1. The Western Cape Education Department (WCED) has laid down policy with regard to compensation for overtime work for public service personnel in terms of WCPSCBC Resolution P6/2002 of 15 May 2002  [size: 216 KB] .
2. This policy applies to the compensation of public service personnel for the performance of additional duties in specific circumstances in excess of their normal hours of attendance, as expressly required by the Head of Department or delegated authority, and the management and regulation of all compensation for such overtime service.
3. Policy Principles
3.1 Overtime may be compensated by time-off or by remuneration, with due regard to budgetary constraints, or by a combination of time-off and remuneration.
3.2 No employee, unless he or she is in the Senior Management Service, is excluded from receiving remuneration or time-off as compensation for overtime service rendered.
3.3 Prior approval for the rendering of compensated overtime service must be obtained from the relevant incumbent of a post of Chief Director or higher before the work commences.
3.4 All authorisations will be valid only for the approved periods.
3.5 Ex post facto approval will not be considered. (Also refer to paragraph 4.1 below in this regard.)
3.6 Employees will be compensated for normal or Sunday or public holiday overtime work authorised in advance in accordance with the applicable measures.
3.7 The decision and agreement to grant time-off will form part of the authorisation. All time-off will be granted within 6 months of the employee becoming entitled to it, with due regard to operational requirements.
3.8 The monthly compensation for overtime work performed by an employee may not exceed 30% of his or her monthly salary. In highly exceptional cases this percentage may be exceeded, subject to prior approval. In such cases a full motivation must be submitted.
3.9 In terms of the Basic Conditions of Employment Amendment Act, 2002 ( http://www.info.gov.za/ gazette/acts/2002/a11-02.pdf )  [size: 450 KB], an employee may not be required or permitted to work for more than 12 hours on any day.
3.10 A fixed monthly allowance (commuted overtime) may be paid in cases where an employee performs similar periods of authorised overtime work from month to month and where the employee agrees to this in writing. The allowance will equal the average monthly compensation that the employee received for overtime work in the six months preceding the determining of the fixed monthly allowance.
3.11 In terms of the Public Holidays Act, 1994  ( http://www.info.gov.za/acts/1994/a36-94.pdf )  [size: 42 KB], an employee will be entitled to the number of public holidays provided for in the relevant Act. Public holidays are therefore paid holidays and an employee may only be required to work on such days if operational requirements necessitate it. An employee (excluding nursing staff) who is expected to render services on a public holiday must be duly compensated by remuneration and/or the awarding of time-off in terms of the measures determined by the Minister for the Public Service and Administration.
4. Policy Guidelines
4.1 The submission in which prior approval for remuneration and/or time-off is requested for overtime work, must include a motivation so that an informed decision can be taken.
4.1.1 The following information must be included in applications for approval of compensation for overtime work:
    • Why the task(s) cannot be performed by temporarily re-allocating functions;

    • Why other measures to avoid overtime work cannot be implemented;

    • The period during which the overtime work is to be performed;

    • The estimated cost of the performance of overtime work;

    • The supervision that will be in place when the overtime work is performed;

    • The control measures, such as a record of the nature and duration of the overtime work performed and an attendance register, that will be implemented; and

    • Names, Persal numbers and ranks of employees who will be performing the overtime work.

4.1.2 The application form for approval of compensation for overtime work performed is attached as Annexure A.
4.2 When planning their projects and submitting their applications, managers must bear in mind the limit placed on compensation for overtime as indicated in paragraph 3.8 above. In the exceptional cases where the 30% maximum limit will be exceeded, a written motivation giving full reasons why the project necessitates this, and preventative measures taken, must accompany the application.
4.3 With regard to the fixed monthly allowance (commuted overtime) set out in paragraph 3.10 above, such applications must be approved by the Director: Personnel Management (Public Service) and full reasons for the application, as well as the written consent of the employee, must be submitted.
5. Control Measures
5.1 All line managers and supervisors must ensure that
5.1.1 overtime work is limited to a minimum;
5.1.2 all approved applications with full motivations, including those exceptional cases where the 30% maximum limit will be exceeded, are submitted to the Director: Personnel Management (Public Service) for planning and control purposes;
5.1.3 there is adequate control over authorised overtime work, either through supervision or by controlling output;
5.1.4 overtime remuneration is cost-effective;
5.1.5 sufficient funds are available to finance the expenditure incurred as a result of the performance of remunerative overtime duty;
5.1.6 as far as possible, all overtime work is performed at the employee’s normal place of work;
5.1.7 a record of all overtime work is kept. (This includes an attendance register signed by the employee and the supervisor who jointly accept responsibility for the task(s) on each occasion when overtime duty is performed. The attached form (Annexure B) must be used for this purpose.);
5.1.8 overtime work does not adversely affect employees' productivity during normal working hours;
5.1.9 the quality and quantity of tasks are commensurate with the number of hours of remunerative overtime worked;
5.1.10 they set the number of hours of overtime work to be done each day, using production targets as criteria; and
5.1.11 after completion of overtime work each month they certify that the purpose of the overtime work has at least been accomplished satisfactorily. These certificates must be submitted to the Director: Personnel Management (Public Service) by no later than the 7th day of the following month.
5.2 Claims in respect of overtime duty performed must be submitted immediately after the period for which the overtime remuneration was approved has expired.
5.3 Overtime schedules, of which a copy is attached, must be completed and signed by supervisors and/or heads of components. Completed schedules, as well as signed attendance registers, must accompany claims for overtime remuneration.
6. The contents of this circular must be brought to the attention of all public service personnel at your institution/in your component please.

DATE: 2005:03:09

Annexure A  (size: 23 KB)
Annexure B  (size: 16 KB)