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

Sectoral Determinations

Sectoral Determination 12 : Forestry Sector, South Africa

Part D : Hours of Work

19. 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 only require or permit a forestry worker to perform night work if so agreed and if—
(a) the employer pays the forestry worker an allowance of at least 10% of the forestry worker’s ordinary daily wage; and
(b) transportation is available between the forestry worker’s place of residence and the workplace at the commencement and conclusion of the forestry worker’s shift.


(3) An employer who requires a forestry worker to perform work on a regular basis after 23:00 and before 06:00 the next day must—
(a) inform the forestry worker in writing, or orally if the forestry worker is not able to understand a written communication, in a language that the forestry worker reasonably understands—
(i) of any health and safety hazards associated with the work that the forestry worker is required to perform; and
(ii) of the forestry worker’s right to undergo a medical examination in terms of paragraph (b);
(b) at the request of the forestry worker, enable the forestry worker to undergo a medical examination, for the account of the employer, concerning those hazards—
(i) before the forestry worker starts, or within a reasonable period of the forestry worker starting such work;
(ii) at appropriate intervals while the forestry worker continues to perform such work; and
(c) transfer the forestry worker to suitable day work within a reasonable time if—
(i) the forestry 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 a forestry worker who works after 23:00 and before 06:00 at least five times per month or 50 times per year.