1) In section, "night work" means work performed after 20:00 and before 04:00 the next day.
2) An employer may only require or permit a farm worker to perform night work, if so agreed, and if -
a) the employer pays the farm worker an allowance of at least 10% of the farm worker’s ordinary daily wage; and
b) transportation is available between the farm worker’s place of residence and the workplace at the commencement and conclusion of the farm worker’s shift.
3) An employer who requires a farm worker to perform work on a regular basis after 20:00 and before 04:00 the next day must –
a) inform the farm worker in writing, or orally if the farm worker is not able to understand a written communication, in a language that the farm worker understands-
i) of any health and safety hazards associated with the work that the farm worker is required to perform: and
ii) of the farm worker’s rights to undergo a medical examination in terms of paragraph (b).
b) at the request of the farm worker, enable the farm worker to undergo a medical examination, for the account of the employer, concerning those hazards-
i) before the farm worker starts, or within a reasonable period of the farm worker starting, such work;
ii) at appropriate interval while the farm worker continues to perform such work; and
c) transfer the farm worker to suitable day work within a reasonable time if-
i) the farm worker suffers from a health condition associated with the performance of night work; and
ii) it is practicable for the employer to do so.
4) Sub-clause (3) applies to farm workers who work after 20:00 and before 04:00 at least five times per month or 50 times per year.