Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesNational Bargaining Council for the Clothing Manufacturing IndustryMain Collective AgreementPart I : Provisions for the Non-Metro Areas9. Night Work |
| (1) | 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. |
| (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: |
| (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. |
| (3) | 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. |