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Labour Relations Act, 1995 (Act No. 66 of 1995)

Notices

National Bargaining Council for the Electrical Industry of South Africa

Extension of Consolidated Main Collective Agreement to Non-Parties

Part 1: Scope of Application, Definitions, General Terms and Conditions of Employment

9. 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 require or permit an employee to perform night work only if so agreed by the employee, and if—
(a) the employee is compensated by the payment of an allowance, equal to 13.5% of such employees' ordinary hourly rate of pay, in addition to the wages he is to receive for the hours worked, which may be a shift allowance, or by a reduction of working hours;
(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 shall—
(a) inform the employee of any health and safety hazards associated with the work that the employee is required to perform,
(b) at the request of the employee, enable the employee to undergo a medical examination 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.

 

(4) For the purposes of sub-clause (3) hereof 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 fifty times per year.