Chapter 2 of the BCEA regulates working Time, including all hours and overtime. The following is applicable to employees earning less than the determined threshold. The maximum normal working time allowed (section 9 BCEA) is 45 hours weekly. This is 9 hours per day (excluding lunch break) if the employee works a five-day week, and 8 hours per day (excluding lunch break) if the employee works more than 5 days per week.

This does not mean that the employee must work 45 hours per week normal time. The amount of normal time worked is a matter of contractual agreement between employer and employee. Some employers work a 40 hour week, and so on. The statutory limitation of 45 hours per week means that the employee may not work more than 45 hours per week normal time. Lunch break is unpaid time and is the employee’s own time – he/she and read a book, go shopping, etc because they are not paid for lunch breaks.

Therefore an employee who works a 5 day week and who receives a lunch break of one hour daily will actually be at the workplace for 50 hours weekly (45 hours normal working time plus 5 hours daily lunch breaks.) The lunch break is to be provided after five hours continuous working time. Tea breaks do not qualify as a break in working time. The statutory lunch break is 1 hour, but by agreement between the employee and employer this may be reduced to 30 minutes. Employees who earn above the determined threshold amount must negotiate the normal amount of working hours per day or per week with the employer. The employee is under no obligation to work more than 45 hours per week.