Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)

Sectoral Determinations

Sectoral Determination 4 : Clothing and Knitting Sector, South Africa

8. Night work
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(1)Exclusion: This clause shall not apply to an employee earning a wage in excess of the remuneration stipulated by the Minister in the determination made in Regulation 1438 published on 13 November 1998 or in any other determination in substitution thereof.

 

(2)An employer may only require or permit an employee to perform night work, if so agreed and if—
(a)the employee is entitled to and shall receive 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 employees starting, such work, and
(ii)at appropriate intervals while the employee continues to perform such work; and
(iii)transfer the employee to suitable day work within a reasonable time if-
(iv)the employee suffers from a health condition associated with the performance of night work; and
(v)it is practicable for the employer to do so.

 

(4)For the purposes of subclause (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.