The BCEA allows for some flexibility in the arrangement of working hours, by agreement between the employer and employees (collective agreement) or one employee (individual agreement):
- Compressed working week by collective or individual agreement
Employees can work up to 12 hours of normal work on any day without receiving overtime pay. But the employees may still not work more than 45 normal hours per week and may not work on more than 5 days in a week. Any time worked beyond 45 hours in the week should be paid at overtime rates of time-and-a-half.
- Averaging of working hours by collective agreement only
Averaging means employees can agree to work longer hours than the BCEA usually allows, if they get the same number of extra hours off at a later time. This would for example mean that employees could agree to work longer hours in one week for normal pay, if they work reduced hours for normal pay the following week. But the employees may still not work more than an average of 45 ordinary hours per week during this period. Also the agreement cannot go on for longer than 4 months. Where reference is made to a collective agreement, then this agreement should be made through the employees’ trade union.