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

Notices

Bargaining Council for the Civil Engineering Industry

BCCEI : Renewal of Period of Operation of the Conditions of Employment Collective Agreement

Chapter 2 : Regulation of Working Time

2.11. Night work

 

2.11.1. An employee performs night work if that employee works between 18:00 and 06:00 on the following day.

 

2.11.2. 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, 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.

 

2.11.3. An employer who requires an employee to work 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 worker in writing, or orally if the employee is not able to understand a written communication, in a language that the employee understands of any health and safety hazards associated with the work that the employee is required to perform; and of the employee's right to undergo a medical examination in terms of paragraph 2.11.3(b) below;
(b) At the request of the employee, enable the employee to undergo a medical examination, for the account of the employer, concerning those hazards before the employee starts, or within a reasonable period of the employee starting, such work and at appropriate intervals while the employee continues to perform such work.
(c) Transfer the employee to suitable day work within a reasonable time if the employee suffers from a health condition associated with the performance of night work and it is practical for the employer to do so.

 

2.11.4. A night work allowance of 9% will be paid to employees who perform night work.

 

2.11.5. The calculation of the night work allowance will be based on the employees' basic rate.

 

2.11.6. Current company arrangements with regard to night work allowance, that are more favourable, will not be affected.