Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesNational Bargaining Council for the Electrical Industry of South AfricaExtension to Non-parties of the Main Collective AgreementPart l: Scope of Application, Definitions and General Terms and Conditions of EmploymentClause 9 - 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 require or permit an employee to perform night work only if so agreed by the employee, and if: |
| (a) | the employee is compensated by the payment of an allowance, equal to 13.5% of such employees' ordinary hourly rate of pay, in addition to the wages he is to receive for the hours worked, which may be a shift allowance, or by a reduction of working hours; |
| (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 on a regular basis after 23:00 and before 06:00 the next day shall: |
| (a) | inform the employee of any health and safety hazards associated with the work that the employee is required to perform; |
| (b) | at the request of the employee, enable the employee to undergo a medical examination 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. |
| (4) | For the purposes of sub-clause (3) hereof 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 fifty times per year. |