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

Sectoral Determinations

Sectoral Determination No 5: Learnerships

16. Night work

 

(1) In this clause, 'night work' means work performed after 18:00 and before 06:00 the next day.

 

(2) An employer may only require or permit a learner to perform night work, if so agreed, and if:
(a) the learner is compensated by the payment of an allowance, which may be a shift allowance, or by a reduction of working hours; and
(b) transportation is available between the learner's place of residence and the workplace at the commencement and conclusion of the learner's shift.

 

(3) An employer who requires a learner to perform work on a regular basis after 23:00 and before 06:00 the next day must:
(a) inform the learner in writing, or orally if the learner is not able to understand a written communication, in a language that the learner understands –
(i) of any health and safety hazards associated with the work that the learner is required to perform; and
(ii) of the learner's right to undergo a medical examination in terms of paragraph (b);
(b) at the request of the learner, enable the learner to undergo a medical examination, for the account of the employer, concerning those hazards –
(i) before the learner starts, or within a reasonable period of the learner starting, such work; and
(ii) at appropriate intervals while the learner continues to perform such work; and
(c) transfer the learner to suitable day work within a reasonable time if –
(i) the learner suffers from a health condition associated with the performance of night work; and
(ii) it is practicable for the employer to do so.

 

(4) For the purposes of subclause (3), a learner works on a regular basis if the learner works for a period of longer than one hour after 23:00 and before 06:00 at least five times per month or 50 times per year.

 

(5) The record of any medical examination performed in terms of this determination must be kept confidential and may be made available only:
(a) in accordance with the ethics of medical practice;
(b) if required by law or court order; or
(c) if the employee has in writing consented to the release of that information.