An employee shall be deemed to be working in the employ of an employer, in addition to any period during which he is actually so working, during—
| 3.1.1 |
any period during which, in accordance with the requirements of his employer, he is present at or in any establishment; |
| 3.1.2 |
any other period during which he is present at or in any such establishment; |
| 3.1.3 |
any period during which he is in charge of any vehicle used in the industry, whether or not it is being driven; |
| 3.1.4 |
the whole of any interval in his work if he is not free to leave the premises of his employer for the whole of such interval; or |
| 3.1.5 |
the whole of any interval in his work if the duration of such interval is not shown in the records required to be kept in terms of clause 19 of this Agreement. |
Provided that, if it is proved that any such employee was not working and was free to leave the premises during any part of any period referred to in sub-clauses 3.1.1 to 3.1.5, the presumption established by this clause shall not apply in respect of such employee with reference to that part of such period.
| 3.2. |
LETTER OF APPOINTMENT |
| 3.2.1 |
Every employer shall, in respect of every employee, upon commencement of employment prepare written particulars of employment by way of either an employment contract or a letter of appointment as prescribed in Section 29 of the Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997). |
| 3.2.2 |
Every employer shall, in respect of every employee who at the time of coming into operation of this Agreement, was not in possession of a letter of appointment, provide such employee with an abridged letter of appointment setting out the existing conditions of employment. |
| 3.3. |
CHANGE IN CONDITIONS OF EMPLOYMENT |
No employer shall, by reason of the introduction of this Agreement, cause or permit the remuneration of any employee who is in receipt of wages higher than those prescribed in this Agreement to be reduced, or dismiss any such employee and re-employ him at a reduced remuneration, or require or permit any employee to pay or repay him the whole or any part of any allowance payable in terms of this Agreement, nor shall he do any act or cause or permit any act to be done as a direct or indirect result of which any employee is deprived of the benefit or any part of the benefit of such allowance.
| 3.4. |
PROHIBITED EMPLOYMENT |
| 3.4.1 |
Notwithstanding anything to the contrary contained in this Agreement, no employer shall employ any person under the age of 21 years, other than a journeyman, an apprentice in terms of the Skills Development Act 97 of 1998 as amended, or a trainee employed in terms of the Skills Development Act 97 of 1998 as amended, on any operation which forms part of any trade designated for the Canvas Goods Industry in terms of the Skills Development Act 97 of 1998 as amended. |
| 3.4.2 |
No employer shall knowingly employ any person who is under 15 years of age. |
Notwithstanding anything to the contrary contained in this Agreement, none of the provisions of this Agreement, other than the following, shall apply to casual employees as defined:
| 3.5.1 |
The basis of contract of employment as a casual employee shall be hourly, and the employer shall pay such employee where the period of employment on any day— |
| 3.5.1.1 |
is of two hours duration or less, an amount equal to not less than two and two-third times the hourly wages; or |
| 3.5.1.2 |
is of longer duration than two hours but not more than nine hours, not less than the hourly wage for each hour or part of an hour worked; or |
| 3.5.1.3 |
is of longer duration than nine hours, overtime for such excess time on the basis of overtime prescribed in this Agreement. |
| 3.5.2 |
The employer shall pay the remuneration due to a casual employee on termination of his employment. |
| 3.5.3 |
For the purposes of this clause "hourly wage" shall mean the minimum weekly wage prescribed for the type of work on which the casual employee is employed, divided by 45. |
An employer and an employee may enter into a written fixed term contract; subject to the following conditions:
| 3.6.1 |
the parties shall clearly specify the duration of the contract; |
| 3.6.2 |
the contract shall specify the conditions under which it will be terminated and shall include provisions allowing for the early termination thereof by Agreement and/or whether it may be terminated owing to a fundamental breach thereof; |
| 3.6.3 |
unless the contract is time-based in accordance with sub-clause 3.6.1 above the contract may be terminated upon the completion of a clearly defined task or project, in which case in the onus shall rest upon the employer to prove that the task or project has been completed in every respect; |
| 3.6.4 |
during the entire term of the contract the employee shall be deemed to be an ordinary employee of the employer, and shall enjoy all social security and other benefits available to employees on indefinite period contracts in the employ of the same employer; |
| 3.6.5 |
the fact that an employee has entered into a fixed term contract shall not deprive him/her of any rights entrenched either in law or in accordance with the provisions of this Agreement, including the payment of remuneration which is not less than the minimum prescribed wages for the class of employee concerned; and |
| 3.6.6 |
all fixed terms contracts shall be in compliance with the provisions of Section 198B of the Act as amended. |
| 3.7. |
TEMPORARY EMPLOYMENT SERVICE |
| 3.7.1 |
For the purpose of this clause— |
| 3.7.1.1 |
"Temporary employment service" |
means a person who operates a temporary employment service (formerly known as "Labour Brokers ") and who for reward, procures or provides to his client other persons—
| (i) |
who render service to, or perform work for the client; and |
| (ii) |
who are remunerated by the temporary employment service. |
means an employer registered as such in the Canvas Goods Industry in terms of clause 4 of this agreement.
| 3.7.1.3 |
Temporary employment services shall be registered with the Council and CIPRO in order to operate within the Canvas Goods Industry. |
| 3.7.1.4 |
Temporary employment services shall comply with the Canvas Goods Industry Main Agreement. |
| 3.7.2 |
In accordance with section 198 of the Labour Relations Act 66 of 1995 as amended: |
| 3.7.2.1 |
A person whose services have been procured for or provided to a client by a temporary employment service shall be the employee of that temporary employment service and the temporary employment service shalt be that person's employer, and |
| 3.7.2.2 |
the temporary employment service and the client shall be jointly and severally liable if the temporary employment service in respect of any of its employees contravenes— |
| (i) |
a Collective Agreement, including any agreement concluded by a Bargaining Council that regulates terms and conditions of employment; |
| (ii) |
a binding arbitration award that regulates terms and conditions of employment; |
| (iii) |
the Basic Conditions of Employment Act; or |
| (iv) |
a determination made in terms of the Basic Conditions of Employment Act. |
| 3.7.2.3 |
An employer shall comply with all the provisions of this Agreement in respect of those persons rendering services at or in respect of his establishment through any arrangement or Agreement with a temporary employment service, as if those persons were employed by the employer. |
| 3.7.2.4 |
A person conducting business as a temporary employment service registered in terms of this clause shall be entitled to supply labour to an employer or establishment falling under or registered in terms of this Agreement. |
| 3.7.1.5 |
This Agreement shall not restrict the Parties rights to pursue the temporary employment services issue at any further NEDLAC processes. |
| 3.7.2.6 |
All temporary employment, service providers shall in addition comply with all the provisions of Section 198 A of the Act as amended. |
Statistics Act, 1999
