| (a) |
Where an employee, other than a casual employee or a special-function casual employee, agrees to accept meals from his employer, a deduction not exceeding R40,00 per month or R9,23 per week in respect of part-time employees, and R70,00 per month or R16,15 per week in respect of full-time employees, may be deducted from the employee's wage in respect of such meals. |
Provided that—
| (i) |
the employee is provided with such meals as fall within his working hours but not less than two meals per working day or one meal for a part-time employee; |
| (ii) |
no deduction shall be made in respect of meals not taken by the employee while absent from work with pay, such as pay in lieu of notice, annual leave or sick leave. |
| (iii) |
no further deductions shall be made by the employer when an employee receives additional food while on duty; |
| (iv) |
it shall not be construed that a deduction may not be made when an employee agrees to accept meals and does not avail himself thereof, unless notice has been given to cancel the arrangement and such notice has expired; |
| (v) |
the meals shall be adequate as regards the quantities of food supplied, and reasonable in respect of their content and quality. |
| (b) |
Every employer shall provide each casual employee, |
and special-function casual employee, with a free meal in respect of the first five consecutive hours of work or part thereof worked by such employee and thereafter in respect of each completed period of four consecutive hours worked.
| (2) |
Provision of transport for night workers: |
| (a) |
In the event of any special-function employee, or special-function casual employee, casual employee working later than 21:30, the employer shall make reasonable arrangements for the transport home of such employee: Provided that, in lieu of providing such transport home, an employer may order a taxi to take one or more of the employees home, and pay the taxi in advance or pay each employee R11.50 cash. |
| (b) |
In the event of an employee, other than a special function casual employee, a casual employee, employee's referred to in clause 9(8)(a) or a commission worker who works after 21h30 and being authorised to work, the employer shall pay such employee R200.00 per month until the 31st May 2024, from the 1st June 2024 until the 31st May 2026 R230.00 per month and thereafter R240.00 per month as a "Late Night Allowance" provided that if an employer daily provides free transport home for late night workers, he shall not be required to pay an allowance to those employees. |
| (3) |
Late night work: An employer who requires an employee to perform work in an environment with hazardous substances 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 reasonably 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 reasonable time if— |
| (i) |
the employee suffers from a health condition associated with the performance of night work; and |
| (ii) |
it is practical for the employer to do so. |
| (4) |
For the purposes of sub-clause (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. |
South African Council for Educators Act, 2000
