Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Sectoral DeterminationsSectoral Determination 12 : Forestry Sector, South AfricaPart D : Hours of Work19. 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 only require or permit a forestry worker to perform night work if so agreed and if— |
| (a) | the employer pays the forestry worker an allowance of at least 10% of the forestry worker’s ordinary daily wage; and |
| (b) | transportation is available between the forestry worker’s place of residence and the workplace at the commencement and conclusion of the forestry worker’s shift. |
| (3) | An employer who requires a forestry worker to perform work on a regular basis after 23:00 and before 06:00 the next day must— |
| (a) | inform the forestry worker in writing, or orally if the forestry worker is not able to understand a written communication, in a language that the forestry worker reasonably understands— |
| (i) | of any health and safety hazards associated with the work that the forestry worker is required to perform; and |
| (ii) | of the forestry worker’s right to undergo a medical examination in terms of paragraph (b); |
| (b) | at the request of the forestry worker, enable the forestry worker to undergo a medical examination, for the account of the employer, concerning those hazards— |
| (i) | before the forestry worker starts, or within a reasonable period of the forestry worker starting such work; |
| (ii) | at appropriate intervals while the forestry worker continues to perform such work; and |
| (c) | transfer the forestry worker to suitable day work within a reasonable time if— |
| (i) | the forestry worker suffers from a health condition associated with the performance of night work; and |
| (ii) | it is practicable for the employer to do so. |
| (4) | Sub-clause (3) applies to a forestry worker who works after 23:00 and before 06:00 at least five times per month or 50 times per year. |