Can I force an employee to work overtime?

Only if the contract or a collective agreement provides for it. BCEA s10 requires agreement for overtime.

Is refusing overtime insubordination?

Only where the employee agreed to overtime (in contract or practice) and the refusal was unreasonable and deliberate.

Misconduct · Charge Sheet Template

Unreasonable Refusal to Work Agreed Overtime / Shift Roster Charge Sheet & Hearing Pack

Charge sheet for unreasonable refusal to work contracted or agreed overtime or shift roster changes under the BCEA and Sept 2025 Code.

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Step 1 · Offence & Statutory Guardrail Intake

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Offence

2025 Code Offence Guide & Sanction Rule — Unreasonable Refusal to Work Agreed Overtime / Shift Roster

What must be proven: Check the contract or collective agreement for an overtime clause; Show the instruction was lawful, reasonable and clearly given.

First-offence guideline: Overtime must be by agreement (BCEA s10). If the contract or a collective agreement provides for reasonable overtime, an unreasonable refusal is insubordination; a written warning is typical for a first offence. If there was no agreement, refusal is not misconduct.

Recommended action mode: Direct Warning Pack — corrective discipline is usually appropriate for a first offence; escalate to a hearing for repeat or serious cases.

Example wording: It is alleged that on or about 15 January 2026, you refused to work agreed/contracted overtime (or the agreed shift roster) in that you as will be set out in evidence at the hearing, despite the instruction of your line manager being lawful and reasonable in terms of your contract.

Manager's raw incident notes

Or pick the closest symptom — we configure the charge, alternative and action mode:

Company nameEmployee full name13-digit SA ID numberJob titleGross monthly salary (ZAR)Engagement start date

Incident dateIncident timeLocationSupervisor / Manager name & role

Formal allegation (appears on the charge sheet)

Include Legal Alternative Charge on Charge Sheet

No automatic alternative for this offence. Do not add an unsupported allegation.

Prior warnings on file

None recorded.

Proposed hearing date & time (SAST)Hearing venueChairperson nameInitiator (employer representative)

Employee is a shift/weekend worker (allow weekend hearing times)Include Precautionary Suspension Notice (On Full Remuneration Pending Hearing — LRA s186(2)(b))

Understanding this offence: Unreasonable Refusal to Work Agreed Overtime / Shift Roster

BCEA 75 of 1997 s10 (overtime by agreement); LRA 66 of 1995; Code of Good Practice: Dismissal (Sept 2025).

Standard charge formulation

It is alleged that on or about 15 January 2026, you refused to work agreed/contracted overtime (or the agreed shift roster) in that you as will be set out in evidence at the hearing, despite the instruction of your line manager being lawful and reasonable in terms of your contract.

First-offence sanction guideline: Overtime must be by agreement (BCEA s10). If the contract or a collective agreement provides for reasonable overtime, an unreasonable refusal is insubordination; a written warning is typical for a first offence. If there was no agreement, refusal is not misconduct.

CCMA procedural fairness checklist

Check the contract or collective agreement for an overtime clause
Show the instruction was lawful, reasonable and clearly given
Record the employee's reasons for refusing
Consider family responsibilities and notice given
Distinguish a once-off refusal from a pattern

Guidance only — establish the facts, consider the employee's response, consistency and mitigation. No automatic sanction or guaranteed CCMA outcome.

Standard charge formulation

It is alleged that on or about [DATE], you refused to work agreed/contracted overtime (or the agreed shift roster) in that you [CONDUCT], despite the instruction of [SUPERVISOR] being lawful and reasonable in terms of your contract.

Statutory guidance

Statutory reference	BCEA 75 of 1997 s10 (overtime by agreement); LRA 66 of 1995; Code of Good Practice: Dismissal (Sept 2025).
First-offence sanction guideline	Overtime must be by agreement (BCEA s10). If the contract or a collective agreement provides for reasonable overtime, an unreasonable refusal is insubordination; a written warning is typical for a first offence. If there was no agreement, refusal is not misconduct.
Category	Misconduct

CCMA procedural fairness checklist

Check the contract or collective agreement for an overtime clause
Show the instruction was lawful, reasonable and clearly given
Record the employee's reasons for refusing
Consider family responsibilities and notice given
Distinguish a once-off refusal from a pattern

Frequently asked questions

Can I force an employee to work overtime?: Only if the contract or a collective agreement provides for it. BCEA s10 requires agreement for overtime.
Is refusing overtime insubordination?: Only where the employee agreed to overtime (in contract or practice) and the refusal was unreasonable and deliberate.