Night Shift Rules South Africa

(5) The Minister may, after consultation with the Board, make rules respecting the conduct of medical examinations of night workers. [Section 90 protects the confidentiality of any medical examination carried out within the meaning of this Act] The Night Shift and Unsociable Working Hours Act is mainly governed by the provisions of the Working Time Ordinance 1998, including: 11.4 Movement and flexibility. GLOSSARYContary shift – the employer works 24 hours a day, seven days a week, all year round. Semi-continuous shift work – the employer works 24 hours a day without a daily break, but with a break on weekends. Intermittent shift work – the employer works less than 24 hours a day with at least one daily break. A «two-layer system» is the most common batch work system. Short or part-time shifts – daily work hours well below eight hours. Long shifts – daily working hours that are significantly more than eight hours. Rotating (or alternate) shifts – workers alternate between different shifts. Rotation has three key elements: as a night worker, a person should not perform more than 8 hours of night work on average over a 24-hour period, normally calculated over a reference period of 17 weeks. (1.) In this section, «night work» means work performed after 6:00 p.m. and before 6:00 a.m. the next day.

Employers must keep records to prove that night workers have not exceeded the recommended night work limits. They must also keep records of health assessments or the dates on which they offered health assessments for all workers who did not accept the offer. These records must be kept by the employer for a period of at least two years. As night workers, staff should not perform on average more than eight hours of night work in any 24-hour period, which is generally calculated over a 17-week period. Employees cannot opt out of this night work limit unless a collective agreement or collective agreement so provides. The reference period may also be modified by a collective or operating agreement. The law stipulates that night work is only allowed if [both] parties agree and if night work allowance is paid or if there is an agreement on the reduction of working hours with equal pay. From the above, it is clear that managing night shift compensation, various rotating shifts and regulatory compliance is often a challenge for many companies. Innovative software solutions such as EasyRoster simplify the management of these elements and make it easier for companies to ensure BCEA compliance, especially when it comes to night pay. Book a demo today to learn more about how EasyRoster can positively improve your workforce management processes. 10.7 Collective bargaining, union activities and the activities of participation bodies such as union forums or health and safety committees should be organised in such a way that night workers can participate.

5.4 Shift schedules should be posted or distributed in a manner that is easily accessible to all workers and should be presented in an easily understandable format. 8.5 In certain circumstances, it may be appropriate to discourage some individuals from working shifts. These circumstances include when the effectiveness of medications is fundamentally affected by circadian rhythms (daily bodies), workers with gastrointestinal or cardiovascular diseases, and epileptics. Workers who normally work nights, including those who work regular rotating shifts, but with the exception of those who work only occasionally at night, are protected by the 1998 Regulations. He adds that it is important to distinguish between overtime pay and night pay. The following factors should be taken into account when establishing rosters for semi-continuous and continuous shiftwork: 10.3 Employers who recruit workers to work at night shall ensure that: — There are special rules for night work for young workers aged 16 or 17. A young worker is essentially a person under the age of 18 but over school-leaving age. Young workers should not normally work at night between 10 p.m. and 6 a.m.

or between 11 p.m. and 7 a.m. if the employment contract provides for work after 10 p.m. 10.6 Workers working at night should not be penalised in terms of access to education and training.