you, its easy reading material, even I without Matric understand the wording there

 

[Iamn0tageek]

HR is looking into it. Currently they are of the opinion that being on standby doesn't deserve any additional incentives and only time worked during that time can be claimed back in the time for time scenario

Ja exactly my problem with this issue! So you must be on standby and only get paid if you work during that time?

Kak!

I'm sorry but I don't agree & it sounds duk skelm from the people who are initiating it.

 

[Mike Hoxbig]

I found that article too thanks man.
Looks like standby isn't considered overtime. It's just giving up your free time to be on alert

It's not exactly free. Many companies that enforce standby usually pay a certain percentage of your hourly rate. Bad companies won't pay standby.

It's only when you do actually have to do any work during standby that you get the overtime rate, and no company can get away with this...

 

[Fulcrum29]

Never, not a single cent, ever. Zero.
Back then my salary was R1600 a month between 1994 to 1997 that I worked there

When I still worked in agriculture, this was the case. Always on standby, and emergencies weren't deemed as overtime (pending on the conditions), and there were always emergencies. The CFO also never approved my overtime, and this is why I don't get along with CAs. I worked Monday to Sunday, and when my contract renewal came up, I didn't even take it under consideration. HR was only available on Tuesdays, and always booked.

 

[Aghori]

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.

I pay my employees an agreed upon rate per hour, for standby time. If their standby time falls into overtime (over 40 hours), they get the standby allowance + overtime for hours worked past 40 hours.

We also collectively agreed that 2 hours notice is required while you are on standby, for you to get rid of a babalaas or finish their braai/naai and get to work.

Employees are the greatest resource in a corporation, you have to keep the sheep well-fed or productivity will drop. HR101 - most bosses don't even realise this. The miniscule money spent on small things adds up to a lot in terms of employee morale.

 

[animehero]

It's not exactly free. Many companies that enforce standby usually pay a certain percentage of your hourly rate. Bad companies won't pay standby.

It's only when you do actually have to do any work during standby that you get the overtime rate, and no company can get away with this...

At my previous company we had a Nightshift allowance built-in to the monthly wage whether you worked it or not, because when they needed you to work it they said you were being compensated for it each month.

This weekend standby thing was an internal discussion on operational requirements at the time, not reflecting anywhere on payslips or signed contracts ( aside from the generic "overtime if/when required" clause)

 

[Pineapple Smurf]

When I still worked in agriculture, this was the case. Always on standby, and emergencies weren't deemed as overtime (pending on the conditions), and there were always emergencies. The CFO also never approved my overtime, and this is why I don't get along with CAs. I worked Monday to Sunday, and when my contract renewal came up, I didn't even take it under consideration. HR was only available on Tuesdays, and always booked.

Bastards
I was in Point Of Sale industry
I still remember the one Friday night I was getting hammered at my local pub, Firlands
Got a Page Alert to phone Cantina Tequila in Saldanha
This was about 11pm, maybe later
I went to go find a payphone and phoned them
Their 1 kitchen printer was not working
This is Friday night, their busiest time ever, I had to jump in my car and drive almost 200km there to fix a bloody printer.
And we were on car allowance back then, R2000 a month, which includes all your fuel you spend.

Kak times

 

[Pineapple Smurf]

I mean look at poor Jan
That international award winning journalist hasnt been home in 7 months
rpm works him to the bone, not a single cent overtime

 

[AstroTurf]

Working Hours and Overtime – Labour Guide South Africa

www.labourguide.co.za

So from above.

Even though the industry you may be in is what is known as "24/7", this makes no difference. The maximum normal time remains at 45 hours weekly and the maximum overtime remains at 10 hours weekly. In addition, the Basic Conditions of Employment Act provides for a daily rest period of 12 consecutive hours between finishing work and recommencing work, and provides for a weekly rest period of at least 36 consecutive hours which, unless otherwise agreed, must include a Sunday.



Thus, it is obvious that, from the above, it is unlawful for an employer to force an employee to work a full shift of say 9 hours, and then be on "standby" for the next 12 hours - to do so would violate the condition regarding the daily rest period. Employees in the so-called "24/7" type of industry such as hospitality and IT, are still subject to the 45/10 rule.

 

[Mortymoose]

Mines up here pay standby allowance for the week that you are on standby, irrespective if you get called out or not...

 

[TheMightyQuinn]

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

When my company used to provide standby, I billed the client for that.

And if we had to go and out or do remote support, I billed the client for the actual work.

The fact that you're on standby, means you are working. You cannot drink or go away or host something: you are working.

Believe me: your boss or the owner is billing the client.

PS. I paid ALL the standby money and actual "work" money, to my techies. Their lives were impacted and I was not out of pocket, so wasn't going to take anything for myself.

 

[animehero]

So from above.

After I read that I was looking for the mention of stand by in the official labour docs, they only mentioned overtime

 

[gregmcc]

If they want you to be on standby they will have to pay you. Normally its a small percentage of your salary. You are paid regardless if you are called out.

When you do get a call out you are then paid 1.5x or 2x your hourly rate (depending on company). If you need to drive into the office then you claim travel as well.

As others have said above, standby means you are expected to be on call and respond within a set time. So you can't go out drinking, clubbing etc etc. This is why you are paid a standby allowance. Its a inconvenience payment.

The last company I was at was 10% (Or might have been 15%) of salary for standby.
1.5X OT for after hours, and 2x OT for Sundays.

 

[Moosedrool]

A standby allowance is normally a low amount. It's just meant to act as a incentive to remain available and in working condition afterhours with your mobile phone and laptop.

A company that doesn't do it shows bad form already and smaller BullShyte IT companies love to not pay for things like this.

 

[AstroTurf]

After I read that I was looking for the mention of stand by in the official labour docs, they only mentioned overtime

From the way I read it standby is considered working and they can not legally let you do standby if you have already worked a full day.

Not my experience either though, used to have 2 to 3 days and several weekends on standby a month, they would pay me a travel allowance, time on phone, hours worked (both at 1.5X unless a Sunday) and a small incentive to be on standby though.