Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesNational Bargaining Council for the Road Freight and Logistics Industry (NBCRFLI)Main Collective AgreementPart 2 : Hours of Work16. Night work |
| (1) | An employer may only require or permit an employee to perform night work, if the employee— |
| (a) | is paid a night work allowance, specified in Schedule 5; and |
| (b) | transportation is available between the employee's place of residence and the workplace at the commencement and conclusion of the employee's working day. |
| (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 by a doctor designated and paid for by the employer, concerning possible health and safety 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. |
| (c) | transfer the employee to suitable day work within a reasonable time if— |
| (i) | the employee suffers from a health condition associated with the performance of night work; and |
| (ii) | it is practicable for the employer to do so. |
| (3) | The record of a medical examination performed in terms of this clause 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. |
| (4) | For the purposes of subclause (2), 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. |
| (5) | An employee who receives a subsistence allowance does not also qualify for a night shift allowance. |