The Basic Conditions of Employment Act, No 75 of 1997(BCEA) in Section 17(1) elucidates ‘night shift’ as work that is carried out after 6:00 PM and before 06:00 AM the following day.
Section 17(2)(b) of the BCEA prescribes that employees, who are remunerated lower than the BCEA threshold(currently R254 371,61 per year), may only be required to perform night shifts given the condition that transportation is available between the employee’s residential address and workplace at the beginning and conclusion of the employee’s shift.
Therefore the employer is obligated to ensure that there is availability/suitability (not the provision thereof) of transportation between after 6:00 PM and before 06:00 AM.
It is therefore significant for the employer to ensure the following is in place before requiring employees to perform night work:
- Transportation is available between the employee’s place of residence and the workplace at the commencement and conclusion of the employee’s shift; and
- The transportation is suitable.
Therefore if transportation is unavailable and/or unsuitable, as per s17(2)(b) of the BCEA, you are not legally obligated to report to work.
Manzankosi Corporate Legal Consultancy is equipped to assist you in ensuring that your employer ensures that there is availability and suitability of transport before they expect you to report to work for a night shift. Contact us via email at info@manzankosiclc.co.za or contact us on 067 147 2323 or 081 712 1114.
