I received a question from one of my E-mail subscribers recently about his night shift allowance. I answered his question directly via e-mail, however, it did get me thinking that maybe I should put together a quick post on the subject of these allowances. Especially because if you are employed in the hospitality or security industries there is a very good chance that you have worked or will work night shifts at some point.
The Basic Conditions of Employment Act (BCEA) in South Africa makes it very clear what rights and protections employees who work a night shift in South Africa have. This includes compensation and the health and safety standards a company needs to follow. So, if you have come here wondering how to calculate a night shift allowance, understand the rates of a night shift allowance, or ensure that your employer is following the law, here is everything you need to know. Remember these are basic employee rights!
Index
- Night Shift Allowances under the BCEA
- When Do You Qualify for a Night Shift Allowance?
- Compensation
- Night Shift Allowance Calculation
- Night Shift Transportation
- Health and Wellbeing Considerations
- Conclusion
- Video Summary
- Frequently Asked Questions (FAQ)
What does the BCEA say about night shift allowances?
Section 17 of the Basic Conditions of Employment Act deals with night work.
- The act first states that an employer may only require or permit an employee to work a night shift by agreement. Generally speaking, this should be mentioned in your employment contract or documented in some other written form. It is not a requirement, only a recommendation. Verbal agreements are just as valid; however, these agreements may end in disputes.
- Employees who work at night between 18h00 and 06h00 must be compensated for night shift work. The act allows for varied forms of compensation, and as long as both parties agree to the form of compensation, it is valid.
- Transportation must be available between the employee’s residence and workplace at the start and end of the>shift. This does not mean that the employer needs to provide the transportation, but they must ensure that some form of transportation is available.
- Health and safety for employees working night shifts must be taken seriously by the employer. It states the following: Employees who work regularly after 23:00 and before 06:00 the next day must be informed
(a) of any health and safety hazards; and
(b) the right to undergo a medical examination.
Here is what you need to know.
When is a Night Shift Allowance Applicable?
Section 17 of the BCEA is the section that deals with night shift work. And in this section a night shift is defined as any work done between 18:00 and 06:00. It is important to note that night shift work needs to be agreed to, so, an employer can only require an employee to work during these hours if both have agreed to it. Ideally, this agreement should be in writing, such as in an employment contract. Verbal agreements are legally valid, but a written agreement can help prevent arguments over what was actually agreed to. It is always better to get things in writing.
Also, any employees who often work after 23:00, are entitled to regular health assessments under the BCEA. This is because there are potential health risks that are associated with night work. All employers must inform their staff working a night shift of any health and safety risks that they may potentially encounter, and they must make sure that the employees have access to medical exams when needed.
Compensation: Night Shift Allowance Rate in South Africa
The night shift allowance rate in South Africa is flexible, and the BCEA allows employers and employees to negotiate their own rate. That being said there are some guidelines that are generally fairly standard. The act also allows for different forms of compensation, this basically means that payment for a night shift does not need to be monetary.
The act allows for compensation to be made in either of the following forms:
A night shift allowance: This is typically an additional payment added to the employee’s base salary. The exact percentage needs to be agreed upon by the employer and employee, but anything from 5% – 20% is fairly common depending on the industry.
Reduced working hours: In this scenario, workers are paid for full shifts but may work fewer hours during the shift.
So How do You Calculate a Night Shift Allowance
While there is no easy standard night shift allowance calculator for South Africa, the calculation basically depends on the agreement between the employer and employee. If you are unsure how your night shift allowance was calculated it is probably a good idea to check your employment contract or consult with your HR manager to confirm how your allowance is determined.
For those looking to calculate their allowance independently:
A simple formula to follow is to multiply the night shift percentage (e.g., 10%) by your basic hourly rate. You can then add this amount to your basic hourly rate and multiply by the number of hours of night work you worked.
Formula:
Hourly rate x night shift percentage = allowance
Hourly rate + allowance = total earned per hour on night shift
So, if you agree to a 10% night shift allowance, and your hourly rate is R30 /hour. How much would you earn for 4 hours of night shift work?
R30 x 10% = R3 (This is the night shift allowance)
R30 + R3 = R33 (This is the amount you earn per hour on night shift)
R33 x 4 hours = R132 for 4 hours of work
(If you find this confusing please leave a comment for me below and I will try to assist you)
Transportation and Safety Considerations
Employers must also make sure that transportation is available for staff working a night shift at the beginning and end of the shift. They are do not need to provide the transport directly, but they have an obligation to make sure that a safe option exists for the staff. This transport can be public transport, a staff carpool, or any other arrangement. If no transport options are available then the company will need to provide transportation for the staff.
Health and Well-being Implications
Night shifts can have a direct impact on health. This can lead to sleep disruption, extreme fatigue, and other long-term effects. The BCEA demands that all employers offer regular medical assessments for regular night shift workers to monitor these risks. Employees should not feel afraid to communicate openly with their employers about their work conditions and health and safety needs.
Know Your Rights as a Night Shift Worker
If you are working night shifts in South Africa, it is good to know your night shift rights under the BCEA. Especially when it comes to issues like compensation, health, and transportation. In an ideal world employers and employees will work together to make sure that night work arrangements are fair for both parties. Of course, this is not always the case and many companies to take advantage of their staff. If you feel that this is happening to you (Which might be exactly the reason you are reading this article now) then make sure that you consult with an expert and make sure that your rights are respected.
If you would like a video format summary of this blog please check out this video.
Frequently Asked Questions (FAQ)
(1) What is considered night work in South Africa?
According to the BCEA in South Africa, night shift work is any work an employee does between 18:00 and 06:00.
(2) Must my employer pay me extra for working a night shift?
Yes! Under Section 17 of the BCEA, employers must compensate employees for night shift work. This can either be an additional night shift allowance or reduce the employee’s working hours.
(3) How much must I be paid for night shift work?
There is no legally mandated percentage an employer must compensate an employee for night shift work. This leaves room for the employer and employee to negotiate and agree on a suitable night shift allowance. Generally, a 10% allowance on the regular wage is accepted as standard practice, but it can range from 5% – 20%.
(4) Are there other health and safety considerations for night shift workers?
Yes, employers must offer regular health assessments to employees working night shifts, especially if they work between midnight and 4:00 a.m. This is essential to ensure that the work does not negatively affect their health. Employees can refuse these assessments, but employers are obligated to make them available due to potential health risks associated with night work.
(5) Can I refuse to work night shifts?
You need to consent to work a night shift. This means that you can not be forced into night shifts without an agreement. Plus, if you are regularly working night shifts, your employer must ensure that transportation arrangements are made if public transport is unavailable at the time of your night shift beginning or ending.
Thanks for checking out this blog. Please let me know if you have any questions in the comments below.
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LEGAL CONTENT DISCLAIMER
The information contained on this website is simply aimed at providing readers with guidance on labour law in South Africa. This information has not been provided to meet the individual requirements of a specific individual. Bizcraft will always suggest that legal advice be obtained to address a person’s unique circumstances. It is important to remember that the law is constantly changing and although Bizcraft strives to keep the information up to date and of high quality, it cannot be guaranteed that the information will be updated and/or be without errors or omissions. As a result, Bizcraft will under no circumstances accept liability or be held liable, for any innocent or negligent actions or omissions which may result in any harm or liability flowing from the use of or the inability to use the information provided.
February 12, 2024
Hi
can an employer refuse to pay shift allowance when an employee is on seek leave
January 8, 2025
Yes, a night shift allowance would only be earned if the shift is worked. If yo do not work the shift because you are on sick leave then there is not reason for the employer to pay a night shift allowance.
October 24, 2022
Thank you for the above, very informative information!
With regards to night work on SD13 for farm workers:
(1) “night work” means work performed after 20:00 and before 04:00 the next day.
(2) An employer may only require or permit an employee to perform night work, if so agreed, and if-
(a) the employer pays the farm worker an allowance of at least 10% of the farm worker’s ordinary daily wage; and
(b) transportation is available between the farm worker’s place of residence and the workplace at the commencement and conclusion of the farm worker’s shift.
So my question would be, does the employer pay 10% of the daily wage as allowance – once off calculated (for the inconvenience of working night hours) OR does the employer pay 10% of the daily wage per hour worked during night hours?
January 8, 2025
Thank you for the question. This is a common question. The night shift allowance is only payed for the “night shift” hours worked. If a portion of your hours worked were during the day shift yo wold not get a night shift allowance for those hours
September 29, 2022
Good morning
I am a medical doctor in Limpopo ,and i have a nihgt shift contract of 40hrsxa week, but they do discount me 1hr per night shift 16h30 to 07h30= 14hr), but they do incresse the number of day per week to complete my 40hrs.
It that correct?
January 8, 2025
I am not sure I completely understand your question. You can email me on info@bizcraft.co.za and I will try to help you
March 16, 2022
What steps to take if I haven’t been paid night shifts allowence, it’s been a year now working without allowence when I ask my manager he usually says the company doesn’t have night shifts allowence but I’m working 19:00 – 07:00 every day, how can a company operates 24/7 without allowence and it’s not even states on my contract that There is no night shifts allowence.
April 13, 2022
Hi Grace, I do not believe that the company can refuse to pay a night shift allowance. It is an employee right listed in the Basic Conditions of employment act. I suggest that you get a copy of the BCEA (Although your company should have a copy displayed for employees) and present it to your manager and ask for an explanation as to why your company believes that it is above the basic conditions of employment act. I do not know the exact circumstances of your company and maybe your manager will be able to give you a satisfactory answer. If not you may need to approach the department of labour for assistance.
February 28, 2022
[…] the problem over non-payment arises when a staff member believes they are entitled to overtime or night shift payment, but the employer sees it […]
November 25, 2021
Employees on site get 15% night shift allowance after the 3 consecutive shifts. If they work overtime (night shift) on the weekend, what percentage of overtime do they qualify for?
November 4, 2021
Hi,
We work three rotating shifts, repectively from 06h00am-14h00pm, 14h00pm-22h00pm, 22h00pm-06h00am.
Employer is not paying us night shift allowance from 18h00pm-22h00pm but only paying from 22h00 pm-06h00am. Can we claim retrospective payment and compliance from now onwards from the employer?
Hope to hear from you soon.
Kind Regards,
Mphela
July 3, 2021
A shift worker who works in a 24 / 7 hour operation receives a shift allowance of x %. Is that same shift worker also entitled to receive a night shift allowance over and above the shift allowance when his shift falls between 18h00 amd 06h00 ?
July 6, 2021
Hi Chris, I am not sure I understand your question. Is the shift worker working a 24-hour shift or just a normal shift? It does not really matter if the business operates 24 / 7. If they need staff between 18/6 they should have a night shift allowance in place.
July 1, 2021
what happens if i realize after few years working for a company and works night shift and realise that the company has been robbing me when paying nightshift allowance.I realised after the employ a new payroll admin that what she pays is far differs from what they payed before example before they use to pay R790 FOR A WEEK BUT SHE PAYS R3981 FOR WEEK
September 11, 2020
Can an employer refuse to pay you night shift allowance if you earn more than R18000,00per month. They say I am above the threshold.
September 17, 2020
Hi Cebisa, thank you for your question. Yes, this is correct, the current earnings threshold in South Africa is R205 433.30 /pa. If you are earning R18 000 /pm then you would be just over this threshold and would not be legally able to demand anything in respect of Sections 9, 10, 11, 12, 14, 15, 16, 17(2), and 18(3) of the BCEA. (Section 17(2) deals with Nightwork allowances)
June 8, 2020
Can an employer refuse to pay you night shift allowance if you earn more than R18000,00per month.
August 5, 2020
Are casual workers entitled to shift allowance
September 17, 2020
Hi Malu, to the very best of my understanding I see no reason why a casual worker would not be entitled to night shift pay.
May 21, 2020
can an employer reduce your shift allowance as well as your hours of work, if your normal ours is 42 hours.
May 25, 2020
Hi Sam, it would depend on the circumstances unfortunately.
May 24, 2022
Hi, how many hours time off is the employeee supposed to get after working 12 hours nightshift? and is it possible for employer to refuse to pay public holiday for nightshift or ask you to put in leave because they are paying x2 for public holiday and u get time off?
June 14, 2022
I’m working nightshift 18h00 to 06h00,we get 10% nightshift allowance.my problem is those who earning R30 per hour it means get R3 per hour nightshift allowance. According to BCA nightshift allowance in south Africa start with R5.I try to understand if the company is right to pay us less than R5 per hour.
July 7, 2022
Hi Karabo, thanks for the message. I’m not sure which R5 you are referring to. To the very best of my knowledge, the BCEA states that if an Employer requires an Employee to work the night shift (6-6) the employer must either pay a night shift allowance or reduce the working hours of the employee. The act does not specify how much the night shift allowance should be, and my interpretation is that it is up to the Employer and Employee to come to an agreement in this regard. I hope this helps, but if you have some more info about this R5 please send it though and we can have a look at it together…
May 8, 2020
Good day. I would like to know what is the percentage of the salary if the employee works night shift.
February 13, 2020
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i will share it!