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

Sectoral Determinations

Sectoral Determination 9 : Wholesale and Retail Sector, South Africa

Part D : Hours of Work

19. Night work

 

(1) For the purposes of this clause, “night work” means work performed after 19:00 and before 07:00 the next day.

 

(2) An employer may only require or permit an employee to perform night work, if so agreed and if—
(a) the employee is compensated by the payment of an allowance at a rate of at least 10% of the hourly wage for every hour or part of an hour that the employee works; and
(b) transport is available between the employee's place of residence and the workplace at the beginning and end of the employee's shift.

 

(3) An employer who requires an employee to perform work on a regular basis for a period of longer than one hour after 23:00 and before 06:00 the next day at least five times per month or 50 times per year 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 employee starting, such work; and
(ii) at appropriate intervals while the employee continues to perform such work; and
(c) transfer the employee to suitable day work within a reasonable time if—
(i) the employee suffers from a health condition associated with the performance of night work; and
(ii) it is practicable for the employer to do so.