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BOPEU demands revocation of executives' overtime pay

Martin Gabobake
 
Martin Gabobake

The union believes the approval of such may be unlawful and is seeking the authorities to reverse the decision.

BOPEU’s concerns arise from a recent appearance of the Directorate of Public Service Management (DPSM) director, Gaone Macholo, before the Public Accounts Committee (PAC) as the union threw accusations at the latter and the Permanent Secretary to the President (PSP).

“The PSP and DPSM director failed to provide proper guidance on the approval of overtime pay for executives,” stated BOPEU.

According to a statement issued by BOPEU yesterday, the allowance, referred to as ‘Commuted Overtime’, was approved for government executives on salary scale E2 and above, and took effect from April 1, 2023.

BOPEU argues the approval goes against the Public Service Act of 2008 and the Employment Act of 2010, which guides how overtime should be handled in the public service.

The union further said a government directive issued in July 2010 clearly states that executives are not eligible for overtime pay, pointing to Section 2(3) of the Employment Act, which excludes executives from overtime benefits.

“Instead of setting a good example, the PSP and the director of DPSM have allowed questionable payments. They must answer to the PAC for this decision,” read the statement.

At the same time, the union says lower-level employees, particularly those on D1 and below, are being denied overtime pay and are only offered time off in exchange for extra work.

BOPEU contends that such treatment is unfair and goes against Section 94 of the Employment Act, which states that employees who work during rest periods must be paid double their normal wages or be given time off, but only if the employee agrees.

“We strongly believe that rules affecting workers’ rights cannot be changed through internal government memos (called Savingrams), especially if they go against national law,” the union stated.

BOPEU is now demanding that the PSP revoke the 15% allowance and recover any funds already paid to executives, and if no action is taken, the union says it may seek legal intervention.

In conclusion, the union added that it calls on the DPSM director to make sure that all Permanent Secretaries follow the law, noting that it will continue to fight for fair treatment of all public servants and insists that the government must respect and apply labour laws equally.