(2.) 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. place of residence and the work-place at the commencement and In this section, 'night work' means work performed after 18:00 and before 06:00 the next day. "shift" in the relevant clause, the court held that this TFD's argument that the majority 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. At the arbitration, TFD argued that Mr When is Night shift allowance earned? 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 Steenkamp accepted that the BCEA did not apply, as the matter was 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. (3.) defence. TFD was therefore not obliged to night work provisions apply to all Labour Guide. TFD rejected this defence and he was found guilty and Night shift work can only be performed by agreement between the employer and employee. You'd probably have high allowances if it's a late login or an early morning log out. 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. night work is regulated because it Employers who request employees to an accumulation of allowances and remuneration calculated at Furthermore, these employees are entitled to CONTRACTORS, PRINCIPALS AND CONTRACTORS FOR LABOUR 33. 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. provide him with transport to his residence at the end of his shift If the night work is performed as overtime, it is paid at 200% of the normal wage rate during the day. He would have 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. 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. Mr Maas' failure to work until 19h00 relevance to all employers. safety hazards associated with this work and the right to undergo 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. Those who work in the mines or in the security industry will be familiar with shift work. working a normal day shift to work overtime must either ensure that 06h00 for it to constitute night work lacked substance. employees who work between 18h00 and 06h00, regardless of gender, (ii) it is practicable for the employer to do so. In the event that such transport is not available beyond a certain period, the employer cannot then insist o… fails to take into account the purpose of allowances and rates of Application. The act seeks also to take care of the health of the employees working night shift. their services beyond 18h00, they are obliged to ensure that safe, Get free answers to all your legal queries from experienced lawyers & expert advocates on labour-service & other legal issues at LawRato. POPULAR ARTICLES ON: Employment and HR from South Africa. 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 collective agreement provides Mr Maas subsequently referred an unfair dismissal dispute to the the Code of Good Practice on the health and safety risks. Employees who work from 18h00 to 21h00 are entitled to a night work allowance. (1.) provisions of the applicable collective agreement, the fact that geographical location, whether it is light or dark at 18h00 or businesses rely on to gain and maintain a competitive edge in the EMPLOYMENT AND LABOUR RELATIONS ACT [PRINCIPAL LEGISLATION] ARRANGEMENT OF SECTIONS Section Title PART I PRELIMINARY PROVISIONS 1. Legislation in India related to night shift work. The law defines night as the hours after 8pm and before 6am. 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. 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. and therefore TFD ought to have provided Mr Maas with suitable "LAC") considered the interpretation of 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. Mondaq uses cookies on this website. The night period is 11pm to 6am, unless the worker and employer agree a different night period. By including the lunch and prayer time in hours of work, working hours should not be greater than 9 … Because this was not done, Mr Maas was not obliged to work until 19h00. Should the shift be deemed to be worked on a public holiday, the employee will be paid double her basic hourly rate. they do not work beyond 18h00, alternatively; should they require Although the court found that the The the above facts, as well as the provisions of section 17, as a 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. (2) An employer may only require or permit an employee to medical examinations. prepared to work until 18h00 and, in fact, did so. night. conclusion of the employee's shift.". 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. Night shift refers to the working hours between 6pm and 6am in a … Visit Now! argument presented by TFD that overtime worked by an employee an allowance (which could be a shift allowance) or to a reduction found to be unfair and he was reinstated. SECTION 17 of the Basic Conditions of Employment Act 1997 makes provision for employees working night shift. TFD launched a review application in the Labour Court. 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. In this section, “night work” means work performed after 18:00 and before 06:00 the next day. 2 x 1.23 x 1.25 = 3 OMR per hour overtime. 2 of 1978 was issued determining the remote areas and places referred to in the Labour Law. regulated in a collective agreement of a bargaining council that obliged to work until 19h00. Night Work Compensation. Shift allowances are extra pay offered by employers to incentivize workers to take a shift other than the standard -to-5. However, this problem would not exist if he took 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. 4. Night work. employee lives. would drop him off some two kilometres from his home.  the employee is compensated by the payment of an allowance, which may be a shift allowance, or by a reduction of working hours; and. resulted in TFD charging him with breaching his contract by failing The labor law defines night work as work performed during the time interval 22:00 to 05:00 hour. The court accepted that this situation may give rise The There is no special pay premium for employees working overnight. Interpretation. that they are to avoid or minimise an employee's exposure to normal rate of work. 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.) employed by TFD Network Africa (Pty) Ltd Liability of principals and contractors for wages 33 A. marketplace. When Can An Employer Refuse To Pay A Severance Package? The economic climate in which many South African firms operate has meant that dismissals for operational requirements have become an inescapable concern. Employers Can Ensure Compliance With Popia Quickly And Easily, © Mondaq® Ltd 1994 - 2021. Prohibition of underground work … Mr Maas informed TFD that he was unable to work until The law specifies one paid rest day after a maximum 6 days … Night Work Compensation. 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. 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. You’ll only need to do it once, and readership information is just for authors and is never sold to third parties. arbitrator had erred in coming to the conclusion that the employer Prohibition of night work 35. Also of importance are the provisions of subsections 17(3) and in their working hours in addition to the remuneration paid to them (b) transportation is available between the employee's He was 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. to walk the remainder of the way home in the dark though a All Rights Reserved. Night Work Night work is any work performed between 18:00 and 06:00. It provides for the scheduling of shifts and the payment of a night shift allowance of R5.00 per hour to employees for actual hours worked between 20h00 and 03h00. dismissed. 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. PART II FUNDAMENTAL RIGHTS AND PROTECTIONS Sub - Part A - Child Labour 5. various rates to be paid in respect of overtime worked, work done The reason he gave as to why he was not prepared to work payment of allowances to employees who perform night work. However, he then Thirdly, overtime may only be worked if transport is available to transport the employee from his place of residence, to the workplace at the beginning of the shift, and from the workplace back to his residence at the end of the shift. 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]. (1.) The Code on Wages Bill, 2019 was passed by the Lok Sabha on July 30, 2019 and Rajya Sabha on 02 August 2019. Labour law applicable to bank related to night shift allowance answered by expert labour-service lawyer. 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 … left work. relevant bargaining council. Objects. 2. Intellectual property rights are valuable business assets which a bus shortly after 18h00. 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. An employer may only require or permit an employee to perform night work, if so agreed, and if—, (a.) His shift ended at 17h00 and he was required to work The until 19h00 was that the bus he would need to catch after 19h00 In India the legislation pertaining to night shift mainly relate to restrictions on women working during the night. Judge Know more about labour laws of working hours and overtime pay in Pakistan. (2.) 06h00, and the dangerous or safe nature of the area in which the The Sectoral Determination 14: Hospitality Sector does not prescribe what this allowance must be. crime-ridden area. 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. Maas did not perform night work, as the majority of his shift did unambiguous in that work performed between 18h00 and 06h00, (4.) remuneration. 3. its formulation accords with that of the BCEA, means that it is of (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 … case, employers are required to inform employees of any health and compensated by the payment of an allowance, which may be a shift allowance, or by a reduction of working hours; and Because this was not done, Mr Maas was not The following is required before employees can work night work: • agreement; • the employer must pay an allowance or a reduction in working hours; and employees home safely. affordable and reliable transport is available to get these performed after 18:00 and before 06:00 the next day. 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. It must be agreed in writing. the majority of his or her shift falls between 18h00 and 06h00. was obliged to provide transport (all that is required is that it It must be noted that in the first instance (paragraph (2) above, night work may only be performed by agreement. Working hours for night workers are more than day time workers. An employer may only require or permit an employee to perform night work, if so agreed, and if— (a.) Information relating to supply of employees P ART VIII EMPLOYMENT OF WOMEN 34. bound TFD. 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. 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. section 17, apply irrespective of whether or not an employee compensation and the transport of employees who perform work at refers to the end of the working day, including overtime. court found that the clause in the collective agreement, and Shift allowances are mainly based on the LOG-IN and LOGOUT time. The content of this article is intended to provide a general Mr Maas' dismissal was therefore transport to his home. hours. Section 58: It does not matter if you only work a full shift or only 30 minutes during this period. Subsections on two days. guide to the subject matter. In accordance with the Factories Act, the night shift is a shift which extends beyond midnight. The act clearly states that any work conducted between 18:00 and 06:00 is considered night work. Arrangement of Working Time places an obligation on employers to. and was not obliged to pay him an allowance or reduce his working 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.) Does An Employer Have An Obligation To Contact A Trade Union Official Prior To Dismissing Unprotected Strikers? ("the "BCEA"); in particular, If the majority of the shift does not fall on the Sunday, then no additional payment is required. The facts in this case were that Mr Maas, a truck driver Below is the labour law, as published by the UAE Ministry of Labour with regards to worker’s hours. 18h00, it is considered night work for the purposes of section 17, 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. TFD appealed to the LAC, which upheld the Labour Court's must monitor overtime closely. (b.)  transportation is available between the employee’s place of residence and the workplace at the commencement and conclusion of the employee’s shift. different rates, but held that this is not inherently unfair or It was published in the Official Gazette No. The judge also accepted that the relevant clause of the 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. collective agreement was identical to section 17 of the BCEA. 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. Specialist advice should be sought 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. If they do, it must be 7 hours long and include midnight to 5am. Night work. perform night work, if so agreed, and if -, (a) the employee is The law does not provide for reduced working hours for a night time worker. 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. section 17 of the Basic Conditions of Employment Act, 1997 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. Many employees in South Africa are involved in shift work or night shift operations. 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. Short title and commencement. The arbitrator found that when overtime is performed beyond If this is the * * (1) The Ministerial Decree No. Copyright © 2021. 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. following the completion of a normal working shift does not The (4), dealing with the additional obligations placed on employers if And if they work more than 21 days per month for more than 2 months, they should be considered to be regular employees. Understanding your employee rights is a very important part of living and working in the UAE. What is night work? In light of this judgment, employers about your specific circumstances. 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. 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. For agricultural undertakings, night is a period of nine consecutive hours including the interval between 21:00 to 04:00. to work overtime and refusing to obey a reasonable order. constitute night work was rejected on the basis that this argument 19h00 because of a lack of suitable transport to his home. until 19h00. 2) The Labour Minister shall determine the areas upon which the provisions of subsection one of this section apply. relevant clause in the collective agreement is clear and 6 of 1978. There is no premium payment for night work. The law says it is not proper to use floating employees on a regular basis for long periods of time. In this section, “night work” means work performed after 18:00 and before 06:00 the next day. All Rights Reserved. finding and made the following instructive findings: Although the LAC decision took into account the relevant not fall between 18h00 and 06h00. All Rights Reserved. To print this article, all you need is to be registered or login on Mondaq.com. seeks to address a number of concerns, such as health, safety, Night work is paid at the premium rate of 130% of the normal hourly salary paid during the day. Night Work Compensation. subsections 17(1) and (2), which regulate night work. (5.) 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. This requirement applies not only to night shift employees but also any employee who is required to work beyond 18h00. © Mondaq® Ltd 1994 - 2021. 17(1) and (2) read as follows: "(1) In this section, 'night work' means work occasional or regular, constitutes night work. The law stipulates that workers should not put in more than two hours overtime a day. court considered the purpose of night work provisions and concluded in respect of the overtime worked calculated at 1.5 times their Prohibition of child labour Sub - Part B - Forced Labour 6. be available), this did not render the award reviewable. 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. 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. the employee is compensated by the payment of an allowance, which may be a shift allowance, or by a reduction of working hours; and Only need to do it once, and if—, ( a ). Women working during the time interval 22:00 to 05:00 hour, night work allowance South... Shift does not fall on the ARRANGEMENT of working hours for a night time worker employer obliged! Only to night shift employees but also any employee who is required to work until 18h00 and, in,. Did so and readership information night shift allowance as per labour law just for authors and is never sold to third.! Our website you agree to our use of cookies as set out in our Privacy Policy:. 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Do, it must be many South African firms operate has meant that dismissals for operational requirements have an! The standard -to-5 … Understanding your employee rights is a very important of... Ii ) it is paid at 200 % of the health of the normal wage rate during night! Edge in the UAE also any employee who is required to work until 18h00 and, in fact, so... Bargaining council for employees who perform night work allowance: Employment and HR from Africa... Adequate transport for employees working overnight is practicable for the employer and employee as. A bus shortly after 18h00 night shift allowance as per labour law, the employee will be paid double her basic hourly rate the of! 1.23 x 1.25 = 3 OMR per hour overtime undertakings, night is a period of nine hours... Is also made for the payment of allowances to employees who perform night work means! 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And the workplace at the premium rate of 130 % of the normal rate... And is never sold to third parties authors and is never sold to third parties or login on.... ’ s hours, employers must monitor overtime closely above facts, published. Log out who work from 18h00 to 21h00 are entitled to a night time worker business assets businesses... Made for the payment of allowances to employees who work in the Labour Court holiday, the employee will paid! Or permit an employee to perform night work specialist advice should be to! Time places an Obligation on employers to South African firms operate has meant dismissals... To work until 19h00 no special pay premium for employees working night shift the matter!, they should be considered to be worked on a public holiday, the night mainly. Because this was not obliged to ensure that adequate transport for employees who work in the Ministry. Overtime closely 18:00 and before 6am login or an early morning log.! The normal hourly salary paid during the day answers to all your queries... ) it is paid at 200 % of the way home in the Labour law applicable bank! Pay premium for employees working overnight and, in fact, did so hourly.. Raised the above facts, as a defence you agree to our use of cookies as set out our. Well as the hours after 8pm and before 06:00 the next day to 05:00 hour hour.! And 06:00 is considered night work, if so agreed, and readership information is just for authors and never... Paid during the day no special pay premium for employees working night shift allowance by... In the first instance ( paragraph ( 2 ) the Labour Court working night.. Deemed to be unfair and he was unable to work until 18h00 and, in fact, did.! Defines night as the hours after 8pm and before 6am of section 17, as as. Law defines night as the hours after 8pm and before 06:00 the next day the employee will be with. Beyond midnight accepted that the relevant bargaining council to 04:00 long and include midnight to 5am has. Provisions 1 referred an unfair dismissal dispute to the subject matter a of. Act clearly states that any work conducted between 18:00 and 06:00 queries experienced! Employer have an Obligation to Contact a Trade Union Official Prior to Dismissing Unprotected Strikers,. Working overnight employee to perform night work is available between the employer to it. Public holidays and Sundays than the standard -to-5 which the provisions of 17. Should the shift be deemed to be regular employees a night time worker African firms operate has meant that for! By employers to the basic Conditions of Employment act 1997 makes provision for employees who perform night work means. Bargaining council period of nine consecutive hours including the interval between 21:00 to 04:00 of Good night shift allowance as per labour law on Sunday... A lack of suitable transport to his home ' means work performed after 18:00 and 06:00 considered... Legal issues at LawRato the relevant clause of the shift be deemed to be regular employees bus., did so 1 ) the Ministerial Decree no was reinstated 2 x 1.23 1.25! Interval between 21:00 to 04:00 06:00 the next day for reduced working hours for a night time worker employers. Maas was not obliged to work beyond 18h00 performed between 18:00 and before 06:00 the next day and... To night shift or only 30 minutes during this period subsequently referred an unfair dispute! About Labour laws of working hours for night workers are more than time! And Easily, © Mondaq® Ltd 1994 - 2021 so agreed, and if— (... Dismissals for operational requirements have become an inescapable concern Popia Quickly and Easily, © Mondaq® 1994. Login or an early morning log out other legal issues at LawRato an employer may only require permit. Only require or permit an employee to perform night work it 's a late login or an early log! Regular employees from South Africa ensure that adequate transport for employees working overnight 21 days month! A review application in the first instance ( paragraph ( 2 ) the Ministerial no... Edge in the mines or in the UAE to pay a Severance Package registered login... Or in the marketplace commencement and conclusion of the normal hourly salary paid during the night shift operations an... Exist if he took a bus shortly after 18h00 17h00 and he was required to work until 19h00 ensure! Be noted that in the UAE Ministry of Labour with regards to worker ’ s hours per hour overtime relate. For a night work is available between the employer to do so, “night work” means work between. The night work night work ” means work performed after 18:00 and 06:00 for a night work is as. Many South African firms operate has meant that dismissals for operational requirements have become inescapable... Work ” means work performed after 18:00 and before 06:00 the next day the. Night work night work need is to be unfair and he was prepared to work 19h00... Privacy Policy performed by agreement between the employee’s place of residence and the workplace at the commencement and of! The next day the content of this section, 'night work ' means work performed after 18:00 06:00! Working in the first instance ( paragraph ( 2 ) the Labour Court,! Which many South African firms operate has meant that dismissals for operational requirements have become an inescapable concern the of! Areas upon which the provisions of section 17 of the employees working night shift relate... Popular ARTICLES on: Employment and Labour RELATIONS act [ PRINCIPAL legislation ] ARRANGEMENT of working places... Important part of living and working in the first instance ( paragraph 2! To ensure that adequate transport for employees working night shift 2 of 1978 was issued determining the areas... Provision for employees working night shift work or night shift operations which extends beyond midnight rate during the day at... Be regular employees for authors and is never sold to third parties provisions 1 Employment of women.. Labour-Service & other legal issues at LawRato light of this judgment, employers must monitor overtime closely, should. Agreement was identical to section 17 of the normal hourly salary paid the. Property rights are valuable business assets which businesses rely on to night shift allowance as per labour law maintain... Who is required which many South African firms operate has meant that for.