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Labour Q&A with Terry Bell
Fin24 user Mohlolod seeks clarity on who should provide transport for overnight work. He writes:
Can you explain in detail 2.1 on Basic Conditions on Employment whereby it says the employer must provide for transport in case of people who work overnight(18:00 and 06:00). Is it a 50/50 situation or the employer's responsibility?
Terry Bell responds:
There is no question of 50/50 payment for transport in the Basic Conditions of Employment Act (BCEA). Night work is defined as being between 18:00 and 06:00. But this would constitute a 12-hour shift when the BCEA allows for only three hours of overtime.
There is usually transport available at 06:00, but many restaurant workers, for example, only finish work at 23:00 or later when there is no public transport available. Where there is no public transport available, it is the responsibility of the employer to provide transport.
It is also necessary for the employer to ensure that "the employee is compensated by the payment of an allowance...or by a reduction of working hours" for labouring on night shift.
Hope that helps.
*Have a question for Terry? Drop us a line.
- Fin24
* Terry Bell is an independent political, economic and labour analyst. Views expressed are his own. Follow him on twitter @telbelsa.
Disclaimer: All articles and letters published on Fin24 have been independently written by members of the Fin24 community. The views of users published on Fin24 are therefore their own and do not necessarily represent those of Fin24.
Fin24 user Mohlolod seeks clarity on who should provide transport for overnight work. He writes:
Can you explain in detail 2.1 on Basic Conditions on Employment whereby it says the employer must provide for transport in case of people who work overnight(18:00 and 06:00). Is it a 50/50 situation or the employer's responsibility?
Terry Bell responds:
There is no question of 50/50 payment for transport in the Basic Conditions of Employment Act (BCEA). Night work is defined as being between 18:00 and 06:00. But this would constitute a 12-hour shift when the BCEA allows for only three hours of overtime.
There is usually transport available at 06:00, but many restaurant workers, for example, only finish work at 23:00 or later when there is no public transport available. Where there is no public transport available, it is the responsibility of the employer to provide transport.
It is also necessary for the employer to ensure that "the employee is compensated by the payment of an allowance...or by a reduction of working hours" for labouring on night shift.
Hope that helps.
*Have a question for Terry? Drop us a line.
- Fin24
* Terry Bell is an independent political, economic and labour analyst. Views expressed are his own. Follow him on twitter @telbelsa.
Disclaimer: All articles and letters published on Fin24 have been independently written by members of the Fin24 community. The views of users published on Fin24 are therefore their own and do not necessarily represent those of Fin24.
