Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Sectoral DeterminationsSectoral Determination No 5: Learnerships16. 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 learner to perform night work, if so agreed, and if: |
| (a) | the learner 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 learner's place of residence and the workplace at the commencement and conclusion of the learner's shift. |
| (3) | An employer who requires a learner to perform work on a regular basis after 23:00 and before 06:00 the next day must: |
| (a) | inform the learner in writing, or orally if the learner is not able to understand a written communication, in a language that the learner understands – |
| (i) | of any health and safety hazards associated with the work that the learner is required to perform; and |
| (ii) | of the learner's right to undergo a medical examination in terms of paragraph (b); |
| (b) | at the request of the learner, enable the learner to undergo a medical examination, for the account of the employer, concerning those hazards – |
| (i) | before the learner starts, or within a reasonable period of the learner starting, such work; and |
| (ii) | at appropriate intervals while the learner continues to perform such work; and |
| (c) | transfer the learner to suitable day work within a reasonable time if – |
| (i) | the learner 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 subclause (3), a learner works on a regular basis if the learner 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 record of any medical examination performed in terms of this determination must be kept confidential and may be made available only: |
| (a) | in accordance with the ethics of medical practice; |
| (b) | if required by law or court order; or |
| (c) | if the employee has in writing consented to the release of that information. |