Statistics Act, 1999
R 385
Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Sectoral DeterminationsSectoral Determination 13 : Farm Worker Sector, South AfricaPart D : Hours of Work17. Night work |
| (1) | In this section, "night work" means work performed after 20:00 and before 04:00 the next day. |
| (2) | An employer may only require or permit a farm worker to perform night work, if so agreed, and if— |
| (a) | the employer pays the farm worker an allowance of at least 10% of the farm worker’s ordinary daily wage; and |
| (b) | transportation is available between the farm worker’s place of residence and the workplace at the Commencement and conclusion of the farm worker’s shift. |
| (3) | An employer who requires a farm worker to perform work on a regular basis after 20:00 and before 04:00 the next day must— |
| (a) | inform the farm worker in writing, or orally if the farm worker is not able to understand a written communication, in a language that the farm worker understands— |
| (i) | of any health and safety hazards associated with the work that the farm worker is required to perform; and |
| (ii) | of the farm worker’s rights to undergo a medical examination in terms of paragraph (b). |
| (b) | at the request of the farm worker, enable the farm worker to undergo a medical examination, for the account of the employer, concerning those hazards— |
| (i) | before the farm worker starts, or within a reasonable period of the farm worker starting, such work; |
| (ii) | at appropriate intervals while the farm worker continues to perform such work; and |
| (c) | transfer the farm worker to suitable day work within a reasonable time if— |
| (i) | the farm worker suffers from a health condition associated with the performance of night work; and |
| (ii) | it is practicable for the employer to do so. |
| (4) | Sub-clause (3) applies to farm workers who work after 20:00 and before 04:00 at least five times per month or 50 times per year. |
