| (1) | An executive authority shall, subject to any collective agreement and the Basic Conditions of Employment Act, compensate an employee, other than a member of the SMS, for overtime work if— |
| (a) | the department has an approved written policy on overtime; |
| (b) | the executive authority has provided written authorisation in advance for the work; |
| (c) | the monthly compensation for overtime constitutes less than— |
| (i) | 30 percent of the employee's monthly basic salary; or |
| (ii) | 30 percent of the monthly salary calculated on the minimum basic annual salary determined by the Minister, |
whichever is the lesser;
| (d) | the approval is not inconsistent with a collective agreement or the Basic Conditions of Employment Act; |
| (e) | the hours of overtime is in accordance with the Basic Conditions of Employment Act; |
| (f) | such overtime is in the interest of service delivery; and |
| (g) | funds are available within the budget of the department. |
[Regulation 49(1) substituted by section 20 of the Public Service Amendment Regulations, 2023, Notice No. R. 3971, GG49517, dated 20 October 2023 - effective 1 November 2023]
| (2) | An overtime policy contemplated in subregulation (1) shall be established by the executive authority in accordance with applicable collective agreements, which shall determine— |
| (a) | categories of employees that may not receive compensation for overtime due to the nature of their duties; |
| (b) | the circumstances under which overtime work for an individual employee may be authorised; |
| (c) | how much overtime an employee may work in a given period; |
| (d) | how authorisation for overtime is recorded; and |
| (e) | other control measures, if necessary. |
