Night Shift Allowance/Medical examination query

[Mrrude]

Hello,

I work in a call centre night shift for around 1.6years now earning roughly R9000 a month.

Just want to ask some questions regarding regulations with night shift allowance and medical examinations:

We earn an extra R2.70 an hour for nightshift - is this legal as I have read it is supposed to be around 15% of income?

Also - I recently got a warning regarding the amount of sick days I have taken - however, while we do have a call in medical helpline, we have not ever had a medical examination - though according to the BCEA we are supposed to be evaluated regularly.

Any advice is appreciated.

[sterne.law@gmail.com]

Night shift allowance is not set at a specific percent, in terms of legislation.
Textile industries are normally 5%

In terms of medical examination - I am not sure we get that the BCEA says you must be examined regularly.
A company is entitled to take action where an employee is not at work on a number of occasions. It could be abuse or genuine ill health, either which way the company may act, just different processes.
They do not need a medical examination in order to take action.
They need only prove you were not at work often.
You could bring medic evidence to show ill health and not abuse.

[Dave A]

Also - I recently got a warning regarding the amount of sick days I have taken - however, while we do have a call in medical helpline, we have not ever had a medical examination - though according to the BCEA we are supposed to be evaluated regularly.

Perhaps you are thinking of the Occupational Health & Safety Act - in which case the requirement for regular medical examinations isn't a compulsory requirement in all situations as it is determined primarily by the hazards of the workplace environment.

[Leonp]

The night shift allowance is not unreasonable in terms of industry standard. Was this rate stipulated in your contract or did it change since you started there? The question I have is why you are not rotated on a predefined roster allowing you to work days as well.

Regarding the sick leave, if they see a habit or pattern they may discipline you if they have a decent case with evidence. I once worked with a guy who would regularly call in sick. One day after such an off day he showed us pictures of him at some bmw driving academy having a jol. I noted that the date corresponds to his sick day. That is clearly abuse and im not sure where he works these days.

They clearly mistrust your sick leave habits so be proactive and go explain it else they will believe you have something to hide.

Sent from my Z30 using Tapatalk