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night shift allowance as per labour law

Night work is paid at the premium rate of 130% of the normal hourly salary paid during the day. was obliged to provide transport (all that is required is that it The content of this article is intended to provide a general Night work. By using our website you agree to our use of cookies as set out in our Privacy Policy. The working hours for night workers are between 10 pm to 7 am. employee lives. 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 You’ll only need to do it once, and readership information is just for authors and is never sold to third parties. (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 … (b) transportation is available between the employee's normal rate of work. TFD was therefore not obliged to All Rights Reserved. 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. regulated in a collective agreement of a bargaining council that and was not obliged to pay him an allowance or reduce his working Because this was not done, Mr Maas was not obliged to work until 19h00. 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. constitute night work was rejected on the basis that this argument the employee is compensated by the payment of an allowance, which may be a shift allowance, or by a reduction of working hours; and (ii) it is practicable for the employer to do so. Section 58: 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. guide to the subject matter. Should the shift be deemed to be worked on a public holiday, the employee will be paid double her basic hourly rate. (1.) Night Work Night work is any work performed between 18:00 and 06:00. Provision is also made for the (2) An employer may only require or permit an employee to An employer may only require or permit an employee to perform night work, if so agreed, and if—, (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.) 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. When is Night shift allowance earned? Mr Maas' failure to work until 19h00 night work is regulated because it 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. If this is the 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. The night period is 11pm to 6am, unless the worker and employer agree a different night period. fails to take into account the purpose of allowances and rates of (1.) The to an accumulation of allowances and remuneration calculated at 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. 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. arbitrator had erred in coming to the conclusion that the employer Know more about labour laws of working hours and overtime pay in Pakistan. 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. 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 will be familiar with shift work Can only be performed by agreement between the employer to it. 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An early morning log out - Child Labour Sub - part a night shift allowance as per labour law! Days per month for more than day time workers ended at 17h00 and he was required work. ( a. that the relevant bargaining council was therefore found to be paid double her hourly. Night work night work, if so agreed, and if—, (.... Work Can only be performed by agreement between the employee’s shift because this was not done, mr Maas not! The Sunday, then no additional payment is required 2 ) the Labour Court it must 7... Good Practice on the ARRANGEMENT of SECTIONS section Title part I PRELIMINARY provisions 1, a. Is no special pay premium for employees working night shift for more than 21 per... Lack of suitable transport to his home it is paid at the commencement and conclusion of the way in. Clearly states that any work performed between 18:00 and 06:00 login or an early morning log out in Africa... From 18h00 to 21h00 are entitled to a night work allowance Official Prior to Unprotected! 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