Labour Relations Act, 1995 (Act No. 66 of 1995) Notices Bargaining Council for the Restaurant, Catering and Allied Trades Extension to Non-parties of the Main Collective Agreement 4. Definitions

 

Unless the context otherwise indicates, any expression which is used in this agreement and which is defined in the Act shall have the same meaning as in the Act and for the purpose of this Agreement an employee shall be deemed to be In that class in which he is wholly or mainly engaged: furthermore unless inconsistent with the context—

 

"Adoptive order"

means an adoption order as envisaged in the Children's Act, 2005 (Act No 38 of 2005);

 

"Adoptive parent"

has the meaning assigned to it in section 1of the Children's Act, 2005(Act No 38 of 2005);

 

"Agent"

means any person employed by the Council and appointed in terms of its Constitution and who collects contributions on behalf of the Council or a third party and who may be delegated to investigate a complaint or carry out any other tasks which may be allocated to such person;

 

"agreement"

means this Agreement and "Collective Agreement" has a corresponding meaning;

 

"act"

means the Labour Relations Act, 1995 (Act No 66 of 1995);

 

"actual wage"

means the wage rate per hour which an employer actually pays an employee in respect of the ordinary hours of work and "Wage" and "Prescribed Wage" have a corresponding meaning;

 

"assistant bartender"

means an employee who, under the supervision of a bartender, does the work of a bartender, but who is not responsible for stock in a bar;

 

"assistant clerk/cashier"

means an employee who, under the supervision of a clerk/cashier, does the work of a clerk/cashier, and has less than one year's experience;

 

"assistant manager"

means an employee who is specifically charged by his employer to assist the manager in his duties in an establishment and who may act for such manager in the employ of the firm in his absence;

 

"baker"

means an employee who prepares makes and bakes wheaten products;

 

"bartender"

means an employee who is engaged in supplying liquor to customers over a counter and receiving payment therefore, who is responsible for the balancing of the stock and cash receipts;

 

"Basic Conditions of Employment Act"

means the Basic Conditions of Employment Act, 1997 (Act 75 of 1997) as amended;

 

"bread"

without limiting the ordinary meaning of the term, includes buns, rolls, fancy bread or any other similar wheaten, rye or maize products;

 

"cafe"

without limiting the ordinary meaning of the term, means a business licensed or required to be licensed, under item 20 "cafe keeper" of the Transvaal Licence Ordinance, 1974 (Ordinance No 19 of 1974);

 

"Cashier"

see "clerk"

 

"casual employee"

means an employee, other than a special function casual employee, who is employed by the same employer on not more than three days in any week: Provided that such casual employee may be employed on not more than four days in any week in which a paid public holiday falls, and may also be employed during any one or more of the following periods:

 

"catering"

means the provisions of meals and/or refreshments whether alcoholic or not;

 

"catering assistant"

means an employee who:—

 

"chef"

means an employee in a managerial position who is in position of a chefs certificate recognised by the Council and is in charge of the preparation of the food in an establishment;

 

"chef de partie"

means an employee who under the supervision of a management and or sous chef is responsible to perform the duties of a sous chef allocated to him/her;

 

"child"

means a person who is under 18 years of age;

 

"clerk/cashier"

means an employee engaged in any one or more of the following duties:

 

"commissioning parent"

has the meaning assigned to it in section 1 of the Children's Act, 2005 (Act No 38 of 2005);

 

"commission worker"

means a person who agrees in writing with the owner/manager of an establishment to perform the duties of a waiter on which commission will be paid at the end of each shift/week/month. Provided that the commission worker shall not work more than 36 (thirty six) hours in any week;

 

"commission work"

means work where an employer and employee have agreed in writing before the work commences that the employee will on a regular basis perform work on which a commission will be paid;

 

"cook"

means an employee who is engaged in preparing, cooking and the presentation of food in an establishment and who may be responsible for kitchen organisation and control of stock, and includes a baker;

 

"Council"

means the Bargaining Council for the Restaurant, Catering and Allied Trades, deemed to be registered in terms of the Act;

 

"counter assistant"

means an employee who serves customers at a counter and who may receive payment for the goods sold, but excludes a bartender and assistant bartender;

 

"day"

means a period of 24 consecutive hours calculated from the time an employee commences work;

 

"delivery employee"

means an employee or worker, who is engaged in collecting or delivering messages, letters, documents, prepared food, frozen food, take aways or goods by means of a two or three wheeled, motorised vehicle with an engine capacity not exceeding 200 cm' and who may collect cash or credit card payments for C.O.D. sales;

 

"designated agent"

means any person appointed by the Minister in terms of Section 33 of the Act:

 

"dispute"

includes an alleged dispute:

 

"driver"

means an employee who is engaged in driving a motor vehicle, and for the purpose of this definition the expression "driving a motor vehicle" includes all periods of driving, any time spent on work connected with the vehicle or the load and all periods during which he is obliged to remain at his post in readiness to drive;

 

"emergency work"

means—

 

"employee"

means any person who, excluding an independent contractor or person and contract waiter, works for another person and who receives, or is entitled to receive, any remuneration and any other person who in any matter assists in carrying or conducting the business of an employer; and further includes an employee who is employed by a labour broker or temporary employment service in the Sector, as defined;

 

"employer"

means any person whomsoever who employs or provides work for any person or who permits such person whomsoever in any manner to assist him in the carrying on or conducting of a business in the Sector, as defined, and who remunerates or expressly or tacitly undertakes to remunerate such person; and "employ" or "employment" have corresponding meanings.

 

"establishment"

means any place in or in connection with which one or more persons are employed in the Tearoom, Restaurant and Catering Trade, and includes clubs and/or canteens operated for gain and workplace has a corresponding meaning;

 

"exemptions committee"

means a committee established to consider applications for exemption from the provisions of this Agreement;

 

"extra-heavy motor vehicle"

means a motor vehicle, the gross vehicle mass or the gross combination mass of which exceeds 16 000kg;

 

"fixed-term contract"

means a contract in writing which stipulates the period of the employment contract and termination date and does not raise future expectations of continued or further employment;

 

"food supervisor"

means an employee who under the direction of the employer, manager or assistant manager supervises the work of the employees preparing food;

 

"functions supervisor"

means an employee who is personally in charge of and responsible for all the activities at a particular special function;

 

"general assistant"

means an employee engagedin any one or more of the following duties:

 

"griller''

see catering assistant;

 

"gross vehicle mass"

in relation to a motor vehicle, means the maximum mass of such vehicle and its load as specified by the manufacturer or,in the absence of such specification, as determined by the registering authority;

 

"head cook"

means an employee who does the work of a cook and is in charge of a kitchen where three or more cooks are employed;

 

"head waiter/head wine steward"

see receptionist;

 

"heavy motor vehicle"

means a motor vehicle, the gross vehicle mass or gross combination mass of which exceeds 9 000kg but does not exceed 16 000kg;

 

"independent exemptions board"

means a body as referred to in Section 32(3)(e) of the Act;

 

"kitchen supervisor"

means an employee who is charged by his employer with the overall supervision over, responsibility for and direction of the activities carried on, in or in connection with the kitchen of an establishment and the employees engaged therein, excluding the head cook and chef, and who may perform the duties of a cook;

 

"law''

includes the common law;

 

"light motor vehicle"

means a motor vehicle, the gross vehicle mass or gross combination mass of which does not exceed 3 500kg;

 

"manager"

means an employee who is charged by his employer with the overall supervision over, responsibility for and direction of the activities carried on, in or in connection with that section of the establishment that has been placed under his authority, and who is directly responsible to the employer, and further includes the provision of attendance registers to all employees and the daily completion thereof as well as of the wage register when so instructed by his employer. Provided that where fewer than six employees are employed, this employee shall be deemed to be a supervisor;

 

"management trainee"

means an employee who for a period of 18 months is employed in various departments of an establishment for the purpose of training as a manager;

 

"meals"

without limiting the ordinary meaning of the terms includes pies, pastries, pizzas, vetkoek, confectionery, snacks, take away meals or any edibles or drinkables fit for human consumption on the premises or away from the premises;

 

"medical practitioner"

means a person entitled to practise as a medical practitioner in terms of section 17 of the Medical, Dental and Supplementary Health Service Professions Act, 1974 (Act No. 56 of 1974), as amended, from time to time;

 

"medium motor vehicle"

means a motor vehicle, the gross vehicle mass or the gross combination mass of which exceeds 3 500kg but does not exceed 9 000kg;

 

"midwife"

means a person registered or enrolled to practise as a midwife in terms of section 16 of the Nursing Act ,1978 ( Act No. 50 of 1978), as amended, from time to time;

 

"minister"

means the Minister of Employment and Labour;

 

"motor vehicle"

means any self-propelled vehicle with an engine capacity exceeding 200cm3 used for conveying goods and includes a mechanical horse, a motor cycle or a motor tricycle and a tractor;

 

"month"

means the period extending from a day in any month up to and including the proceeding day corresponding numerically to the first-mentioned day in the following month, e.g.7 April to 6 May;

 

"new employer"

means the owner of a business newly established in the trade, during the first 12 months of its existence in the trade, who at no time employs more than five employees in the aggregate: Provided that if the existing business undergoes a change of name or ownership (including a change of directors, members or partners) while largely retaining the same employees and/or clients, it shall not be regarded as a new employer;

 

"night work"

means work performed after 18:00 and before 06:00 the next day;

 

"overtime"

means the time that an employee works during a day or a week in excess of ordinary hours of work;

 

"part-time driver"

means an employee who is ordinarily engaged in work other than driving a motor vehicle, but who on more than two days in any week is engaged in driving a motor vehicle for not more than three hours in the aggregate on any such day, and for the purpose of this definition the expression "driving a motor vehicle" includes all periods of driving and any time spent while in charge of the vehicle, on work connected with the vehicle or the load;

 

"part-time employee"

means an employee (other than a part-time driver or contract worker) employed by the establishment for not more than 24 ordinary hours of work In any week;·

 

"premises"

includes any land, structure, vehicle or vessel;

 

"paid holiday"

means a paid public holiday as defined in the Public Holidays Act, 1994;

 

"receptionist/head waiter/head wine steward"

means an employee who is engaged in making reservations in respect of tables, allocating seats and showing customers to their seats and is specifically charged by the employer or manager with supervisory responsibility over general assistants;

 

"registered scope"

see sector;

 

"refreshments"

without limiting the ordinary meaning of the term shall include all edibles and drinkables fit for human consumption.

 

"remuneration"

means any payment in money or in kind, or both in money and in kind, made or owing to any person in return for that person working for any other person, and "Remunerate" has a corresponding meaning;

 

"sandwich"

means one or more slices of fresh or toasted bread,rolls, scones or buns with filling on or between such slice or slices, but excludes snacks or savouries;

 

"secretary"

means the Secretary of the Council and includes any official nominated or delegated by the Council to act on behalf of or perform the duties of the Secretary;

 

"security guard"

means an employee who is engaged in any one of the following duties:

 

"sector"

as defined in Annexure "A" attached to this agreement.

 

"serve"

means to send by registered post, telegram, telex, telefax or deliver by hand;

 

"small employer"

means an employer who does not employ more than ten (10) employees at any time;

 

"sous chef"

means an employee who is responsible for planning and directing food preparation in the kitchen, train new chefs, cooks, create the work schedule, make sure all food is of the best quality, making sure that all kitchen equipment, appliances and cooking instruments are at all times in working order, making sure that all kitchen staff abide by the employer's rules and regulations and kitchen duties, stock control, product supply rotation, menu tasting and to ensure safety precautions and sanitary provisions are taken as well as to ensure a safe and clean working environment;

 

"special function"

means any event or occasion, including a dance, dinner, reception, sports gathering or agricultural, animal, horticultural or industrial show where meals and/or refreshments are provided;

 

"special function casual employee"

means an employee who is employed by the day or the hour to work at a special function for not more than three days in any week: Provided that such special function casual employee may be employed on not more than four days in any week in which a public holiday falls, and may also be so employed during any one or more of the following periods:

 

"staff supervisor"

means an employee who supervises at a special function under the direction of the employer, function supervisor or manager;

 

"supervisor"

means an employee who under the direction of the employer, manager or assistant manager supervises the work of the employees in an establishment;

 

"trade  union  representative"

means a trade union representative who is entitled to exercise the rights contemplated in section 14 of the Labour Relations Act, 1995;

 

"waiter/wine steward"

means an employee other than a contract waiter, bartender, clerk/cashier or counter assistant, who performs any one or more of the following duties:

 

"wage"

means the amount of money payable to an employee in terms of clause 5 in respect of his ordinary hours of work as prescribed in clause 9: Provided that if any employer regularly pays an employee in respect of such hours of work an amount higher than prescribed in clause 5, it means such higher amount;

 

"watchman/security guard"

means an employee who is engaged, mostly at night, in any one or more of the following duties:

 

"week"

in relation to an employee, means the period of seven days within which the working week of that employee falls.

 

"worker"

means:

 

"workplace"

means the place or places where the employees of an employer work. If an employer carries on or conducts two or more operations that are independent of one another by reason of their size, function or organisation, the place or places where employees work in connection with each independent operation, constitutes the workplace for that operation;