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Labour Relations Act, 1995 (Act No. 66 of 1995)

Notices

Motor Industry Bargaining Council  (MIBCO)

Main Collective Agreement

Division A : Provisions Applicable to all Establishments in the Industry

Clause 4 : Regulation of Working Hours

4.5 Night Work

 

 

(1) An employer who requires an employee to perform work on a regular basis after 23:00 and before 06:00 the next day 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 subclause (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.

 

(2) For the purposes of subclause (1), an employee works on a regular basis if the employee works for a period of longer than one hour after 23:00 and before 06:00 at least five times per month or 50 times per year.