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Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)

Sectoral Determinations

Sectoral Determination 2 : Civil Engineering Sector, South Africa

29A. Cross border work allowance

 

(1) An employer may only require or permit an employee to perform cross border work if so agreed provided that—
(a) the employer pays the employee an allowance;
(b) the employer must ensure that the terms of the agreement are not less favourable than the basic conditions of employment as regulated by the provisions of this sectoral determination or any law that is applicable in the Republic of South Africa; and
(c) the employer must ensure that the terms of the agreement and conditions of work are not less favourable than the same employee would enjoy if working in South Africa.
(d) In the event where an employee is employed for a period of more than 12 months in another country , the employer must have an agreement with the Compensation Commissioner in terms of section 23(1)(c) of the Compensation for Occupational Injuries and Diseases Act , Act 130 of 1993.

 

(2) An employer who requires an employee to perform work outside the borders of the Republic of South Africa must—
(a) inform the employee in writing, or orally if the employee is not able to understand a written communication, in a language that the employee reasonably understands—
(i) of any health and safety hazards associated with that country that the employee is expected to be deployed to; and
(ii) of the employee’s right to undergo a medical examination in terms of paragraph (3);

 

(3) At the request of the employee, enable the employee to undergo a medical examination, at the expense of the employer, concerning those hazards—
(a) before the employee departs, or within a reasonable period;
(b) at appropriate intervals while the employee continues to perform such work; and

 

(4) Transfer the employee to a suitable country within a reasonable time if—
(a) the employee suffers from a health condition associated with the country in which the employee is working; and
(b) it is practicable for the employer to do so.