Sectoral Determination 9: Wholesale and Retail Sector, South Africa
Part D : Hours of Work
20. Night Work

 

 

1)        For the purposes of this clause, "night work" means work performed after 19:00 and before 07:00 the next day.

 

2)        An employer may only require or permit an employee to perform night work, if so agreed and if –

a)        the employee is compensated by the payment of an allowance at a rate of at least 10% of the hourly wage for every hour or part of an hour that the employee works; and

b)        transport is available between the employee’s place of residence and the workplace at the beginning and end of the employee’s shift.

 

3)        An employer who requires a employee to perform work on a regular basis for a period of longer than one hour after 23:00 and before 06:00 the next day at least five times per month or 50 times per year 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 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.