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

Sectoral Determinations

Sectoral Determination 7 : Domestic Worker Sector, South Africa

Part D : Hours of Work

13. Night work


(1) For the purposes of 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 domestic worker to perform night work, if agreed in writing and if—
(a) the domestic worker is compensated by the payment of an allowance; and
(b) the domestic worker resides at the workplace or transport is available between the domestic worker's place of residence and the workplace at the beginning and end of the domestic worker's shift.


(3) The amount of the allowance in terms of clause 1(a) must be agreed between the employer and the domestic worker.


(4) An employer who requires a domestic worker to perform work for a period of longer than one hour after 22:00 and before 06:00 the next day at least five times per month or 50 times per year must comply with sections 17(3) and (4) of the Basic Conditions of Employment Act.