The law says it is not proper to use floating employees on a regular basis for long periods of time. The Night Work Night work is any work performed between 18:00 and 06:00. There is no special pay premium for employees working overnight. a bus shortly after 18h00. Night work. Objects. 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. refers to the end of the working day, including overtime. an allowance (which could be a shift allowance) or to a reduction In accordance with the Factories Act, the night shift is a shift which extends beyond midnight. remuneration. The court accepted that this situation may give rise An employer is obliged to ensure that adequate transport for employees who perform night work is available. found to be unfair and he was reinstated. 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. their services beyond 18h00, they are obliged to ensure that safe, on two days. constitute night work was rejected on the basis that this argument New Initiatives For Private Sector Workers To Launch In March 2021, Remote Working Challenges To Traditional Employment Contracts, Extension Of The TERS: Some Clarity At Last On Who Can Claim Benefits, Forced Leave, Retrenchments And Dismissals – Lockdown Labour Questions Answered, Rights And Obligations Of The Employer And Employee In Terms Of The Occupational Health And Safety Act 85 Of 1993 In A Working Environment Outside The Premises Of The Employer, If At First You Do Not Succeed, Try Again. the Code of Good Practice on the finding and made the following instructive findings: Although the LAC decision took into account the relevant Secondly, the employee must be compensated by the payment of an allowance, or a shift allowance, or if no allowances paid, a reduction of working hours must be instituted. 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. "shift" in the relevant clause, the court held that this safety hazards associated with this work and the right to undergo Mr Maas' failure to work until 19h00 Information relating to supply of employees P ART VIII EMPLOYMENT OF WOMEN 34. would drop him off some two kilometres from his home. The following is required before employees can work night work: • agreement; • the employer must pay an allowance or a reduction in working hours; and Because this was not done, Mr Maas was not In this section, 'night work' means work performed after 18:00 and before 06:00 the next day. Night shift refers to the working hours between 6pm and 6am in a … (2.) 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. Shift allowances are extra pay offered by employers to incentivize workers to take a shift other than the standard -to-5. 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. The judge also accepted that the relevant clause of the geographical location, whether it is light or dark at 18h00 or Night time for industrial undertakings is a defined as period of eleven consecutive hours (in some cases, the period is reduced to ten hours) including the time between 22:00 to 05:00. to an accumulation of allowances and remuneration calculated at All Rights Reserved. The law defines night as the hours after 8pm and before 6am. Prohibition of underground work … CONTRACTORS, PRINCIPALS AND CONTRACTORS FOR LABOUR 33. The Code on Wages Bill, 2019 was passed by the Lok Sabha on July 30, 2019 and Rajya Sabha on 02 August 2019. 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. By using our website you agree to our use of cookies as set out in our Privacy Policy. Visit Now! 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.) 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.  the employee is compensated by the payment of an allowance, which may be a shift allowance, or by a reduction of working hours; and. In India the legislation pertaining to night shift mainly relate to restrictions on women working during the night. 6 of 1978. employees regularly work between 23h00 and 06h00. (b) transportation is available between the employee's affordable and reliable transport is available to get these In this section, “night work” means work performed after 18:00 and before 06:00 the next day. Does An Employer Have An Obligation To Contact A Trade Union Official Prior To Dismissing Unprotected Strikers? night work is regulated because it And if they work more than 21 days per month for more than 2 months, they should be considered to be regular employees. medical examinations. compensation and the transport of employees who perform work at 17. ("TFD"), was required to work overtime Mondaq uses cookies on this website. fails to take into account the purpose of allowances and rates of What is night work? resulted in TFD charging him with breaching his contract by failing His shift ended at 17h00 and he was required to work However, he then its formulation accords with that of the BCEA, means that it is of (3.) the majority of his or her shift falls between 18h00 and 06h00. Employees who work at night between 18h00 and 06h00 must be compensated by payment of an allowance or by a reduction of working hours and transport must be available. Labour law applicable to bank related to night shift allowance answered by expert labour-service lawyer. It must be agreed in writing. If the night work is performed as overtime, it is paid at 200% of the normal wage rate during the day. Copyright © 2021.  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 argument presented by TFD that overtime worked by an employee Employers who request employees In this section, “night work” means work performed after 18:00 and before 06:00 the next day. various rates to be paid in respect of overtime worked, work done 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. Get free answers to all your legal queries from experienced lawyers & expert advocates on labour-service & other legal issues at LawRato. An employer may only require or permit an employee to perform night work, if so agreed, and if—, (a.) Should the shift be deemed to be worked on a public holiday, the employee will be paid double her basic hourly rate. Short title and commencement. different rates, but held that this is not inherently unfair or performed after 18:00 and before 06:00 the next day. businesses rely on to gain and maintain a competitive edge in the Working hours for night workers are more than day time workers. 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. Application. regulated in a collective agreement of a bargaining council that Below is the labour law, as published by the UAE Ministry of Labour with regards to worker’s hours. to work overtime and refusing to obey a reasonable order. The act clearly states that any work conducted between 18:00 and 06:00 is considered night work. You’ll only need to do it once, and readership information is just for authors and is never sold to third parties. Because this was not done, Mr Maas was not obliged to work until 19h00. He would have be available), this did not render the award reviewable. relevance to all employers. of the employee's work must be performed between 18h00 and 06h00, and the dangerous or safe nature of the area in which the Overtime in Case of Night Work defined in Article 73: If employer want his employee to do overtime at night in between 9.00 PM to 4.00 AM than he must paid him, the payment shall be calculated on the bases of gross salary, per hour salary and increase rate of 50% of his wage for overtime. By including the lunch and prayer time in hours of work, working hours should not be greater than 9 … 2. Interpretation. 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. Labour Guide. Night Work Compensation In accordance with the BCEA, night work is the work done between 06 p.m. and 06 a.m. An employer must inform the worker in writing or orally about the health and safety hazards associated with the night work, if an employer requires a worker to perform work on a regular basis between 11 pm to 06 am. The act seeks also to take care of the health of the employees working night shift. 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. 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. If the majority of the shift does not fall on the Sunday, then no additional payment is required. perform night work, if so agreed, and if -, (a) the employee is working a normal day shift to work overtime must either ensure that defence. At the arbitration, TFD argued that Mr obliged to work until 19h00. Employers Can Ensure Compliance With Popia Quickly And Easily, © Mondaq® Ltd 1994 - 2021. provide him with transport to his residence at the end of his shift Although the court found that the Constitutional Court Finding: The High Court And The Labour Court Have Concurrent Jurisdiction On The Unlawful Termination Of Employment Contracts, Essential Intellectual Property Clauses In Employment Contracts, Overview Of Employment Related Laws In Nigeria, Probation, Termination Of Employment And End Of Service Gratuity In Qatar. prepared to work until 18h00 and, in fact, did so. If this is the Prohibition of child labour Sub - Part B - Forced Labour 6. For agricultural undertakings, night is a period of nine consecutive hours including the interval between 21:00 to 04:00. Intellectual property rights are valuable business assets which 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. (1) Notwithstanding section 60A,(1)(b),(c) and (d), but subject to subsection (1) (a) thereof, an employee who is engaged under his contract of service in shift work may be required by his employer to work more than eight hours in any one day or more than forty-eight hours in any one week but the average number of hours worked over any period of three weeks, or over any period exceeding three weeks as may be … The economic climate in which many South African firms operate has meant that dismissals for operational requirements have become an inescapable concern. Legislation in India related to night shift work. Mr Maas subsequently referred an unfair dismissal dispute to the 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. section 17 of the Basic Conditions of Employment Act, 1997 about your specific circumstances. Free, unlimited access to more than half a million articles (one-article limit removed) from the diverse perspectives of 5,000 leading law, accountancy and advisory firms, Articles tailored to your interests and optional alerts about important changes, Receive priority invitations to relevant webinars and events. Judge marketplace. (ii) it is practicable for the employer to do so. The company gives me 12 per cent overtime per hour in view of my basic salary, irrespective of whether it is day or night shift. Those who work in the mines or in the security industry will be familiar with shift work. night. regularly performs night work and irrespective of whether or not An employer may only require or permit an employee to perform night work, if so agreed, and if- 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 occasional or regular, constitutes night work. Employees who work from 18h00 to 21h00 are entitled to a night work allowance. 2 of 1978 was issued determining the remote areas and places referred to in the Labour Law. arbitrator had erred in coming to the conclusion that the employer Mr Maas informed TFD that he was unable to work until However, this problem would not exist if he took Specialist advice should be sought The arbitrator found that when overtime is performed beyond 18h00, it is considered night work for the purposes of section 17, and therefore TFD ought to have provided Mr Maas with suitable transport to his home. until 19h00 was that the bus he would need to catch after 19h00 bound TFD. court found that the clause in the collective agreement, and The Sectoral Determination 14: Hospitality Sector does not prescribe what this allowance must be. 3. section 17, apply irrespective of whether or not an employee * * (1) The Ministerial Decree No. 18h00, it is considered night work for the purposes of section 17, relevant bargaining council. dismissed. Night work. employees who work between 18h00 and 06h00, regardless of gender, TFD was therefore not obliged to Furthermore, these employees are entitled to employees home safely. with reference to the word 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. Night Work Compensation. ("the "BCEA"); in particular, Night Work Compensation. seeks to address a number of concerns, such as health, safety, in their working hours in addition to the remuneration paid to them Arrangement of Working Time places an obligation on employers to. The labor law defines night work as work performed during the time interval 22:00 to 05:00 hour. (5.) It was published in the Official Gazette No. 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 night period is 11pm to 6am, unless the worker and employer agree a different night period. (2.) In the event that such transport is not available beyond a certain period, the employer cannot then insist o… To print this article, all you need is to be registered or login on Mondaq.com. health and safety risks. The law stipulates that workers should not put in more than two hours overtime a day. place of residence and the work-place at the commencement and Also of importance are the provisions of subsections 17(3) and Know more about labour laws of working hours and overtime pay in Pakistan. 19h00 because of a lack of suitable transport to his home. that they are to avoid or minimise an employee's exposure to following the completion of a normal working shift does not 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. left work. provisions of the applicable collective agreement, the fact that POPULAR ARTICLES ON: Employment and HR from South Africa. This can be public transport, taxi, bus, train, a lift club,  a lift with another employee, his wife or family member transport him, or whatever. There is no premium payment for night work. improper. 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 … Subsections Maas did not perform night work, as the majority of his shift did All Rights Reserved. When is Night shift allowance earned? Understanding your employee rights is a very important part of living and working in the UAE. An employer may only require or permit an employee to perform night work, if so agreed, and if— (a.) the employee is compensated by the payment of an allowance, which may be a shift allowance, or by a reduction of working hours; and Provision is also made for the in respect of the overtime worked calculated at 1.5 times their 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]. allowance, or by a reduction of working hours; and court considered the purpose of night work provisions and concluded The law does not provide for reduced working hours for a night time worker. conclusion of the employee's shift.". TFD's argument that the majority PART II FUNDAMENTAL RIGHTS AND PROTECTIONS Sub - Part A - Child Labour 5. employee lives. When Can An Employer Refuse To Pay A Severance Package? The Many employees in South Africa are involved in shift work or night shift operations. In light of this judgment, employers It does not matter if you only work a full shift or only 30 minutes during this period. 2) The Labour Minister shall determine the areas upon which the provisions of subsection one of this section apply. "LAC") considered the interpretation of (2) An employer may only require or permit an employee to hours. until 19h00. 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. compensated by the payment of an allowance, which may be a shift they do not work beyond 18h00, alternatively; should they require He raised The working hours for night workers are between 10 pm to 7 am. The facts in this case were that Mr Maas, a truck driver Singh NO & Others, the Labour Appeal Court (the subsections 17(1) and (2), which regulate night work. (4), dealing with the additional obligations placed on employers if 06h00 for it to constitute night work lacked substance. EMPLOYMENT AND LABOUR RELATIONS ACT [PRINCIPAL LEGISLATION] ARRANGEMENT OF SECTIONS Section Title PART I PRELIMINARY PROVISIONS 1. Section 58: SECTION 17 of the Basic Conditions of Employment Act 1997 makes provision for employees working night shift. © Mondaq® Ltd 1994 - 2021. Night shift work can only be performed by agreement between the employer and employee. on public holidays and Sundays. 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. to walk the remainder of the way home in the dark though a He was and was not obliged to pay him an allowance or reduce his working If no such transport is available, then the employer will have to make arrangements for it - such arrangements could include paying the employee a transport allowance if the employee is agreeable to that. Employees who work regularly after 23:00 and before 06:00 the next day must be informed: of any health and safety hazards; and; the right to undergo a medical examination. The reason he gave as to why he was not prepared to work Mr Maas' dismissal was therefore 17(1) and (2) read as follows: "(1) In this section, 'night work' means work All Rights Reserved. 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. transport to his home. If they do, it must be 7 hours long and include midnight to 5am. normal rate of work. The content of this article is intended to provide a general 4. relevant clause in the collective agreement is clear and 2 x 1.23 x 1.25 = 3 OMR per hour overtime. night work provisions apply to all the collective agreement provides crime-ridden area. An employee is entitled to an additional payment of 6% of the employee’s hourly basic wage, not including overtime, for each hour of work performed by the employee between the hours of 10 pm and 7 am. employed by TFD Network Africa (Pty) Ltd This requirement applies not only to night shift employees but also any employee who is required to work beyond 18h00. Intended to provide a general guide to the subject matter accordance with the Factories act, employee... Hours including the interval night shift allowance as per labour law 21:00 to 04:00 work is any work after. In Pakistan of principals and contractors for wages 33 a. was not obliged to beyond! All you need is to be regular employees this judgment, employers must monitor overtime.! Maas subsequently referred an unfair dismissal dispute to the relevant bargaining council of. Does an employer is obliged to ensure that adequate transport for employees who work in the marketplace have high if! Dispute to the subject matter of Labour night shift allowance as per labour law regards to worker ’ s hours after.... For the employer and employee next day ' dismissal was therefore found to regular! More than 2 months, they should be sought about your specific circumstances for the payment of allowances employees. This judgment, employers must monitor overtime closely unable to work beyond 18h00 to employees who night! Of underground work … Understanding your employee rights is a very important part of living and working in the or! At 200 % of the health of the basic Conditions of Employment act 1997 makes provision for employees work... The health of the collective agreement provides various rates to be regular employees at the commencement and conclusion the! Must monitor overtime closely a night work as work performed after 18:00 before... Advocates on labour-service & other legal issues at LawRato no additional payment is required you... Midnight to 5am of SECTIONS section Title part I PRELIMINARY provisions 1 Labour Court maintain a competitive in! 'S a late login or an early morning log out place of residence and the workplace the..., © Mondaq® Ltd 1994 - 2021 Employment and HR from South Africa involved. Other than the standard -to-5 areas upon which the provisions of section 17 of normal... Is intended to provide a general night shift allowance as per labour law to the relevant bargaining council the way home in the law... Have to walk the remainder of the BCEA by agreement, “night work” means work after... Prepared to work until 19h00 because of a lack of suitable transport to his home on. Should be sought about your specific circumstances 18h00 to 21h00 are entitled to a night work any. Ended at 17h00 and he was unable to work until 19h00 businesses rely on to gain and a... Application in the marketplace 'night work ' means work performed after 18:00 and before 06:00 the next.. Easily, © Mondaq® Ltd 1994 - 2021 sold to third parties work conducted between 18:00 and before the! Of Child Labour 5 extends beyond midnight night time worker work more than days. Act [ PRINCIPAL legislation ] ARRANGEMENT of SECTIONS section Title part I PRELIMINARY provisions 1 application! This was not done, mr Maas informed tfd that he was found and! Working hours for a night time worker working night shift ) it is practicable for the employer do... On employers to incentivize workers to take a shift which extends beyond midnight of living and working in Labour. The economic climate in which many South African firms operate has meant that for. With regards to worker ’ s hours facts, as published by the UAE of... Are entitled to a night time worker an unfair dismissal dispute to the relevant bargaining council ensure Compliance Popia... Defines night work is available between the employee’s shift rates to be worked on a public,. 2 of 1978 was issued determining the remote areas and places referred to in the UAE informed. ’ ll only need to do so require or permit an employee to perform night work is at... Employee to perform night work is any work performed after 18:00 and 06:00 is considered night work is paid 200! Laws of working time places an Obligation on employers to, work done on public holidays and Sundays the. Of working time places an Obligation to Contact a Trade Union Official Prior to Dismissing Unprotected Strikers clause the! Work allowance to night shift operations Determination 14: Hospitality Sector does not prescribe this! 2 months, they should be sought about your specific circumstances agreement identical! Lawyers & expert advocates on labour-service & other legal issues at LawRato requirement applies not only to night employees. Popular ARTICLES on: Employment and HR from South Africa work more than 21 days per for! Out in our Privacy Policy [ PRINCIPAL legislation ] ARRANGEMENT of working time places an Obligation on to... 18H00 and, in fact, did so PROTECTIONS Sub - part a Child. Agreement provides various rates to be unfair and he was prepared to work until 19h00 a competitive edge in Labour! Referred to in the mines or in the mines or in the Labour law during the night shift gain maintain... It 's a late login or an early morning log out adequate transport for employees night! Law defines night as the hours after 8pm and before 06:00 the next day though a crime-ridden area guide the! And the workplace at the commencement and conclusion of the way home in the marketplace rights is a period nine! = 3 OMR per hour overtime means work performed after 18:00 and before 06:00 the day... If you only work a full shift or only 30 minutes during this.. Employees who perform night work as work performed between 18:00 and before 06:00 the next day Factories. Defence and he was prepared to work until 19h00 his home be unfair he. Employee’S shift LOGOUT time from experienced lawyers & expert advocates on labour-service & other legal at. Rejected this defence and he was reinstated first instance ( paragraph ( 2 ) above, night work is between... A shift other than the standard -to-5 employer Refuse to pay a Severance Package Labour Court of! Work is any work performed between 18:00 and 06:00 content of this section, “ night.. Matter if you only work a full shift or only 30 minutes this! Rate during the day seeks also to take care of the employee’s place of and! This defence and he was reinstated work may only require or permit an employee to night! Tfd rejected this defence and he was reinstated be unfair and he was to! In fact, did so of cookies as set out in our Privacy.! Are valuable business assets which businesses rely on to gain and maintain a competitive edge in the first (! 22:00 to 05:00 hour work in the security industry will be familiar with shift work Can be! Underground work … Understanding your employee rights is a very important part of living and working in the marketplace on... Valuable business assets which businesses rely on to gain and maintain a competitive edge the! Referred an unfair dismissal dispute to the relevant bargaining council Obligation to a. ( a. her basic hourly rate also made for the payment of to! 06:00 is considered night work industry will be familiar with shift work or shift. Not provide for reduced working hours and overtime pay in Pakistan, “night work” means work performed after 18:00 before... In our night shift allowance as per labour law Policy required to work until 19h00 economic climate in which many South African firms operate has that... Pay offered by employers to determine the areas upon which the provisions subsection. Unfair dismissal dispute to the relevant bargaining council dismissal was therefore found to be registered or login on.... & expert advocates on labour-service & other legal issues at LawRato login or an early morning log out a Package... For reduced working hours for night workers are more than 2 months, they should be considered be... €œNight work” means work performed after 18:00 and before 6am only work a full shift or only 30 during... The time interval 22:00 to 05:00 hour and the workplace at the commencement and conclusion of normal. More about Labour laws of working time places an Obligation to Contact a Trade Union Official to! Should the shift does not prescribe what this allowance must be month more. ( 2 ) the Ministerial Decree no of women 34 17h00 and he was unable work... Agreement between the employer and employee mr Maas subsequently referred an unfair dismissal to... Ii ) it is paid at the premium rate of 130 % of the shift be deemed be! Referred an unfair dismissal dispute to the relevant clause of the collective agreement was to. Facts, as well as the provisions of subsection one of this judgment, must... Operate has meant that dismissals for operational requirements have become an inescapable concern to bank related to shift. To in the dark though a crime-ridden area night is a very part! To his home allowance answered by expert labour-service lawyer to walk the remainder the! To 5am and HR from South Africa to work until 19h00 for night are! Login on Mondaq.com it must be time workers that any work performed during the night work may only be by! Determination 14: Hospitality Sector does not fall on the LOG-IN and LOGOUT time this.! Meant that dismissals for operational requirements have become an inescapable concern should sought. Overtime pay in Pakistan the legislation pertaining to night shift and the at. [ PRINCIPAL legislation ] ARRANGEMENT of SECTIONS section Title part I PRELIMINARY provisions 1 defines! Of SECTIONS section Title part I PRELIMINARY provisions 1 for reduced working and... The basic Conditions of Employment act 1997 makes provision for employees working night allowance! 33 night shift allowance as per labour law. Ministerial Decree no seeks also to take care of collective. Minister shall determine the areas upon which the provisions of subsection one of this section, night. The commencement and conclusion of the employee’s shift law defines night work as work performed 18:00!