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- working during night hours presents unique challenges and requires careful regulation to protect employees’ health, safety, and wellbeing.
- Sectoral Determination 13 (SD13), which was gazetted under the Basic Conditions of Employment Act, 1997 (Act 75 of 1997) (BCEA), as amended, provides clear guidelines regarding the conditions for night work
- Night work cannot be imposed unilaterally on an employee.
- SD13 mandates additional compensation for work performed between 20:00 and 04:00.
- If a farm worker develops a health condition linked to night work, the employer must, where reasonably practicable, transfer the worker to suitable day work within a reasonable time.
Night work is common in industries such as manufacturing, hospitality, healthcare, security, and logistics. Night work may also be required from time to time in the agricultural sector, especially during peak seasons such as planting and harvesting.
However, working during night hours presents unique challenges and requires careful regulation to protect employees’ health, safety, and wellbeing. Sectoral Determination 13 (SD13), which was gazetted under the Basic Conditions of Employment Act, 1997 (Act 75 of 1997) (BCEA), as amended, provides clear guidelines regarding the conditions for night work in the agricultural sector.
Night work is defined as work performed between 20:00 and 04:00 the following day. Employers in the South African agricultural sector should pay particular attention to the following:
1. Employee consent
Night work cannot be imposed unilaterally on an employee. Section 17(2) of SD13 stipulates that night work may only be performed with the employee’s consent.
2. Compensation for night work
SD13 mandates additional compensation for work performed between 20:00 and 04:00. Workers engaged in night work are entitled to a night shift allowance of at least 10% of their ordinary daily wage.
A notable difference between SD13 (agricultural sector) and the BCEA is that SD13 requires this allowance to be paid, whereas the BCEA allows for paid time off as an alternative to paying the allowance.
3. Transportation
In addition to consent and payment of a night shift allowance, SD13 states that transportation must be available between the farm worker’s place of residence and the workplace at the commencement and conclusion of the worker’s shift.
4. Health and safety considerations
Night work has been linked to increased fatigue, higher accident risks, and long-term health problems. Employers are therefore encouraged to consult with health and safety experts and implement proactive measures, including:
- Adequate rest breaks during shifts.
- Rotating shifts to avoid permanent night work assignments where possible.
- Providing training on fatigue management and safety awareness.
5. Employees required to work regular night shifts
Farm workers who regularly perform night work (at least five times per month or 50 times per year) are entitled to additional protections. Employers have a legal duty to inform these employees – either in writing, or orally if the worker cannot understand written communication – in a language the employee understands, of the following:
- Health and safety hazards associated with the work the employee is required to perform.
- The employee’s rights to undergo a medical examination related to those hazards, at the employer’s expense.
Employees required to perform night work regularly may choose to undergo a medical examination at no cost, either before commencing such work, within a reasonable period after starting, and at regular intervals thereafter while continuing night work.
If a farm worker develops a health condition linked to night work, the employer must, where reasonably practicable, transfer the worker to suitable day work within a reasonable time. In such cases, it is advisable to seek professional medical and legal advice to ensure both the employer and employee are protected.
The provisions outlined in SD13 regarding night work strike a balance between operational requirements and employee well-being. By adhering to these guidelines, employers in the agricultural sector can reduce liability risks while fostering a safer, healthier, and more productive workplace. – James Pretorius, legal advisor, LWO Employers Organisation
The LWO Employers Organisation assists employers to comply with labour law, and to use it to their advantage to protect their business. As a registered employers’ organisation with the Department of Employment and Labour, the LWO has the right to represent members at the Commission for Conciliation, Mediation and Arbitration (CCMA). Take note that this article is not legal advice – consult one of our legal advisors about any specific legal problem or matter. For more information, send an email to James Pretorius at james@lwo.co.za or info@lwo.co.za, or visit www.lwo.co.za
