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.