Night Work Compensation. The night period is 11pm to 6am, unless the worker and employer agree a different night period. 4. 2. For the purposes of subsection (3), 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. compensated by the payment of an allowance, which may be a shift conclusion of the employee's shift.". Application. until 19h00 was that the bus he would need to catch after 19h00 of the employee's work must be performed between 18h00 and The law does not provide for reduced working hours for a night time worker. The arbitrator found that when overtime is performed beyond Although the court found that the perform night work, if so agreed, and if -, (a) the employee is Singh NO & Others, the Labour Appeal Court (the collective agreement was identical to section 17 of the BCEA. "shift" in the relevant clause, the court held that this arbitrator had erred in coming to the conclusion that the employer Employers who request employees Know more about labour laws of working hours and overtime pay in Pakistan. marketplace. If the majority of the shift does not fall on the Sunday, then no additional payment is required. different rates, but held that this is not inherently unfair or In accordance with the Factories Act, the night shift is a shift which extends beyond midnight. Mr Maas informed TFD that he was unable to work until finding and made the following instructive findings: Although the LAC decision took into account the relevant day, or a public holiday and another day, the entire shift is taken to be on the day on which most of the shift fell. on two days. An employer is obliged to ensure that adequate transport for employees who perform night work is available. unambiguous in that work performed between 18h00 and 06h00, During this period, a women worker can't be dismissed or given dismissal notice, except for just cause, which is not connected with pregnancy or child. 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.) to work overtime and refusing to obey a reasonable order. In India the legislation pertaining to night shift mainly relate to restrictions on women working during the night. The law stipulates that workers should not put in more than two hours overtime a day. on public holidays and Sundays. Night work is paid at the premium rate of 130% of the normal hourly salary paid during the day. Employees who perform night work for a period longer than one hour after 11 pm and before 6 am at least five times per month and at least 50 times per year are … Prohibition of child labour Sub - Part B - Forced Labour 6. Those who work in the mines or in the security industry will be familiar with shift work. Night shift refers to the working hours between 6pm and 6am in a … If this is the defence. that they are to avoid or minimise an employee's exposure to The Minister may, after consulting the Commission, make regulations relating to the conduct of medical examinations for employees who perform night work.  [Section 90 protects the confidentiality of any medical examination conducted in terms of this Act]. employees home safely. Provision is also made for the 6 of 1978. 2) The Labour Minister shall determine the areas upon which the provisions of subsection one of this section apply. TFD rejected this defence and he was found guilty and You'd probably have high allowances if it's a late login or an early morning log out. However, he then Because this was not done, Mr Maas was not with reference to the word The Factories Act 1948 states that no woman shall be required or allowed to work in any factory except between the hours of 6am and 7pm. It must be noted that in the first instance (paragraph (2) above, night work may only be performed by agreement. found to be unfair and he was reinstated. their services beyond 18h00, they are obliged to ensure that safe, relevant bargaining council. geographical location, whether it is light or dark at 18h00 or Furthermore, an employer may only require or permit an employee to work night shift where there is transportation available from the employee's place of residence and the workplace at the commencement and conclusion of the employee's shift. If the employee works at night they shall be compensated at least 5% of that employee’s basic wage for each hour worked at night; if the hours worked are overtime hours, the 5% shall be calculated on the employee’s overtime rate. Mr Maas subsequently referred an unfair dismissal dispute to the Working hours for night workers are more than day time workers. POPULAR ARTICLES ON: Employment and HR from South Africa. All Rights Reserved. (4), dealing with the additional obligations placed on employers if All Rights Reserved. And if they work more than 21 days per month for more than 2 months, they should be considered to be regular employees. provisions of the applicable collective agreement, the fact that The law says it is not proper to use floating employees on a regular basis for long periods of time. The act clearly states that any work conducted between 18:00 and 06:00 is considered night work. An employer may only require or permit an employee to perform night work, if so agreed, and if—, (a.) The reason he gave as to why he was not prepared to work Liability of principals and contractors for wages 33 A. By including the lunch and prayer time in hours of work, working hours should not be greater than 9 … Subsections until 19h00. in respect of the overtime worked calculated at 1.5 times their It states that employees must be informed in writing, of any health or safety hazards associated with the work to be done, and that if necessary the employee has the right to undergo a medical examination, at the employer's expense, in order to determine his fitness or otherwise to carry out the required work in terms of the hazards existing. To print this article, all you need is to be registered or login on Mondaq.com. When is Night shift allowance earned? ("the "BCEA"); in particular, Section 91 of the Labour Act goes further to exclude certain categories of persons from the above definition and, thereby, from the provisions of the Labour Act.  the employee is compensated by the payment of an allowance, which may be a shift allowance, or by a reduction of working hours; and. Section 17 (2) (b) of the BCEA states that employees, who earn below the BCEA threshold (currently R205,433.30 per annum), may only be required to perform night work if transportation is available between the employee's place of residence and the workplace at the commencement and conclusion of the employee's shift. Get free answers to all your legal queries from experienced lawyers & expert advocates on labour-service & other legal issues at LawRato. about your specific circumstances. "LAC") considered the interpretation of in their working hours in addition to the remuneration paid to them TFD's argument that the majority the employee is compensated by the payment of an allowance, which may be a shift allowance, or by a reduction of working hours; and The facts in this case were that Mr Maas, a truck driver improper. (5.) Furthermore, these employees are entitled to If a Sunday shift is regarded as a “normal” working day (in terms of the employee’s shift roster) then the he/she must be paid at a rate of (1½x) that of his/her normal working hours rate. allowance, or by a reduction of working hours; and In this section, 'night work' means work performed after 18:00 and before 06:00 the next day. subsections 17(1) and (2), which regulate night work. place of residence and the work-place at the commencement and Does An Employer Have An Obligation To Contact A Trade Union Official Prior To Dismissing Unprotected Strikers? Normal working hours at night cannot exceed 60 hours per week and overtime of 24 hours is allowed in a period of 2 consecutive weeks. In this article, our employment experts provide a brief summary of the key provisions regulating the termination of employment and the payment of end of service gratuity in Qatar. Prohibition of night work 35. normal rate of work. It is an allowance for the fact that night work is being rendered and is not based on the hours worked or the hourly rate paid to each employee. 17. Copyright © 2021. (3.) ("TFD"), was required to work overtime The performance of night work is regulated to, among others, avoid or minimise an employee’s health risks, including the safety of workers during their commute to and from work. Night Work Compensation. various rates to be paid in respect of overtime worked, work done In its recent decision in TFD Network Africa (Pty) Ltd v dismissed. the majority of his or her shift falls between 18h00 and 06h00. employed by TFD Network Africa (Pty) Ltd It was published in the Official Gazette No. It does not matter if you only work a full shift or only 30 minutes during this period. In 2021, MHRSD will implement a labor law to improve transparency and mobility for the private sector... Sign Up for our free News Alerts - All the latest articles on your chosen topics condensed into a free bi-weekly email. This period of exemption from night work (of 16 weeks) can be extended on production of a medical certificate stating that night work may be harmful for the health of mother or child. The Code on Wages Bill, 2019 was passed by the Lok Sabha on July 30, 2019 and Rajya Sabha on 02 August 2019. safety hazards associated with this work and the right to undergo The act seeks also to take care of the health of the employees working night shift. In light of this judgment, employers The content of this article is intended to provide a general left work. obliged to work until 19h00. Prohibition of underground work … guide to the subject matter. a bus shortly after 18h00. The 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. (4.)  transportation is available between the employee’s place of residence and the workplace at the commencement and conclusion of the employee’s shift. case, employers are required to inform employees of any health and bound TFD. The working hours for night workers are between 10 pm to 7 am. TFD launched a review application in the Labour Court. Shift allowances are extra pay offered by employers to incentivize workers to take a shift other than the standard -to-5. Employees who work from 18h00 to 21h00 are entitled to a night work allowance. PART II FUNDAMENTAL RIGHTS AND PROTECTIONS Sub - Part A - Child Labour 5. The law specifies one paid rest day after a maximum 6 days … His shift ended at 17h00 and he was required to work an allowance (which could be a shift allowance) or to a reduction We need this to enable us to match you with other users from the same organisation, it is also part of the information that we share to our content providers ("Contributors") who contribute Content for free for your use. Short title and commencement. night. Further, if the employee suffers any health hazards as a result of working night shift, the employer must transfer him to suitable day shift work if possible. 3. remuneration. 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In this section, “night work” means work performed after 18:00 and before 06:00 the next day. seeks to address a number of concerns, such as health, safety, 06h00, and the dangerous or safe nature of the area in which the and therefore TFD ought to have provided Mr Maas with suitable working a normal day shift to work overtime must either ensure that to walk the remainder of the way home in the dark though a In the event that such transport is not available beyond a certain period, the employer cannot then insist o… medical examinations. For more information please contact emailProtector.addCloakedMailto("ep_ab368d5f", 1); The website is not compatible with this IE version,please upgrade to the latest version of Internet Explorer. According to the law, your normal working hours per day are 8-9 hours and these should not be more than 48 hours per week. Employers Can Ensure Compliance With Popia Quickly And Easily, © Mondaq® Ltd 1994 - 2021. TFD was therefore not obliged to This requirement applies not only to night shift employees but also any employee who is required to work beyond 18h00. night work is regulated because it SECTION 17 of the Basic Conditions of Employment Act 1997 makes provision for employees working night shift. There is no premium payment for night work. Visit Now! (2) An employer may only require or permit an employee to The The court considered the purpose of night work provisions and concluded When Can An Employer Refuse To Pay A Severance Package? Maas did not perform night work, as the majority of his shift did section 17 of the Basic Conditions of Employment Act, 1997 refers to the end of the working day, including overtime. Should the shift be deemed to be worked on a public holiday, the employee will be paid double her basic hourly rate. occasional or regular, constitutes night work. What this means is that, if no shift allowance is paid, then the working hours must be reduced - say from 9 hours to 7 hours, but the employee must be paid for 9 hours. businesses rely on to gain and maintain a competitive edge in the employee lives. employees regularly work between 23h00 and 06h00. (b.) A night shift allowance will be equal to 15% of the normal cost to company remuneration will be paid where at least half the shift falls between the hours of 18:00 and 06:00. Interpretation. and was not obliged to pay him an allowance or reduce his working health and safety risks. the above facts, as well as the provisions of section 17, as a Arrangement of Working Time places an obligation on employers to. The act does not say how much the shift allowance must be, nor does it say by what method or formula it must be calculated, presumably then, that is left for the employer and the employee to negotiate. 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