Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Furniture Manufacturing IndustrySouth Western DistrictsMain Collective AgreementPart lB. Terms and Conditions of Employment31. Night-Shift work |
| (1) | In this section, "night work" means work performed after 18H00 and before 06H00 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 a ten percent (10 %) allowance on his wage rate in addition to his wage rate for all time worked during the night shift, 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 after 23H00 and -before 06H00 of the next day on a regular basis shall:— |
| (a) | inform the employee in writing, or orally if the employee does not understand a written communication, in a language that the employee understands:— |
| (i) | of any health or 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 subclause (3)(b) here below; |
| (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) | shall transfer the employee to 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. |
| (4) | For the purposes of subclause (3), an employee performs night work on a regular basis if the employee works for a period of longer than one hour after 23H00 and before 06H00 at least five times per month or 50 times per year. |
| (5) | The Minister may, after consulting the Council, make regulations relating to medical examinations for employees who perform night work. |
| (6) | If a shift worked by an employee falls on a public holiday and another day, the whole shift shall be deemed to have been worked on a public holiday; but if the greater portion of the shift was worked on the other day, the whole shift shall be deemed to have been worked on the other day. |
| (7) | All the provisions of this Agreement relating to day shift workers shall mutatis mutandis apply equally to night shift workers, and all time worked by night-shift workers after the time of their usual shift in the establishment concerned shall be regarded as overtime and paid for at,the rates prescribed in clause 21 as applying to the day the shift was deemed to have been worked as per subclause (6) here above. |