to work overtime and refusing to obey a reasonable order. must monitor overtime closely. improper. affordable and reliable transport is available to get these There is no premium payment for night work. Employers who request employees 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. employees regularly work between 23h00 and 06h00. "LAC") considered the interpretation of resulted in TFD charging him with breaching his contract by failing (1.) However, this problem would not exist if he took Below is the labour law, as published by the UAE Ministry of Labour with regards to worker’s hours. collective agreement was identical to section 17 of the BCEA. The The law defines night as the hours after 8pm and before 6am. The judge also accepted that the relevant clause of the Night Work Compensation. Furthermore, these employees are entitled to normal rate of work. in respect of the overtime worked calculated at 1.5 times their (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 … marketplace. (2.) (2) An employer may only require or permit an employee to Because this was not done, Mr Maas was not (4), dealing with the additional obligations placed on employers if geographical location, whether it is light or dark at 18h00 or The law stipulates that workers should not put in more than two hours overtime a day. health and safety risks. Subsections 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. 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. Mr Maas' dismissal was therefore If the majority of the shift does not fall on the Sunday, then no additional payment is required. 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. 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. Night Work Night work is any work performed between 18:00 and 06:00. Shift allowances are mainly based on the LOG-IN and LOGOUT time. 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.) 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. 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. The economic climate in which many South African firms operate has meant that dismissals for operational requirements have become an inescapable concern. Short title and commencement. What is night work? regulated in a collective agreement of a bargaining council that You'd probably have high allowances if it's a late login or an early morning log out. they do not work beyond 18h00, alternatively; should they require The Liability of principals and contractors for wages 33 A. SECTION 17 of the Basic Conditions of Employment Act 1997 makes provision for employees working night shift. on two days. 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. It must be noted that in the first instance (paragraph (2) above, night work may only be performed by agreement. 2 of 1978 was issued determining the remote areas and places referred to in the Labour Law. Maas did not perform night work, as the majority of his shift did 2. perform night work, if so agreed, and if -, (a) the employee is prepared to work until 18h00 and, in fact, did so. Know more about labour laws of working hours and overtime pay in Pakistan. place of residence and the work-place at the commencement and Application. POPULAR ARTICLES ON: Employment and HR from South Africa. bound TFD. and therefore TFD ought to have provided Mr Maas with suitable case, employers are required to inform employees of any health and 4. The law says it is not proper to use floating employees on a regular basis for long periods of time. The content of this article is intended to provide a general If the night work is performed as overtime, it is paid at 200% of the normal wage rate during the day. The Sectoral Determination 14: Hospitality Sector does not prescribe what this allowance must be. Prohibition of night work 35. The following is required before employees can work night work: • agreement; • the employer must pay an allowance or a reduction in working hours; and (b.) crime-ridden area. 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.) In India the legislation pertaining to night shift mainly relate to restrictions on women working during the night. All Rights Reserved. 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. 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