Copyright Act, 1978
R 385
Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesNational Bargaining Council of the Leather Industry of South Africa:Footwear SectionCollective Agreement3. Definitions |
All expressions used in this Agreement which are defined in the Labour Relations Act, 1995 (No 66 of 1995) shall have the same meaning as in that Act and unless the contrary intention appears, words importing the masculine shall include feminine. Unless inconsistent with the context:—
"Act"
means the Labour Relations Act, 1995
"adult"
means any employee aged 21 or over;
"Council"
means the National Bargaining Council of the Leather Industry of South Africa;
"Despatch Clerk"
means an employee who is responsible for receiving goods into or from a store or warehouse, or from department for despatch or delivery and who is responsible for the packing and/or assembling of such goods, the checking of packages and mass-measuring, marking or addressing thereof;
"District Committee"
means a committee established in accordance with the constitution of the Council for the administration of this Agreement in a particular area;
"Establishment"
means any place in which any operations in connection with the Industry are carried on;
"experience"
means the total period or periods of employment which an employee has had in the Industry in which he was employed, irrespective of the operations on which he had been employed.
"Footwear Section"
means that part of the Leather Industry in which employers and employees are associated for the manufacture and/or partial manufacture, and/or finishing of partially manufactured, and/or of components, and/or assembling of components of all types of footwear, excluding bespoke footwear.
"Formal Sector establishment"
means an establishment that is designated as such in terms of the Sector Classification Criteria attached hereto or is determined to be so by the Council.
"General worker"
means an employee employed to do general work including cleaning, carrying, loading or unloading of vehicles, making of any beverages, assisting on delivery vehicles, delivery of letters or messages.
"half-day"
means the usual morning period of work for an establishment;
"Hourly wage"
means the weekly wage divided by 42 in the case of an ordinary employee; in the case of a watchman, the weekly wage divided by 60; and in the case of an employee working on shift work at night, the weekly wage divided by 38;
"Industry"
means the Footwear Section of the Leather Industry;
"Informal Sector establishment"
means an establishment that is designated as such in terms of the Sector Classification Criteria attached hereto or is determined to be so by the Council.
"Learner"
means an employee who is employed to learn one or more operations in the Industry;
"Leather Industry"
means the industry in which employers and their employees are associated for one or more of the following:
| (1) | The manufacture and/or partially manufacture, and/or finishing of partially manufacture and/or of components, and/or assembling of components of— |
| (a) | footwear, excluding bespoke made footwear; |
| (b) | travel goods and requisites, including suitcases, trunks, travelling, folding, sling, shopping, knitting and school bags, satchels, rucksacks, attache, brief and vanity cases, and other similar containers; |
| (c) | harnesses, saddlery, bridles, saddle bags, girths, leggings, stirrup straps and other similar equipment, wallets, purses, tobacco pouches, cases and boxes for jewellery, musical instruments, binoculars, arms, footwear, bottles, cigarettes, cigars and pipes, dog collars and leads, watch straps, rug straps, belts, braces, suspenders, garters, armlets, (excluding belts, braces, suspenders, garters, armlets manufactured from cloth) and other similar articles designed as substitutes; |
| (d) | handbags and other bags, and containers designed to hold ladies' and gentlemens' personal effects; |
| (e) | footballs, punch balls, netball balls and boxing gloves; |
| (f) | hockey and cricket balls. |
(2)
| (a) | For the tanning, dressing and fellmongering of hides and skins; and |
| (b) |
| (i) | preparation of cured or uncured hides and/or skins for tanning; for this purpose "preparation of hides and/or skins for tanning" without detracting from its ordinary or technical meaning, includes any of the following: washing, soaking, fleshing, deburring, liming, unhairing, dewooling, removing scales, deliming, batting and pickling; and |
| (ii) | tanning of cured or uncured hides and/or skins; and/or |
| (iii) | retanning and/or dyeing and/or drying and/or softening and/or buffing and/or dressing and/or finishing and/or laminating of leather and/or the combing and/or shearing and/or ironing of hides and/or skins with the wool or hair on; and |
| (iv) | cutting of upholstery panels from leather, provided that, for the purposes of sub paragraphs (i) to (iii) "hides and skins", include the following: Pelts with or without the fur on; sheep skins with or without the wool on; game and goat skins with or without the hair on; all types of reptile skins, and bird skins, with or without the feathers attached: Provided that the activities listed under sub paragraphs (1)(b) and (c) shall not include— |
| (aa) | the manufacture of metal components and/or attachments; |
| (bb) | the manufacture of canvas bank bags, canvas kit bags, canvas ruck sacks, canvas haversacks, canvas sampling bags and canvas explosives bags; |
| (cc) | the manufacture of any article from rubber; |
| (dd) | the manufacture of any article or the practice of any trade or occupation covered by the "Printing Industry" which, without in any way limiting the generally accepted meaning of the term, means the industry or undertaking in which employers and employees are associated for the production of printed matter of any nature whatsoever; |
| (ee) | the manufacture of any article from metal or any kind of container (with or without metal parts) from fibre and/or cardboard (corrugated or otherwise) and/or paper or any compound of paper, and/or any like material, a constituent part of which is fibre and/or cardboard and/or paper and/or any constituent of paper and/or plastic, but excluding the manufacture wholly or mainly from fibres or plastic sheeting material of trunks, attache cases, bags and all similar containers designed to hold personal effects, musical instruments and sporting kit. |
The word "plastic" as contained in the paragraph directly above, means any of the group of material which consists of or contains as an essential ingredient, an organic substance of a large molecular mass, and which, while solid in the finished state, at some stage in its manufacture has been or can be forced, i.e. cast, calendered, extruded or moulded into various shapes by flow, usually through the application singularly or together of heat and pressure.
"Night hours"
means the hours between 18h00 and 06h00;
"Packer"
means an employee who is employed to pack shoe boxes into cartons, packages, bales or crates;
"Piece-work"
means work which is remunerated solely according to quantity or output of work done.
"Qualified employee"
means an employee who is entitled by experience to receive the full wage prescribed in this Agreement;
"Secretary of the Council"
means the General Secretary or anyone appointed to act in his place;
"Semi Formal Sector establishment"
means an establishment that is designated as such in terms of the Sector Classification Criteria attached hereto or is determined to be so by the Council.
"Storeman and/or warehouseman"
means an employee who is in general charge of stores and whose responsibilities and duties include receiving goods into store, storing and handling of such goods, delivery thereof to departments or for transit and/or (un)packing within the store;
"Supplementary wage"
means the additional amount which an employee may earn through a wage incentive scheme;
"Wage incentive scheme" or "supplementary wage scheme"
means a scheme in terms of which an employee can receive more than his basic wage through further remuneration according to the quantity or output of work done;
"Wage" or "basic wage" or "wages"
means the amount payable as prescribed in this Agreement in respect of ordinary hours of work, excluding overtime or incentives, but shall also include a premium where an employee has become entitled to receive a premium wage rate in terms of 8.1(13).
"Watchman"
means an employee employed to guard premises or other property.
