Can Your Employer Force You to Work Overtime?

When overtime is compulsory

Overtime is only compulsory if your employment contract includes an overtime clause, OR if you have a separate written agreement to work overtime. Without this, your employer cannot force you to stay late.

• Check your employment contract for an overtime clause
• A verbal agreement is not enough — it must be in writing
• Even with agreement, the 10-hour weekly limit still applies

When you can say no

You can refuse overtime in these situations:

• Your contract doesn't include an overtime clause
• You've already worked 10 hours of overtime this week
• You've already worked 55 total hours this week
• You're being asked to work without proper overtime pay
• It's unsafe to continue working (fatigue, dangerous conditions)

Can you be fired for refusing?

If you refuse illegal overtime (above the maximum, or without a contract clause), your employer cannot fire you. This would be automatically unfair dismissal. However, if your contract requires overtime and you refuse without good reason, your employer could discipline you — but dismissal should be a last resort.

What to do if you're being forced

If your employer is forcing excessive overtime or not paying correctly, you have options:

• Raise it with your employer or HR in writing first
• Contact the Department of Labour — they can inspect your workplace
• Report it to the CCMA if you face consequences for refusing
• Keep records of all hours worked and overtime requested