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Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)

Codes of Good Practice

Code of Good Practice on the Arrangement of Working Time

2. Application


2.1 This code is issued in terms of section 87(1)(a) of the Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997), (BCEA) and must be read in conjunction with the BCEA, particularly Chapter Two which governs the regulation of working time.


2.2 Section 7 of the BCEA requires employers to regulate the working time of each employee —
2.2.1 in accordance with the provisions of any Act governing occupational health and safety;
2.2.2 with due regard to the health and safety of employees;
2.2.3 with due regard to this Code of Good Practice;
2.2.4 with due regard to the family responsibilities of employees.


2.3 This code applies to all employers and employees covered by the BCEA. This Code of Good Practice is of particular significance for employees who perform shift work or regular night work and to their employers.


2.4 The norms established by this Code are general and may not be appropriate for all workplaces. A departure from the Code may be justified in proper circumstances. For example, the number of employees employed in an establishment may warrant a different approach.