Financial Management of Parliament Act, 2009
R 385
Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Sectoral DeterminationsSectoral Determination 4 : Clothing and Knitting Sector, South Africa8. Night work |
(1) | Exclusion: This clause shall not apply to an employee earning a wage in excess of the remuneration stipulated by the Minister in the determination made in Regulation 1438 published on 13 November 1998 or in any other determination in substitution thereof. |
(2) | An employer may only require or permit an employee to perform night work, if so agreed and if— |
(a) | the employee is entitled to and shall receive payment of an allowance, which may be a shift allowance, or by a reduction of working hours; and |
(b) | transportation is available between the employee’s place of residence and the workplace at the commencement and conclusion of the employee’s shift. |
(3) | An employer who requires an employee to perform work on a regular basis after 23:00 and before 06:00 the next day 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 understands |
(i) | of any health and safety hazards associated with the work that the employee is required to perform; and |
(ii) | of the employee’s right to undergo a medical examination in terms of paragraph (b); |
(b) | at the request of the employee, enable the employee to undergo a medical examination, for the account of the employer, concerning those hazards— |
(i) | before the employee starts, or within a reasonable period of the employees starting, such work, and |
(ii) | at appropriate intervals while the employee continues to perform such work; and |
(iii) | transfer the employee to suitable day work within a reasonable time if- |
(iv) | the employee suffers from a health condition associated with the performance of night work; and |
(v) | it is practicable for the employer to do so. |
(4) | For the purposes of subclause (3), an employee works on a regular basis if the employee 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. |