Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Chapter Two : Regulation of working time17. Night work |
| (1) | In this section, "night work" means work performed after 18:00 and before 06:00 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, 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 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 subsection (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. |
| (5) | The Minister may, after consulting the Commission, make regulations relating to the conduct of medical examinations for employees who perform night work." |