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

Sectoral Determinations

Sectoral Determination 13 : Farm Worker Sector, South Africa

Part D : Hours of Work

17. Night work


(1) In this 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 intervals 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.