Code of Good Practice on the Arrangement of Working Time

Download a PDF booklet on the Code of Good Practice on the Arrangement of Working Time

Up for discussion:

■ Mediation’s role in facilitating compliance with the Code of Good Practice on the Arrangement of Working Time

■ Design and evaluation of shift systems, arrangement of shifts, design of shift rosters, performance of safety-critical tasks, health assessment and counselling, working environment and management services

■ Working time arrangement FAQ

Code of Good Practice on the Arrangement of Working Time

Areas for mediation in workplace disputes related to working time

The Code of Good Practice on the Arrangement of Working Time issued by the South African Department of Labour, outlines guidelines for structuring working time in a manner that considers employee health, safety, and family responsibilities. The Code emphasises the importance of communication, consultation, and collaboration between employers and employees in establishing and implementing working time arrangements. The Code’s focus on these elements inherently suggests numerous points where potential disputes could arise, and where mediation can be a valuable tool for reaching mutually acceptable solutions.

Here are some key areas identified from the Code where mediation could be effectively utilised:

• Design and evaluation of shift systems (Section 4):
  • Dispute potential: Disagreements may occur regarding preferred shift systems, the length of shifts, rotation frequency, and the impact of shift schedules on employee health, safety, and family life.
  • Mediation role: A mediator can help facilitate constructive dialogue between employers and employees (or their representatives) to explore various shift system options and reach a compromise that balances operational needs with employee well-being. The mediator can help parties consider factors like employee preferences, commute safety, childcare needs, and health and safety implications.
• Arrangement of shifts (Section 5):
  • Dispute potential: Conflicts may arise concerning overtime allocation, especially when it involves hazardous work or heavy physical/mental strain. Additionally, disputes may emerge regarding the scheduling of breaks, shift overlaps for information transfer, and the process for shift exchanges between employees.
  • Mediation role: Mediation can assist in finding fair and reasonable solutions for overtime distribution, considering factors like employee workload, health and safety risks, and employee consent. A mediator can also facilitate discussions on establishing clear guidelines for break scheduling, shift overlaps, and shift exchange procedures that are agreeable to both parties.
• Design of shift rosters (Section 6):
  • Dispute potential: Disagreements may arise concerning the frequency of night work, weekend work, and work on public holidays, as well as the direction and frequency of shift rotation. Disputes could also occur regarding the length of night shifts, particularly when exceeding the length of day shifts.
  • Mediation role: A mediator can help navigate these complex issues by facilitating a collaborative approach to roster design. This involves considering legal requirements, employee preferences, adaptation difficulties to night work, and fatigue mitigation strategies. A mediator can guide the parties to a roster structure that distributes less desirable shifts fairly while minimising negative impacts on employees.
• Performance of safety-critical tasks (Section 7):
  • Dispute potential: Conflicts may arise concerning the scheduling of safety-critical tasks, especially if employees feel fatigued or believe their alertness is compromised due to shift timings, potentially impacting public safety.
  • Mediation role: Mediation can facilitate discussions to establish protocols for scheduling safety-critical tasks that prioritise safety while considering employee fatigue levels and alertness. The mediator can guide parties to explore alternative scheduling options, task rotation strategies, and fatigue management measures to mitigate risks.
• Health assessment and counselling (Section 8):
  • Dispute potential: Disagreements may arise regarding the frequency and scope of medical examinations for employees engaged in regular night work, the responsibility for the cost of these examinations, and the interpretation of medical advice concerning an employee’s suitability for shift work.
  • Mediation role: A mediator can help to clarify legal obligations, facilitate open communication between the employer, employee, and medical professionals, and explore options for cost-sharing. The mediator can also help navigate sensitive issues related to employee health, privacy, and work adjustments based on medical recommendations, fostering a solution that respects employee well-being while addressing operational needs.
• Working environment (Section 9) and management services (Section 10):
  • Dispute potential: Disputes might emerge related to the adequacy of lighting, heating, security, transportation, eating facilities, rest rooms, and the availability of management services (like first aid, safety supervision, and administrative support) for employees working outside of ordinary hours.
  • Mediation role: A mediator can assist in objectively assessing the working environment and the availability of services, facilitating dialogue to address any deficiencies. Mediation can help create practical solutions that improve working conditions and service provision for employees working non-standard hours, ensuring compliance with the Code’s recommendations.

Mediation’s role in facilitating compliance with the Code of Good Practice on the Arrangement of Working Time

Mediation can play a significant role in achieving compliance with the South African “Code of Good Practice on the Arrangement of Working Time.” The Code emphasises a collaborative approach between employers and employees in structuring working time, aiming to balance operational needs with the health, safety, and family responsibilities of employees. This collaborative spirit aligns well with the principles of mediation, which focuses on facilitated dialogue and consensus-building.

Here’s how mediation can specifically assist in achieving compliance with the Code:

• Early identification and resolution of potential disputes: Mediation can be utilised proactively, even before a dispute escalates, to address concerns and identify potential issues related to working time arrangements. This preventative approach can help employers and employees establish clear expectations and agreements from the outset, minimising the likelihood of future conflicts.
• Facilitating open communication and understanding: Mediation provides a safe and structured environment for employers and employees to openly express their perspectives, needs, and concerns regarding working time arrangements. This facilitated dialogue helps to foster mutual understanding and identify common ground, paving the way for collaborative problem-solving.
• Exploring creative solutions and compromises: Mediation encourages parties to think beyond their initial positions and explore a wider range of options for resolving work-time related issues. A skilled mediator can help parties develop creative solutions that address the interests of both employers and employees, leading to agreements that are more likely to be sustainable and compliant with the Code.
• Ensuring employee participation and ownership: The Code emphasises the importance of employee participation in the design and evaluation of shift systems. Mediation processes naturally involve employees in decision-making, empowering them to contribute their perspectives and preferences. This participatory approach increases the likelihood that employees will understand and comply with the agreed-upon work-time arrangements.
• Addressing power imbalances: In some cases, power imbalances between employers and employees can hinder open communication and negotiation regarding working time. Mediation helps level the playing field by providing a neutral and impartial third party to facilitate the process. This ensures that all voices are heard and considered, promoting fairer and more equitable outcomes that align with the Code’s principles.

Working Time Arrangement FAQ

■ What is the purpose of the Code of Good Practice on the Arrangement of Working Time?

This code aims to provide employers and employees with information and guidelines on arranging working time. It focuses on the impact of working time on employees’ health, safety, and family responsibilities.

• How does the Code relate to health and safety laws?

The Code recognises the strong link between working time regulation and employee health and safety. It highlights employers’ duties under the Occupational Health and Safety Act and the Mine Health and Safety Act, such as conducting risk assessments, implementing hazard control measures, and providing employee training.

• What factors should employers consider when designing shift systems?

Employers must consider the impact of shift rosters on employees and their families. This involves gathering information on employee preferences for different shift systems, their views on advantages and disadvantages, potential effects on health and safety, transport availability and personal security during commutes, and childcare needs.

• What recommendations does the Code provide for arranging shifts?

The Code recommends avoiding excessive overtime, especially in hazardous or strenuous jobs. It suggests brief overlap periods between shifts for information transfer and encourages shift exchanges between employees with interchangeable skills, where possible. Additionally, the Code emphasises clear communication of shift schedules and reasonable notice for changes.

• What are the key considerations for designing shift rosters?

Rosters should minimise night work, weekend work, and work on public holidays. The frequency of shift rotation should consider employees’ adaptation to night work. Forward rotation (morning to afternoon to night) is preferred. Night shifts should not exceed the length of day shifts, and rest periods should ideally fall on weekends.

• How should employers manage safety-critical tasks during shift work?

Safety-critical tasks should be scheduled to avoid times when employees may experience fatigue or reduced alertness. This is particularly crucial in industries with a direct impact on public safety, like major hazard installations and transportation services.

• What provisions are there for health assessments of night workers?

Employers must arrange medical examinations for employees performing regular night work upon request. These examinations, conducted at the employer’s expense, should assess adaptation to night work routines, health problems, stress levels, and potential risks associated with night work.

• What should employers provide in terms of working environment and management services for shift workers?

Employers should ensure a safe and comfortable work environment, especially for night workers, with adequate lighting and heating. They must provide appropriate management services, including first aid, safety supervision, occupational health services, and emergency services, at all times. Additionally, they should ensure adequate security, transportation, eating facilities, and rest areas for employees working outside regular hours.

Download the code here:  https://www.labour.gov.za/DocumentCenter/Code%20of%20Good%20Practice/Basic%20Condition/Code%20of%20Good%20Practice%20on%20the%20Arrangement%20of%20Working%20Time.PDF

Compiled by Eugene Opperman (B.Proc. LLB.) (LSSA L.E.A.D., ADR Network, FAMAC, NABFAM), a legal practitioner and accredited mediator.