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

National Bargaining Council for the Road Freight and Logistics Industry (NBCRFLI)

Main Collective Agreement

Part 2 : Hours of Work

16. Night work

 

 

1) An employer may only require or permit an employee to perform night work, if the employee-
a) is paid a night work allowance, specified in Schedule 5; and
b) transportation is available between the employee's place of residence and the workplace at the commencement and conclusion of the employee's working day.

 

2) 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 paragraph (b);
b) at the request of the employee, enable the employee to undergo a medical examination by a doctor designated and paid for by the employer, concerning possible health and safety 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.
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.

 

3) The record of a medical examination performed in terms of this clause must be kept confidential and may be made available only -
a) in accordance with the ethics of medical practice;
b) if required by law or court order; or
c) if the employee has in writing consented to the release of that information.

 

4) For the purposes of sub-clause (2), 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.

 

5) An employee who receives a subsistence allowance does not also qualify for a night shift allowance.