Employers are not required to provide transportation to workers who work at night, but transportation must be available between the worker`s workplace and place of residence. However, this transport must be adapted. The ability of transportation depends on the facts of each case and includes the distance between the removal point and the employee`s workplace, as well as the risks associated with the area in which the employee is located. In cases where available transportation is not suitable, the employer cannot discipline a worker for subordination if that worker refuses to work such overtime. Finally, this applies not only to workers who work regularly at night or whose position falls mainly during the hours of 18:00 and 06:00, but also for any worker subject to the BCEA, the main agreement or a similar provision and who must work beyond 18:00. The employer is required to ensure that adequate transportation is available for workers who work at night. This requirement applies not only to night workers, but also to all employees who must work beyond 6:00 p.m. In the event that such transportation is not available beyond a certain period of time, the employer cannot insist on workers who work for such a period, unless appropriate arrangements are made. If there are no pre-existing representatives, you must choose the employee representatives to negotiate the employment contract with you. To answer these questions, the Tribunal considered the purpose of this provision. The court found that night work is regulated to avoid or minimize risks to a worker`s health, including the safety of workers while travelling home and work. In addition, the applicability of the specific provision extends beyond the transport of night work in the BCEA and main agreement beyond workers who regularly work at night and includes all workers who must work beyond 18:00.
Your work agreement must respect the rules set by the working time provisions. Those who are not legally valid – other than that, workers may choose not to regulate working time, with the exception of annual leave. However, employers and workers` representatives can, through an employment agreement, agree on objective reasons for fixed-term contracts, which will be extended beyond four years in order to remain fixed-term.