Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Sectoral DeterminationsSectoral Determination 1 : Contract Cleaning Sector, South Africa16. Night Work |
| (1) | An employer, who requires or permits an employee to perform night work, may do so, provided that— |
| (a) | it is by agreement; |
| (b) | the employee receives in addition to the wage, an allowance of not less than 10 per cent of the hourly wage for each hour or part of an hour worked by the employee on night work; |
| (c) | transportation is available between the employee’s place of residence and the workplace at the commencement and conclusion of the employee’s shift. |
| (2) | 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 as set out in paragraph (a)— |
| (i) | before the employee starts, or within a reasonable period of the employee starting, such work; and |
| (ii) | at appropriate intervals the employee continues to perform such work; and |
| (c) | transfer the employee to a suitable day work within a reasonable time if— |
| (i) | the employee suffers from health conditions associated with the performance of night work; and |
| (ii) | it is practicable for the employer to do so. |
| (3) | For the purposes of subclause (2) an employee works on a regular basis if the employee works for period of longer than one hour after 23:00 and before 06:00 at least five times per month or 50 times per year. |