Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesMotor Industry Bargaining Council (MIBCO)Extension to Non-Parties of the Main Collective AgreementDivision AClause 4: Regulation of Working Hours4.5. Night work |
| (1) | 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 sub-clause (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 employee starting,such work; and |
| (ii) | at appropriate intervals while the employee continues to perform such work; and |
| (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. |
| (2) | For the purposes of sub-clause (1), 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. |