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Table of Contents
Labour Relations Act, 1995 (Act No. 66 of 1995)
Notice No. 1877 of 1995
Act
Chapter I : Purpose, Application and Interpretation
1. Purpose of this Act
2. Exclusion from application of this Act
3. Interpretation of this Act
Chapter II : Freedom of Association and General Protections
4. Employees' right to freedom of association
5. Protection of employees and persons seeking employment
6. Employers' right to freedom of association
7. Protection of employers' rights
8. Rights of trade unions and employers' organisations
9. Procedure for disputes
10. Burden of proof
Chapter III : Collective Bargaining
Part A : Organisational Rights
11. Trade union representativeness
12. Trade union access to workplace
13. Deduction of trade union subscriptions or levies
14. Trade union representatives
15. Leave for trade union activities
16. Disclosure of information
17. Restricted rights in domestic sector
18. Right to establish thresholds of representativeness
19. Certain organisational rights for trade union party to council
20. Organisational rights in collective agreements
21. Exercise of rights conferred by this Part
22. Disputes about organisational rights
Part B : Collective Agreements
23. Legal effect of collective agreement
24. Disputes about collective agreements
25. Agency shop agreements
26. Closed shop agreements
Part C : Bargaining Councils
27. Establishment of bargaining councils
28. Powers and functions of bargaining council
29. Registration of bargaining councils
30. Constitution of bargaining council
31. Binding nature of collective agreement concluded in bargaining council
32. Extension of collective agreement concluded in bargaining council
32A. Renewal and extension of funding agreements
33. Appointment and powers of designated agents of bargaining councils
33A Enforcement of collective agreements by bargaining council
34. Amalgamation of bargaining councils
Part D : Bargaining Councils in the Public Service
35. Bargaining councils in public service
36. Public Service Co-ordinating Bargaining Council
37. Bargaining councils in sectors in public service
38. Disputes between bargaining councils in public service
Part E : Statutory Councils
39. Application to establish statutory council
40. Establishment and registration of statutory council
41. Establishment and registration of statutory council in absence of agreement
42. Certificate of registration of statutory council
43. Powers and functions of statutory councils
44. Ministerial determinations
45. Disputes about determinations
46. Withdrawal of party from statutory council
47. Appointment of new representative of statutory council
48. Change of status of statutory council
Part F : General Provisions concerning Councils
49. Representativeness of council
50. Effect of registration of council
51. Dispute resolution functions of council
52. Accreditation of council or appointment of accredited agency
53. Accounting records and audits
54. Duty to keep records and provide information to registrar
55. Delegation of functions to committee of council
56. Admission of parties to council
57. Changing constitution or name of council
58. Variation of registered scope of council
59. Winding-up of council
60. Winding-up of council by reason of insolvency
61. Cancellation of registration of council
62. Disputes about demarcation between sectors and areas
63. Disputes about Parts A and C to F
Chapter IV : Strikes and Lock-outs
64. Right to strike and recourse to lock-out
65. Limitations on right to strike or recourse to lock-out
66. Secondary strikes
67. Strike or lock-out in compliance with this Act
68. Strike or lock-out not in compliance with this Act
69. Picketing
70. Essential services committee
70A. Composition of essential services committee
70B. Powers and functions of essential services committee
70C. Appointment of panels
70D. Powers and functions of panel
70E. Jurisdiction and administration of essential services committee
70F. Regulations for essential services committee
71. Designating a service as an essential service
72. Minimum services
73. Disputes about minimum services and about whether a service is an essential service
74. Disputes in essential services
75. Maintenance services
76. Replacement labour
77. Protest action to promote or defend socio-economic interests of workers
Chapter V : Workplace Forums
78. Definitions in this Chapter
79. General functions of workplace forum
80. Establishment of workplace forum
81. Trade union based workplace forum
82. Requirements for constitution of workplace forum
83. Meetings of workplace forum
84. Specific matters for consultation
85. Consultation
86. Joint decision-making
87. Review at request of newly established workplace forum
88. Matters affecting more than one workplace forum in an employer's operation
89. Disclosure of information
90. Inspection and copies of documents
91. Breach of confidentiality
92. Full-time members of workplace forum
93. Dissolution of workplace forum
94. Disputes about workplace forums
Chapter VI : Trade Unions and Employers' Organisations
Part A : Registration and Regulation of Trade Unions and Employers' Organisations
95. Requirements for registration of trade unions or employers' organisations
96. Registration of trade unions or employers' organisations
97. Effect of registration of trade union or employers' organisation
98. Accounting records and audits
99. Duty to keep records
100. Duty to provide information to registrar
101. Changing constitution or name of registered trade unions or employers' organisations
102. Amalgamation of trade unions or employers' organisations
103. Winding-up of trade unions or employers' organisations
103A. Appointment of administrator
104. Winding-up of trade unions or employers' organisations by reason of insolvency
105. Declaration that trade union is no longer independent
106. Cancellation of registration of trade unions or employers' organisations
Part B : Regulation of Federations of Trade Unions and Employers' Organisations
107. Regulation of federations of trade unions or employers' organisations
Part C : Registrar of Labour Relations
108. Appointment of registrar of labour relations
109. Functions of registrar
110. Access to information
Part D : Appeals from Registrar's decision
111. Appeals from registrar's decision
Chapter VII : Dispute Resolution
Part A : Commission for Conciliation, Mediation and Arbitration
112. Establishment of Commission for Conciliation, Mediation and Arbitration
113. Independence of Commission
114. Area of jurisdiction and offices of Commission
115. Functions of Commission
116. Governing body of Commission
117. Commissioners of Commission
118. Director of Commission
119. Acting director of Commission
120. Staff of Commission
121. Establishment of committees of Commission
122. Finances of Commission
123. Circumstances in which Commission may charge fees
124. Contracting by Commission, and Commission working in association with any person
125. Delegation of governing body's powers, functions and duties
126. Limitation of liability and limitation on disclosure of information
Part B : Accreditation of and Subsidy to Councils and Private Agencies
127. Accreditation of councils and private agencies
128. General provisions relating to accreditation
129. Amendment of accreditation
130. Withdrawal of accreditation
131. Application to renew accreditation
132. Subsidy to council or private agency
Part C : Resolution of disputes under auspices of Commission
133. Resolution of disputes under auspices of Commission
134. Disputes about matters of mutual interest
135. Resolution of disputes through conciliation
136. Appointment of commissioner to resolve dispute through arbitration
137. Appointment of senior commissioner to resolve dispute through arbitration
138. General provisions for arbitration proceedings
139. Special provisions for arbitrating disputes in essential services
140. Special provisions for arbitrations about dismissals for reasons related to conduct or capacity
141. Resolution of disputes if parties consent to arbitration under auspices of Commission
142. Powers of commissioner when attempting to resolve disputes
142A. Making settlement agreement arbitration award
143. Effect of arbitration awards
144. Variation and rescission of arbitration awards and rulings
145. Review of arbitration awards
146. Exclusion of Arbitration Act
147. Performance of dispute resolution functions by Commission in exceptional circumstances
148. Commission may provide advice
149. Commission may provide assistance
150. Commission may appoint commissioner to conciliate in public interest
150A. Advisory arbitration panel in public interest
150B. Composition of advisory arbitration panel
150C. Advisory arbitration award
150D. Effect of advisory arbitration award
Part D : Labour Court
151. Establishment and status of Labour Court
152. Composition of Labour Court
153. Appointment of judges of Labour Court
154. Tenure, remuneration and terms and conditions of appointment of Labour Court judges
155. Officers of Labour Court
156. Area of jurisdiction and seat of Labour Court
157. Jurisdiction of Labour Court
158. Powers of Labour Court
159. Rules Board for Labour Courts and rules for Labour Court
160. Proceedings of Labour Court to be carried on in open court
161. Representation before Labour Court
162. Costs
163. Service and enforcement of orders of Labour Court
164. Seal of Labour Court
165. Variation and rescission of orders of Labour Court
166. Appeals against judgment or order of Labour Court
Part E : Labour Court
167. Establishment and status of Labour Appeal Court
168. Composition of Labour Appeal Court
169. Appointment of other judges of Labour Appeal Court
170. Tenure, remuneration and terms and conditions of appointment of Labour Appeal Court judges
171. Officers of Labour Appeal Court
172. Area of jurisdiction and seat of Labour Appeal Court
173. Jurisdiction of Labour Appeal Court
174. Powers of Labour Appeal Court on hearing of appeals
175. Labour Appeal Court may sit as court of first instance
176. Rules for Labour Appeal Court
177. Proceedings of Labour Appeal Court to be carried on in open court
178. Representation before Labour Appeal Court
179. Costs
180. Service and enforcement of orders
181. Seal of Labour Appeal Court
182. Judgments of Labour Appeal Court binding on Labour Court
183. Labour Appeal Court final court of appeal
Part F : General Provisions applicable to Courts established by this Act
184. General provisions applicable to courts established by this Act
Chapter VIII : Unfair Dismissal and Unfair Labour Practice
185. Right not to be unfairly dismissed or subjected to unfair labour practice
186. Meaning of dismissal and unfair labour practice
187. Automatically unfair dismissals
188. Other unfair dismissals
188A. Inquiry by arbitrator
189. Dismissals based on operational requirements
189A. Dismissals based on operational requirements by employers with more than 50 employees
190. Date of dismissal
191. Disputes about unfair dismissals and unfair labour practices
192. Onus in dismissal disputes
193. Remedies for unfair dismissal and unfair labour practice
194. Limits on compensation
195. Compensation is in addition to any other amount
196. Severance pay
197. Transfer of contract of employment
197A. Transfer of contract of employment in circumstances of insolvency
197B. Disclosure of information concerning insolvency
Chapter IX : Regulation of Non-Standard Employment and General Provisions
198. Temporary Employment Services
198A. Application of section 198 to employees earning below earnings threshold
198B. Fixed term contracts with employees earning below earnings threshold
198C. Part-time employment of employees earning below earnings threshold
198D. General provisions applicable to sections 198A to 198C
199. Contracts of employment may not disregard or waive collective agreements or arbitration awards
200. Representation of employees or employers
200A. Presumption as to who is employee
200B. Liability for employer's obligations
201. Confidentiality
202. Service of documents
203. Codes of good practice
204. Collective agreement, arbitration award or wage determination to be kept by employer
205. Records to be kept by employer
206. Effect of certain defects and irregularities
207. Ministers empowered to add and change to Schedules
208. Regulations
208A. Delegations
209. This Act binds the State
210. Application of Act when in conflict with other laws
211. Amendment of laws
212. Repeal of laws, and transitional arrangements
213. Definitions
214. Short title and commencement
Schedules
Schedule 1 : Establishment of Bargaining Councils for Public Service
1. Definitions for this Schedule
2. Establishment of Public Service Co-ordinating Bargaining Council
3. Establishment of bargaining councils in sectors
Schedule 2 : Guidelines for Constitution of Workplace Forum
1. Introduction
2. Number of seats in workplace forums
3. Distribution of seats to reflect occupational structure
4. Elections
5. Terms of office
6. Meetings of workplace forum
7. Time off for members of workplace forum
8. Facilities to be provided to workplace forum
9. Experts
10. Establishment of co-ordinating and subsidiary workplace forums
Schedule 3 : Commission for Conciliation, Mediation and Arbitration
1. Remuneration and allowances of members of governing body
2. Resignation and removal from office of member of governing body
3. Vacancies in governing body
4. Proceedings of governing body
5. Director of Commission
6. Bank account
7. Investment of surplus money
8. Accounting and auditing
9. Annual report
Schedule 4 : Dispute Resolution: Flow Diagrams
1. Freedom of Association
2. Organisational Rights
3. Collective Agreements
4. Collective Agreements (Agency Shop and Closed Shop Agreements)
5. Councils
6. Strikes and Lock-outs (Not in compliance with the Act)
7. Picketing
8. Essential Services (Dispute of interest in essential service)
9. Workplace Forum -1 (Joint Decision Making)
10. Unfair Dismissal - 1 (Automatically unfair reasons)
11. Unfair Dismissal - 2 (Strikes and reasons related to closed shops)
12. Unfair Dismissal - 3 (Misconduct / incapacity)
13. Unfair Dismissal - 4 (Operational Requirements)
14. Unfair Labour Practice
Schedule 5 : Amendment of Laws
1. Amendment of section 1 of Basic Conditions of Employment Act
2. Amendment of section 35 of Occupational Health and Safety Act, 1993
3. Amendment of Section 2 of Pension Funds Act, 1956
4. Amendment of Section 2 of Medical Schemes Act, 1967
5. Amendment of Section 1 of Insurance Act, 1943
6. Amendment of Section 2 of Friendly Societies Act, 1956
7. Amendment of Section 3 of Friendly Societies Act, 1956
Schedule 6 : Laws repealed by Section 212
Schedule 7 : Transitional Arrangements
Part A : Definitions for this Schedule
1. Definitions
Part B : Unfair Labour Practices
2. [Deleted] Residual unfair labour practices
3. [Deleted] Disputes about unfair labour practices
4. [Deleted] Powers of Labour Court and Commission
Part C : Provisions concerning existing Trade Unions, Employers' Organisations, Industrial Councils and Conciliation Boards
5. Existing registered trade unions and employers' organizations
6. Pending applications by trade unions or employers' organisations for registration, variation of scope, alteration of constitution or name
7. Industrial councils
8. Pending applications by industrial councils for registration and variation of scope
8A. Pending enquiries by industrial registrar
9. Pending applications by industrial councils for alteration of constitution or name
10. Pending applications for admission of parties to industrial councils
11. Pending applications to wind up and cancel registration of trade unions, employers' organisations and industrial councils
12. Existing agreements and awards of industrial councils and conciliation boards
12A. Designated Agents
13. Existing agreements including recognition agreements
Part D : Matters concerning Public Service
14. Public Service Bargaining Council
15. Collective agreements in the public service
16. Education Labour Relations Council
17. Education sector collective agreements
18. Negotiating Forums in South African Police Service
19. Collective agreement in South African Police Service
20. Consequences for public service bargaining institutions when Public Service Co-ordinating Bargaining Council is established
Part E : Disputes and Courts
21. Disputes arising before commencement of this Act
21A. Dispute Resolution by Councils before their Accreditation
22. Courts
22A. Minister may authorise Commission to perform industrial court's functions
Part F : Pension Matters
23. Continuation of existing Pension rights of staff members of Commission upon assuming employment
Part G : Essential Services
24. Essential services in the public sector
25. Essential services provided for in the Labour Relations Act
Part H : Transitional Provisions arising out of the Application of the Labour Relations Amendment Act, 2002
26. Definitions
27. Representation in conciliation and arbitration
28. Order for costs in arbitration
29. Arbitration in terms of section 33A
30. Unfair Labour Practice
31. Bargaining councils in public service
32. Expedited applications in terms of section 189A(13)
Schedule 8 : Code of Good Practice: Dismissal
1. Introduction
2. Fair reasons for dismissal
3. Disciplinary measures short of dismissal
4. Fair procedure
5. Disciplinary records
6. Dismissals and industrial action
7. Guidelines in cases of dismissal for misconduct
8. Probation
9. Guidelines in cases of dismissal for poor work performance
10. Incapacity: Ill health or injury
11. Guidelines in cases of dismissal arising from ill health or injury
Schedule 9 : Model Constitution for a Statutory Council
1. Name
2. Registered scope
3. Powers and functions
4. Parties
5. Appointment of representatives
6. Council meetings
7. Executive committee
8. Other committees
9. Chairperson and deputy chairperson
10. Officials and employees
11. Panels of conciliators and arbitrators
12. Disputes referred to council for conciliation
13. Disputes referred to council for arbitration
14. Procedure for negotiation of collective agreements
15. Finances
16. Winding-up
17. Changing constitution
18. Necessary first steps
19. Definitions
Annexure
Schedule 10 : Powers of Designated Agent of Bargaining Council
Regulations
Labour Relations Regulations in terms of section 208
Notice No. R. 1016 of 2014
A. Index of Labour Relations Regulations
1. Definitions
2. Services
3. Subpoenas
4. Witness fees
5. Access to documents
6. Fees for documents
7. Form of requests and applications
8. Form of certificates or particulars
9. Form of notices, demands and appeals
10. Forms of records, reports, statements, lists and registers
11. Form of proposals, resolutions and referrals
12. Labour Court
13. Chief Director: Provincial Operations, Department of Labour
14. Regional Offices of the CCMA
14A. Repeal and savings
15. Short title and commencement
B. Index of Forms Annexed to Regulations
1. Organised according to sequence of the Act
Chapter 1 - Purpose, Application and Interpretation
Chapter 2 - Freedom of Association and General Protections
Chapter 3 - Collective Bargaining
Chapter 4 - Strikes and Lock-outs
Chapter 5 - Workplace Forums
Chapter 6 - Trade Unions and Employers' Organisations
Chapter 7 - Dispute Resolution
Chapter 8 - Unfair Dismissal
Chapter 9 - General Provisions
2. Organised according to activities and Organisations
Arbitration
Bargaining Council
CCMA
Collective Agreements
Conciliation
Conscientious objectors
Employers
Employers' Organisations
Essential Service
Maintenance Service
NEDLAC
Picketing
Public Service
Statutory Council
Strike
Subsidy
Trade Unions
Workplace Forum
Forms
Chapter 1 : Purpose, Application and Interpretation
Chapter 2 : Freedom of Association and General Protections
Chapter 3 : Collective Bargaining
LRA Form 3.1 - Conscientious objector requests agency fee to be paid to Department
LRA Form 3.2 - List of deductions from conscientious objectors' wages
LRA Form 3.3 - Application for registration of a Bargaining Council
LRA Form 3.3 (Page 1)
LRA Form 3.3 (page 2)
LRA Form 3.3 (Page 3)
LRA Form 3.3 (Page 4)
LRA Form 3.3 (Page 5)
LRA Form 3.3 (Page 6)
LRA Form 3.4 - Certificate of registration of Bargaining Council
LRA Form 3.5 - Bargaining Council requests requests extension of collective agreement to non-parties
LRA Form 3.5 (Page 1)
LRA Form 3.5 (Page 2)
LRA Form 3.5 (Page 3)
LRA Form 3.5 (Page 4)
LRA Form 3.5 (Page 5)
LRA Form 3.5A - Statutory Council requests extension of collective agreement to non-parties
LRA Form 3.5A (Page 1)
LRA Form 3.5A (Page 2)
LRA Form 3.5A (Page 3)
LRA Form 3.5A (Page 4)
LRA Form 3.5A (Page 5)
LRA Form 3.5A (Page 6)
LRA Form 3.6 - Council requests to extend period of, or renew, collective agreement extended to non-parties
LRA Form 3.6 (Page 1)
LRA Form 3.6 (Page 2)
LRA Form 3.6 (Page 3)
LRA Form 3.6 (Page 4)
LRA Form 3.6 (Page 5)
LRA Form 3.6A - Council request to renew and extend a Funding Collective Agreement
LRA Form 3.7 - Council requests cancellation of notice extending collective agreement to non-parties
LRA Form 3.8 - Council requests appointment of designated agent
LRA Form 3.9 - Certificate of appointment as designated agent of a Council
LRA Form 3.10 - Subpoena by designated agent
LRA Form 3.10A - Subpoena by Council Arbitrator
LRA Form 3.11 - Amalgamating Bargaining Council applies for registration
LRA Form 3.11 (Page 1)
LRA Form 3.11 (Page 2)
LRA Form 3.11 (Page 3)
LRA Form 3.11 (Page 4)
LRA Form 3.11 (Page 5)
LRA Form 3.12 - Referring Public Service jurisdictional disputes for conciliation
LRA Form 3.12 (Page 1)
LRA Form 3.12 (Page 2)
LRA Form 3.13 - Referring Public Service jurisdictional disputes for arbitration
LRA Form 3.13 (Page 1)
LRA Form 3.13 (Page 2)
LRA Form 3.14 - Trade Union applies for establishment of a Statutory Council
LRA Form 3.14 (Page 1)
LRA Form 3.14 (Page 2)
LRA Form 3.14 (Page 3)
LRA Form 3.15 - Employers' Organisation applies for establishment of a Statutory Council
LRA Form 3.15 (Page 1)
LRA Form 3.15 (Page 2)
LRA Form 3.15 (Page 3)
LRA Form 3.16 - Certificate of registration of a Statutory Council
LRA Form 3.17 - Submission of collective agreement of Statutory Council to Minister for promulgation as a determination
LRA Form 3.18 - Statutory Council requests Minister to amend or extend period of determination
LRA Form 3.19 - Statutory Council applies to register as a Bargaining Council
LRA Form 3.19 (Page 1)
LRA Form 3.19 (Page 2)
LRA Form 3.19 (Page 3)
LRA Form 3.19 (Page 4)
LRA Form 3.20 - Council submits particulars of representativeness of its registered scope
LRA Form 3.20 (Page 1)
LRA Form 3.20 (Page 2)
LRA Form 3.20 (Page 3)
LRA Form 3.20 (Page 4)
LRA Form 3.20A - Council submits particulars of representativeness of parties to a collective agreement
LRA Form 3.20A (Page 1)
LRA Form 3.20A (Page 2)
LRA Form 3.20A (Page 3)
LRA Form 3.20A (Page 4)
LRA Form 3.20B - Council submits particulars of Small Enterprises
LRA Form 3.20B (Page 1)
LRA Form 3.20B (Page 2)
LRA Form 3.20C - Council submits particulars of exemptions and enforcement
LRA Form 3.20C (Page 1)
LRA Form 3.20C (Page 2)
LRA Form 3.20C (Page 3)
LRA Form 3.21 - Certificate of representativeness of Council
LRA Form 3.21A - Certificate of representativeness of parties to a collective agreement
LRA Form 3.22 - Council applies for variation of scope of registration
LRA Form 3.22 (Page 1)
LRA Form 3.22 (Page 2)
LRA Form 3.22 (Page 3)
LRA Form 3.22 (Page 4)
LRA Form 3.23 - Application about demarcation dispute
LRA Form 3.23 (Page 1)
LRA Form 3.23 (Page 2)
LRA Form 3.23 (Page 3)
Facilitation Regulations, 2002
Notice No. R. 941 of 2002
1. How to request facilitation
2. Notice of first meeting of facilitation
3. Conduct of first facilitation meeting
4. Powers and duties of a facilitator
5. Power to order disclosure of information
6. Facilitation meetings
7. Status of facilitation proceedings
8. Panel of facilitators
9. Referral of dispute to Labour Court
10. Agreement
11. Definitions
12. Short title
Picketing Regulations
Notice No. R. 1393 of 2018
1. Definitions
2. Agreement on picketing rules
3. Determining picketing rules
4. Binding nature of the picketing rules
5. Distribution of picketing rules
Default Picketing Rules
Notes
1. Legal Context
2. Purpose of the Picket
3. Circumstances of Workplace
4. Location of Picket
5. Details of Picket
6. Nature and Conduct of Picket
7. Control of Pickets
8. Employer Conduct
9. Picketing on Employer's Premises
10. Dispute Resolution
11. Police Involvement
12. Termination
Annexures
Annexure A : Description of Place or Places for the Picket
Annexure B : Names and Details of Participants
Essential Service Committee Regulations
Notice No. R. 2654 of 2022
Part A - Essential Service Investigation
1. Request for investigation
2. Representations to Committee
3. Notice of hearing
4. Pre-hearing conference
5. Persons appointed to assist Committee conduct investigation
6. Inspection and copying of representations
7. Hearing of evidence
8. Variation or cancellation of the whole or part of a designation of an essential service
Part B - Disputes and Referrals
9. Disputes about whether a service is an essential service
10. Determination of minimum services
11. Ratification of collective agreement providing for maintenance of minimum services
12. Application for maintenance service determination
13. Conduct of hearings in terms of section 73 or 75 of the Act
Part C - General Provisions
14. Appointment of panels
15. Condonation
16. Service and filing of documents
17. Powers of Committee
18. Recordings of Committee's proceedings
19. A How to join or substitute parties to proceedings
20. How to correct the citation of a party
22. When the ESC may consolidate disputes
23. Disclosure of documents
24. How to postpone ESC proceedings
25. How to seek condonation for documents delivered late
26. Definitions
27. Short title and commencement
Notices
Notice published by the Essential Services Committee
Notice No. 1216 of 1997
Notice No. 237 of 2018
Notice No. 271 of 2019
Notice No. 122 of 2021
General Notice 2190 of 2023
Cancellation of Registration of a Bargaining Council
Notice No. 3 of 2012
Cancellation of Registration of a Trade Union
Notice No. 114 of 2008
Notice No. 115 of 2008
Notice No. 116 of 2008
Notice No. 117 of 2008
Notice No. 118 of 2008
Notice No. 143 of 2008
Notice No. 146 of 2008
Notice No. 147 of 2008
Notice No. 148 of 2008
Notice No. 447 of 2008
Notice No. 1537 of 2021
Notice No. R. 1813 of 2022
Notice No. 2365 of 2022
Notice No. 2422 of 2022
Notice No. R. 2483 of 2022
Notice No. 2535 of 2022
General Notice 1736 of 2023
Notice No. R. 3557 of 2023
Notice No. 2072 of 2023
Notice No. 2073 of 2023
Proclamation 140 of 2023
Proclamation 141 of 2023
Notice No. R. 3988 of 2023
Notice No. R. 4063 of 2023
Cancellation of Registration of an Employers' Organisation
Notice No. 446 of 2008
Notice No. R. 225 of 2020
Notice No. 1468 of 2022
Notice No. R. 4489 of 2024
Change of Name of a Trade Union
Notice No. 272 of 2021
Notice No. 1597 of 2021 - Correction Notice
Notice No. 1080 of 2022
Notice No. R. 4112 of 2023
Change of Name of an Employer Organisation
Notice No. R. 1891 of 2022
Registration of an Employers' Organisation
Notice No. R. 2700 of 2022
Notice No. R. 3942 of 2023
Registration of a Trade Union
Notice No. R. 1002 of 2021
Notice No. 602 of 2021
Notice No. R. 1078 of 2021
Notice No. 1517 of 2021
Notice No. 2333 of 2022
Notice No. R. 2653 of 2022
Notice No. R. 2882 of 2022
Notice No. R. 3689 of 2023
Notice No. 3840 of 2023
Notice No. R. 4037 of 2023
Notice No. R. 4509 of 2024
Bargaining Council for the Building Industry
Bloemfontein
Extension of Collective Agreement to Non-Parties
Notice No. R. 221 of 2008
Schedule
1. Scope of Application
2. Period of Operation
3. Definitions
4. Registration of Employers
5. Labour-Only Sub-Contractors
6. Registration of Employees
7. Terms of Employment
8. Remuneration
9. Wage Payment Procedure
10. Safety Provisions
11. Holiday Fund
12. Provident Fund
13. Trade Union Rights
14. Designated Agents
15. Dispute Resolution Procedure
16. Expenses of the Council
17. Accounting and Auditing
18. Exemptions
19. General
Extension of Amendment of Collective Agreement to Non-parties
Notice No. R. 134 of 2012
1. Scope of Application
2. Period of Operation of Agreement
Notice No. 264 of 2013
Notice No. R. 980 of 2016
Schedule
1. Scope of Application
2. Period of Operation of Agreement
Renewal of Period of Operation of the Collective Agreement
Notice No. R. 265 of 2013
Schedule
1. Scope of Application
2. Period of Operation of Agreement
Kimberley
Extension of Amendment of Collective Agreement to Non-parties
Notice No. R. 948 of 2012
Schedule
1. Scope of Application
3. Appendixes
Schedules
Wage per hour
New Wagebands Kimberley Artisans and Craftsmen
New Wagebands Kimberley Non Artisans
New Wagebands Gordonia Artisans and Craftsmen
New Wagebands Gordonia Non Artisans
Renewal of Period of Operation of Electrical Installation Section Collective Agreement
Notice No. R. 949 of 2012
Extension of Amendment of Electrical Installation Section Collective Agreement to Non-parties
Notice No. R. 950 of 2012
North and West Boland
Extension of Collective Agreement to Non-parties
Notice No. R. 120 of 2019
Schedule
1. Scope of Application
2. Period of Operation of Agreement
3. Industrial Action
4. Definitions
5. Levels of Bargaining
6. Registration of Employers
7. Registration of Employees
8. Employment Standards
9. Conditions of Service
10. Remuneration
11. Wage Payment Procedure
12. Storage and provision of tools
13. Fringe Benefits
14. Holiday Fund
15. Retirement Funds
16. Sick Leave and Family Responsibility Leave Benefit Fund for the Building Industry
17. Saving Fund
18. Audit and Accounting
19. Expenses of the Council
20. Trade Union deductions
21. Special Membership Levy: Employers
22. General
23. Exemptions
24. Procedure for the resolution of disputes
25. Dispute settlement fine
26. Arbitrations
27. Notice Board
28. Training Fund of the Employers' Organisations
29. Funeral Benefit
Annexures
Annexure A: Rules as amended by the CCMA in the Labour Relations Act 66 of 1995 updated on November 2019 shall apply for Building Industry Bargaining Council and as well as any further amendments
Part A: Serving and Filing Documents
1. Council addresses at which documents must be filed
2. How to calculate time periods
3. Who must sign documents
4. How to serve documents on other parties
5. How to prove that a document was served in terms of the Rules
6. How to file documents with the Council
7. Documents and notices sent by registered post
8. How to seek condonation for documents delivered late
Part B: Conciliation of Disputes
9. How to refer a dispute to the Council for conciliation
10. The notice the Council is to give of a conciliation hearing
11. Council may seek to resolve a dispute before a conciliation hearing
12. What happens if a party fails to attend or is not represented at a conciliation hearing
13. How to determine whether or not a Council commissioner may conciliate a dispute
14. Issuing of a certificate in terms of section 135(5) of the Act
15. Conciliation proceedings may not be disclosed
Part C: Con-Arb
16. Conduct of con-arb in terms of section 191(5A) of the Act
Part D: Arbitrations
17. How to request arbitration
18. When parties may be directed to file statements
19. When parties may be directed to hold a pre-arbitration conference
20. What notice the Council is to give of an arbitration hearing
21. How to determine whether a Council commissioner may arbitrate a dispute
22. How to postpone an arbitration
Part E: Rules that apply to Conciliations, Arbitrations and Con-Arbs
23. Who may represent a party at the Council
24. How to join or substitute parties to proceedings
25. How to correct the citation of a party
26. When the Council may consolidate disputes
27. Disclosure of documents
28. What happens if a party fails to attend proceedings in rights disputes
29. What happens if a party fails to attend proceedings in interest disputes
Part F: Applications
30. How to bring an application
31. How to apply to vary or rescind arbitration awards or rulings
32. How to refer a dismissal dispute to the Labour Court
Part G: Predismissal Arbitrations
33. How to request a pre-dismissal arbitration in terms of section 188A of the Act
Part H: General
34. Unrepresented applicants without postal addresses and fax numbers
35. Condonation for failure to comply with the Rules
36. Recordings of Council proceedings
37. How to have a subpoena issued
38. Payment of witness fees
39. Taxation of bills of cost
40. What words mean in these Rules
[Cancelled] Extension of Main Amending Collective Agreement to Non-parties
Notice No. R. 1397 of 2020
Schedule
1. Scope of Application
1A. Period of Operation
Cancellation of Government Notice
Notice No. R. 4189 of 2023
Extension of Main Amending Collective Agreement to Non-parties
Notice No. R. 4190 of 2023
Schedule
1. Scope of Application
2. Period of Operation
Cape of Good Hope
Cancellation of Government Notice
Notice No. 993 of 2012
Extension to Non-parties
Notice No. 994 of 2012
1. Scope of Application
2. Period of Operation of Agreement
2A. Special Provisions
2B. General Provisions
3. Clause 4: Definitions
4. Clause 7: Registration of Employees
5. Clause 8: Terms of Employment
6. Clause 9: Remuneration
7. Clause 13: Holiday Fund
8. Clause 14: Pension/Provident Fund
9. Clause 15: Sick Pay Fund
10. Clause 18: Trade Union Subscriptions
11. Clause 19. Special Membership Levy: Employers
12. Clause 22: General
13. Clause 25: Resolution of Disputes
Re-enactment and Amendment of Main Collective Agreement, 2016
1. Scope of Application
2. Period of Operation of Agreement
3. Industrial Action
4. Definitions
5. Levels of Bargaining
6. Registration of Employers
6A. Compliance by Employers, Subcontracting and use of Temporary Employment Services
7. Registration of Employees
8. Terms of Employment
9. Remuneration
10. Wage Payment Procedure
11. Storage and Provision of Tools
12. Benefits
13. Holiday Fund
14. Pension/Provident Fund
15. Sick Pay Fund
16. Audit and Accounting
17. Expenses of the Council
18. Trade Union Subscriptions
19. Special Membership Levy : Employers
20. Master Builders Association (MBA) Skills and Education Trust
21. Western Province Building and Allied Trades' Sick Fund
22. General
23. Exemptions
24. Medical Aid Fund
25. Resolution of Disputes
26. Powers of Designated Agents and Appointed Conciliators and Arbitrators
27. Compliance Committee
28. Negotiations by Area
Annexure A : Rules
Part A : Serving and Filing Documents
1. Council addresses at which documents must be filed
2. How to calculate time periods
3. Who must sign documents
4. How to serve documents on other parties
5. How to prove that a document was served in terms of the Rules
6. How to file documents with the Council
7. Documents and notices sent by registered post
8. How to seek condonation for documents delivered
Part B : Conciliation of Disputes
9. How to refer a dispute to the Council for conciliation
10. The notice the Council is to give of a conciliation hearing
11. Council may seek to resolve a dispute before a conciliation hearing
12. What happens if a party fails to attend or is not represented at a conciliation hearing
13. How to determine whether or not Council commissioner may conciliate a dispute
14. Issuing a certificate in terms of section 135(5) of the Act
15. Conciliation proceedings may not be disclosed
Part C : Con-arb
16. Conduct of con-arb in terms of section 191 (5A) of the Act
Part D : Arbitrations
17. How to request arbitration
18. When parties may be directed to file statements
19. When parties may be directed to hold a pre-arbitration conference
20. What notice the Council is to give of an arbitration hearing
21. How to determine whether a Council commissioner may arbitrate a dispute
22. How to postpone an arbitration
Part E : Rules that apply to Conciliations, Arbitrations and Con-arbs
23. Who may represent a party at the Council
24. How to join or substitute parties to proceedings
25. How to correct the citation of a party
26. When the Council may consolidate disputes
27. Disclosure of documents
28. What happens if a party fails to attend proceedings in rights disputes
29. What happens if a party fails to attend proceddings in interest disputes
Part F : Applications
30. How to bring an application
31. How to apply to vary or rescind awards or rulings
32. How to refer a dismissal dispute to the Labour Court
Part G : Predismissal Arbitrations
33. How to request a pre-dismissal arbitration in terms of section 188A of the Act
Part H : General
34. Unrepresented applicants without postal addresses and fax numbers
35. Condonation for failure to comply with the Rules
36. Recordings of Council proceedings
37. How to have a subpoena issued
38. Payment of witness fees
39. Taxation of bills of cost
40. What words mean in these Rules
Schedule 1
[Cancelled] Extension of Main Amending Collective Agreement to Non-parties
Notice No. R. 1513 of 2019
Schedule
Chapter One : Scope of Application, Period of Application, Industrial Action, Levels of Bargaining and Definitions
1. Scope of Application
2. Period of Operation of Agreement
3. Industrial Action
4. Levels of Bargaining
5. Definitions
Chapter Two : General Duties of Employers and Sub-Contracting Parties
6. Registration of Employers
7. Compliance by Employers, Subcontracting and Use of Temporary Employment Services
8. Registration of Employees
9. Wage Payment Procedure
10. Record Keeping
11. Storage and Provision of Tools
12. Shelter and Ablution Facilities
13. Notice Board
14. Health and Safety
Chapter Three : Categories of Employment
15. General Provisions
16. Learner/Apprenticeship
17. Artisans
Chapter Four : Minimum Wages, Wage and Benefit Parity
18. Wage Parity
19 Minimum Basic Wages
Chapter Five : Terms of Employment
20. Ordinary Hours of Work
21. Overtime
22. Flexible Working Hours
23. Intervals/Lunch and Tea Breaks
24. Shift Work
25. Public Holidays
26. Dangerous Work
27. Overnight Allowance and Accommodation
28. Transport for Employees
29. Performance Standards Contracts
30. Probationary Period
Chapter Six : Employee Benefit Schemes
31. Employee Benefits: General Provisions
32. Holiday Fund and Bonus Fund
33. Pension/Provident Fund
34. Sick Pay Fund
35. Medical Aid Fund
Chapter Seven : Leave
36. Maternity Leave
37. Family Responsibility Leave
38. Leave for Trade Union Activities
39. Annual Leave
40. Sick Leave
Chapter Eight : Termination of Employment
41. Termination of Contract of Employment
42. Lay-off and Suspension
43. Retrenchment
Chapter Nine : Council Administration
44. Audit and Accounting
45. Expenses of the Council
46. Exhibition of Agreement
47. Value Added Tax (VAT)
Chapter Ten : Party Arrangements
48. Trade Union Subscriptions
49. Trade Union Access
50. Special Membership Levy : Employers
51. Master Builders Association (MBA) Skills and Education Trust
52. Western Province Building and Allied Trades' Sick Fund
Chapter Eleven : Compliance and Monitoring of The Collective Agreement
53. Procedure to enforce Compliance with this Agreement
54. Powers of Designated Agents
55. Arbitration Procedures to enforce Compliance with this Agreement
56. Powers of an Arbitrator
57. Fines, Arbitration Costs and Interest
58. Procedure for the Resolution of Disputes about the Application or Interpretation of this Agreement
59. Compliance Committee
60. Exemptions
Annexure A : Rules for Conciliating and Arbitrating Disputes in the Building Industry Bargaining Council (Rules)
Arrangement of Rules
Part A : Serving and Filing Documents
1. Council addresses at which documents must be filed
2. How to calculate time periods
3. Who must sign documents
4. How to serve documents to other parties
5. How to prove that a document was served in terms of the Rules
6. How to file documents with the Council
7. Documents and notices sent by registered post
8. How to seek condonation for documents delivered late
Part B : Conciliation of Disputed
9. How to refer a dispute to the Council for conciliation
10. The notice the Council is to give of a conciliation hearing
11. Council may seek to resolve a dispute before a conciliation hearing
12. What happens if a party fails to attend or is not represented at a conciliation hearing
13. How to determine whether or not Council commissioner may conciliate a dispute
14. Issuing a certificate in terms of section 135(5) of the Labour Relations Act, 1995
15. Conciliation proceedings may not be disclosed
Part C : Con-Arb
16. Conduct of con-arb in terms of section 191(5A) of the Labour Relations Act, 1995
Part D : Arbitrations
17. How to request arbitration
18. When parties may be directed to file statements
19. When parties may be directed to hold a pre-arbitration conference
20. What notice the Council is to give of an arbitration hearing
21. How to determine whether a Council commissioner may arbitrate a dispute
22. How to postpone an arbitration
Part E : Rules that apply to Conciliations, Arbitrations and Con-Arbs
23. Who may represent a party at the Council
24. How to join or substitute parties to proceedings
25. How to correct the citation of a party
26. When the Council may consolidate disputes
27. Disclosures of documents
28. What happens if a party fails to attend proceedings in rights disputes
29. What happens if a party fails to attend proceedings in interest disputes
Part F : Applications
30. How to bring an application
31. How to apply to vary or recind arbitration awards or rulings
32. How to refer a dismissal dispute to the Labour Court
Part G : Predismissal Arbitrations
33. How to request a pre-dismissal arbitration in terms of section 188A of the Labour Relations Act, 1995
Part H : General
34. Unrepresented applicants without postal addresses and fax numbers
35. Condonation for failure to comply with the Rules
36. Recordings of Council proceedings
37. How to have a subpoena issued
38. Payment of witness fees
39. Taxation of bills of cost
40. What words mean in these Rules
Schedule 1 : Registered Addresses of the Council
[Cancelled] Extension of Period of Operation of the Main Collective Agreement
Notice No. R. 224 of 2020
[Cancelled] Extension of Period of Operation of the Main Collective Agreement
Notice No. R. 2675 of 2022
Cancellation of Government Notices
Notice No. R. 3665 of 2023
Extension to Non-parties of the Main Consolidated Collective Agreement
Notice No. R. 3667 of 2023
Schedule
Chapter One: Scope of Application, Period of Application, Industrial Action, Levels of Bargaining and Definitions
1. Scope of Application
2. Period of Operation of Agreement
3. Industrial Action
4. Levels of Bargaining
5. Definitions
5A. General Definitions
5B. Registered Categories of Employment
5C. Trades and Occupations
Chapter Two: General Duties of Employers and Sub-Contracting Parties
6. Registration of Employers
7. Compliance by Employers, Subcontracting and use of Temporary Employment Services
8. Registration of Employees
9. Wage Payment Procedure
10. Record Keeping
11. Storage and Provision of Tools
12. Shelter and Ablution Facilities
13. Notice Board
14. Health and Safety
Chapter Three: Categories of Employment
15. General Provisions
16. Learner / Apprenticeship
17. Artisans
Chapter Four: Minimum Wages, Wage and Benefit Parity
18. Minimum Basic Wages
Chapter Five: Terms of Employment
19. Ordinary Hours of Work
20. Overtime
21. Flexible Working Hours
22. Intervals / Lunch and Tea Breaks
23. Shift Work
24. Public Holidays
25. Overnight Allowance and Accommodation
26. Transport for Employees
27. Performance Standard Contracts
28. Probationary Period
Chapter Six: Employee Benefit Schemes
29. Employee Benefits: General Provisions
30. Holiday and Bonus Fund
30A. Holiday Fund
30B. Bonus Fund
31. Pension Scheme / Provident Fund
32. Sick Pay Fund
33. Medical Aid Fund
Chapter Seven: Leave
34. Maternity Leave
34A. Parental Leave
35. Family Responsibility Leave
36. Leave for Trade Union Activities
37. Annual Leave
38. Sick Leave
Chapter Eight: Termination of Employment
39. Termination of Contract of Employment
40. Temporary Lay-Off
41. Retrenchment
Chapter Nine: Council Administration
42. Audit and Accounting
43. Expenses of Council
44. Exhibition of Agreement
45. Value Added Tax (VAT)
Chapter Ten: Party Arrangements
46. Trade Union Subscriptions
47. Trade Union Access
48. Special Membership Levy: Employers
49. Master Builders Association (MBA) Skills and Education Trust
Chapter Eleven: Compliance, Monitoring and Exemptions
50. Procedure to enforce Compliance with this Agreement
51. Powers of Designated Agents
52. Arbitration procedures to enforce Compliance with this Agreement
53. Powers of an Arbitrator
54. Fines, Arbitration Costs and Interest
55. Procedure for the Resolution of Disputes about the Application or Interpretation of this Agreement
56. Compliance Committee
57. Exemptions
Annexure A: Rules for Conciliating and Arbitrating disputes in the Building Industry Bargaining Council (Rules)
Part A: Serving and Filing Documents
1. Council contact details and addresses at which documents must be filed
2. How to calculate time periods
3. Who must sign documents
4. How to serve documents on other parties
5. How to prove that a document was served in terms of the Rules
6. How to file documents with the Council
7. Documents and notices sent by registered post
8. How to seek condonation for documents delivered
Part B: Conciliation of Disputes
9. How to refer a dispute to the Council for conciliation
10. When must the Council notify the parties of a conciliation hearing
11. The Council may seek to resolve a dispute before a conciliation hearing
12. What happens if a party fails to attend or is not represented at a conciliation hearing
13. How to determine whether or not a Council arbitrator may conciliate a dispute
14. Extension of the conciliation period in terms of Section 135(2A) of the Act and the issuing of a certificate in terms of section 135(5) of the Act
15. Conciliation proceedings may not be disclosed
Part C: Con-Arb
16. Conduct of con-arb in terms of section 191(5A) of the Act
Part D: Arbitrations
17. How to request arbitration
18. When parties may be directed to file statements
19. When parties may be directed to hold a pre-arbitration conference
20. What notice the Council is to give of an arbitration hearing
21. How to determine whether or not a Council arbitrator may arbitrate a dispute
22. How to postpone an arbitration
Part E: Rules that apply to Conciliations, Arbitrations and Con-Arbs
23. Who may represent a party before the Council
24. How to join or substitute parties to proceedings
25. How to correct the citation of a party
26. When the Council may consolidate disputes
27. Disclosure of documents
28. What happens if a party fails to attend arbitration proceedings
Part F: Applications
29. How to bring an application
30. How to apply to vary or rescind arbitration awards or rulings
31. How to refer a dismissal dispute to the Labour Court
Part G: Pre-Dismissal Arbitrations
32. How to request an inquiry in terms of section 188A of the Act
Part H: General
33. Unrepresented applicants without email addresses, postal addresses or fax numbers
34. Condonation for failure to comply with the Rules
35. Recordings of Council proceedings
36. How to have a subpoena issued and served
37. Expert witnesses
38. Payment of witness fees
39. Costs orders and taxation of bills of cost
40. Payment of an arbitration fee ordered in terms of section 140 of the Act
41. What words mean in these Rules
Schedule 1: Registered Addresses of the Council
Bargaining Council for the Canvas Goods Industry
Gauteng
Extension to Non-Parties of the Main Collective Agreement
Notice No. 325 of 2020
Schedule
1. Scope of Agreement
2. Period of Operation
2A. Definitions
3. Employees
4. Hours of Work
5. Leave and Public Holidays
6. Remuneration
7. Organisational Rights
8. Termination of Employment
9. Insurance of Wages in case of fire
10. Applications for Exemptions
11. Enforcement of Agreement and Resolution of Disputes
12. Agents
13. Amendments to this Agreement
14. Exhibition of Agreement
15. Contracts
16. Council Funds
17. Sick Fund
18. Registration of Employers and Employees
19. Records to be kept by Employers
20. Employees' Representatives on the Council
21. Prohibition of Cession of Benefits
22. Non or Late Payments
23. Revision of Wages
24. Legal Costs
25. Interest Clause
26. Costs and Fines
Annexures
Annexure A : Termination Letter
Annexure B : Record of Service of Employee in Canvas Goods Industry
Annexure C : Conciliation Guidelines
1. Introduction
2. Purpose of Guidelines
3. Applications for Condonation
4. Province in which dispute is conciliated
5. Jurisdictional Disputes
6. Discretion to assume jurisdiction
7. Failure to attend conciliation proceedings
8. Representation at conciliation proceedings
9. Application for postponement
10. Impartiality of Conciliators
11. Conclusion
Extension to Non-Parties of the Main Collective Amending Agreement
Notice No. R. 29 of 2021
Schedule
1. Scope of Agreement
2. Period of Operation
Extension to Non-Parties of the Main Collective Amending Agreement
Notice No. R. 2315 of 2022
Schedule
1. Scope of Agreement
2. Period of Operation
Bargaining Council for the Contract Cleaning Services Industry
Kwa-Zulu Natal
Variation of Scope of the Bargaining Council for the Contract Cleaning Services Industry (Kwa-Zulu Natal)
Notice No. R. 370 of 2019
Variation of Scope of the Bargaining Council for the Laundry, Cleaning and Dyeing Industry (Kwa-Zulu Natal)
Notice No. R. 400 of 2019
Main Collective Agreement : Extension to Non-parties
Notice No. 1076 of 2019
Schedule
1. Scope of Application of the Agreement
2. Period of Operation of Agreement
3. Definitions
4. Remuneration
5. Payment of Remuneration
6. Prohibition on further Negotiation
7. Regulation of Working Time
8. Annual Leave
9. Sick Leave
10. Public Holidays and Sundays
11. Study Leave and Qualifications
12. Maternity Leave
13. Prohibition of Piece-Work
14. Uniforms, Overalls, Protective Clothing and Safety Equipment
15. Night Work
16. Prohibition of Employment
17. Trade Union Subscriptions
18. Council Funding
19. Shop Steward Rights
20. Termination of Employment
21. Certificate of Service
22. Staff Records
23. Council Registration by Employers
24. Administration of the Agreement
25. Designated Agents
26. Exemptions and Appeals
27. Staff Transfers due to Transport Difficulties
28. Desertion and Absconding
29. Retirement
30. Provident Fund
31. Disputes about Interpretation, Application or Enforcement of Agreement
32. Certificate of Compliance
33. Company Priority List
34. Family Medical Crisis Plan
35. Severance Pay
Annexure : Family Crisis Health Plan : Option form cancelling membership
Extension of Period of Operation of the Main Collective Agreement
Notice No. 131 of 2020
Notice No. R. 910 of 2020
Extension to non-parties of the Main Collective Amending Agreement
Notice No. R. 1181 of 2020
Schedule
1. Scope of Application of the Agreement
2. Period of Operation of Agreement
Extension to non-parties of the Main Collective Amending Agreement
Notice No. 1726 of 2023
Schedule
1. Scope of Application of the Agreement
2. Period of Operation of Agreement
3. Definitions
4. Remuneration
5. Payment of Remuneration
6. Prohibition on further Negotiation
7. Regulation of Working Time
8. Annual Leave
9. Sick Leave
10. Public Holidays and Sundays
11. Study Leave and Qualifications
12. Maternity Leave
13. Prohibition of Piece-Work
14. Uniforms, Overalls, Protective Clothing and Safety Equipment
15. Night Work
16. Prohibition of Employment
17. Trade Union Subscriptions
18. Council Funding
19. Shop Steward Rights
20. Termination of Employment
21. Certificate of Service
22. Staff Records
23. Council Registration by Employers
24. Administration of the Agreement
25. Designated Agents
26. Exemptions and Appeals
27. Staff Transfers due to Transport Difficulties
28. Desertion and Absconding
29. Retirement
30. Provident Fund
31. Disputes about Interpretation, Application or Enforcement of Agreement
32. Certificate of Compliance
33. Company Priority List
34. Family Medical Crisis Plan
35. Severance Pay
Annexure : Family Crisis Health Plan : Option form cancelling membership
Bargaining Council for the Civil Engineering Industry
BCCEI: Extension of Construction Industry Retirement Benefit Fund Collective Agreement to non-parties
Notice No. R. 488 of 2014
Schedule
1. Scope of Application of Agreement
2. Period of Operation of Agreement
3. Definitions
4. Continuation of the Fund
5. Membership
6. Contributions
7. Administration of the Fund
8. Designated Agents
9. Exemptions
10. Resolution of Disputes
11. Exhibition of Agreement
12. Members' Benefits
13. Appendices to the Agreement
Appendix A : Exemption Application Guidelines
Appendix B : Exemption Procedure
Appendix C
Exemption Application Form
Proof of Consultation : Application for Exemption from the Bargaining Council for the Civil Engineering Industry
Employee / Trade Union Acknowledgement of this Application
Application for Exemption from the Bargaining Council for the Civil Engineering Industry
National Exemptions Policy for the Civil Engineering Industry
1. Introduction
2. Definitions
3. Fundamental Principles
4. Provident Fund Exemptions
5. Exemptions from payment of interest
6. General
7. Composition of The Exemptions Body
8. Chairperson of The Exemptions Body
9. Conduct of members of The Exemptions Body
10. Quorum
11. Decisions of The Exemptions Body
12. Meeting of The Exemptions Body
The Independent Exemptions Appeal Board Policy for the Bargaining Council for the Civil Engineering Industry
Chapter l : Introductory Provisions
1. Definitions
2. Purpose of the Policy
3. Application of the Policy
4. Nature of appeal
5. Criteria on appeal
Chapter ll : The Board
1. Purpose of Board
2. Composition of Board
3. Chairperson of Board
4. Conduct of members of Board
5. Quorum
6. Decisions of Board
7. Meetings of Board
Chapter lll : Appeal Procedures
1. Lodging an appeal
2. Duty of council on receipt of an appeal
3. Incomplete applications
4. Answering submissions by other interested parties
5. New evidence
6. Condonation
7. Oral submissions
8. Board meetings open to public
9. Finding and reasons for decision
BCCEI: Registration and Administration Expenses Collective Agreement
[Cancelled] Extension of Registration and Administration Expenses Collective Agreement to Non-Parties
Notice No. R. 490 of 2014
Schedule
Part I : Scope and Application of the Agreement
1. Application of Agreement
2. Scope of the Civil Engineering Industry
3. Definitions and expressions
3. Period of operation of the agreement
4. Objective
Part II
1. Contributions
Part III
1. Registration
Part IV
1. Administration of Agreement
2. Designated agents
3. Exemptions
4. Resolution of disputes
Appendixes
Appendix A : Application for Registration with the Bargaining Council for the Civil Engineering Industry
Appendix B : National Exemptions Policy for the Bargaining Council for the Civil Engineering Industry
1. Introduction
2. Definitions
3. Fundamental Principles
4. Provident Fund Exemptions
5. Exemptions from payment of interest
6. General
7. Composition of The Exemptions Body
8. Chairperson of The Exemptions Body
9. Conduct of members of The Exemptions Body
10. Quorum
11. Decisions of The Exemptions Body
12. Meetings of The Exemptions Body
Appendix C : The Independent Exemptions Appeal Board Policy for the Bargaining Council for the Civil Engineering Industry
Chapter I : Introductory Provisions
1. Definitions
2. Purpose of the Policy
3. Application of the Policy
4. Nature of appeal
5. Criteria on appeal
Chapter II : The Board
1. Purpose of the Board
2. Composition of Board
3. Chairperson of the Board
4. Conduct of members of Board
5. Quorum
6. Decisions of Board
7. Meetings of Board
Chapter III : Appeal Procedures
1. Lodging an appeal
2. Duty of Council on receipt of appeal
3. Incomplete Applications
4. Answering submissions by other interested parties
5. New evidence
6. Condonation
7. Oral submissions
8. Board meetings open to public
9. Finding and reasons for decision
Cancellation of Government Notice R.490 of 2014
[Cancelled] Extension of Registration and Administration Expenses Collective Agreement to Non-Parties
Notice No. R.1106 of 2018
Schedule
Preamble
Part l : Scope and Application of the Agreement
1. Application of Agreement
2. Scope of the Civil Engineering Industry
3. Definitions and expressions
3. Period of operation of the agreement
4. Objective
Part ll
1. Contributions
Part lll
1. Registration
Part IV
1. Administration of Agreement
2. Agents
3. Exemptions
4. Resolution of disputes
Appendices
[Deleted] Appendix A : National Exemptions and Appeal Policy for the Civil Engineering Industry
Appendix B : Bargaining Council for the Civil Engineering Industry: Exemption and Appeal Policy
1. Exemption Guidelines
Exemption Procedure
Exemption Application Form
Proof of Consultation
Employee/Trade Union Acknowledgement of this Application
Application for Exemption from The Bargaining Council for the Civil Engineering Industry
National Exemptions Policy for the Civil Engineering Industry
1. Introduction
2. Definitions
3. Fundamental Principles
4. Provident Fund Exemptions
5. Exemptions from payment of interest
6. General
7. Composition of The Exemptions Body
8. Chairperson of The Exemptions Body
9. Conduct of members of The Exemptions Body
10. Quorum
11. Decisions of The Exemptions Body
12. Meetings of The Exemptions Body
The Independent Exemptions Appeal Board Policy for the Bargaining Council for the Civil Engineering Industry
Chapter l : Introductory Provisions
1. Definitions
2. Purpose of the Policy
3. Application of the Policy
4. Nature of appeal
5. Criteria on appeal
Chapter ll : The Board
1. Purpose of the Board
2. Composition of Board
3. Chairperson of the Board
4. Conduct of members of Board
5. Quorum
6. Decisions of Board
7. Meetings of Board
Chapter lll : Appeal Procedures
1. Lodging an appeal
2. Duty of Council on receipt of appeal
3. Incomplete applications
4. Answering submissions by other interested parties
5. New evidence
6. Condonation
7. Oral submissions
8. Board meetings open to public
9. Finding and reasons for decision
Cancellation of Government Notice No. R.1106 of 2018
Notice No. R. 3725 of 2023
BCCEI: Conditions of Employment Collective Agreement
Conditions of Employment Collective Agreement
Notice No. R. 936 of 2018
Preamble
Chapter 1 : Application and Interpretation of Agreement
1.1. Scope of the Agreement
1.2. Period of operation of agreement
1.3. Definitions and expressions
Chapter 2 : Regulation of Working Time
2.1. Weekly hours of ordinary work
2.2. Daily hours of ordinary work
2.3. Overtime
2.4. Meal intervals
2.5. Rest period
2.6. Compressed working week
2.7. Averaging hours of work
2.8. Payment for overtime
2.9. Payment for work on a Sunday
2.10. Payment for public holidays
2.11. Night work
2.12. Short time
2.13. Inclement weather
Chapter 3 : Regulation of Leave
3.1. Annual leave
3.2. Sick leave
3.3. Maternity leave
3.4. Family responsibility leave
Chapter 4 : Regulations for Contract of Employment
4.1. Termination of contract of employment
4.2. Certificate of service
4.3. Piece work
4.4. Prohibition of employment
4.5. Severance pay
4.6. Funeral cover for limited duration contract employees
4.7. Limited duration contract of employment ("LDC")
4.7A. Application of section 198 of the Labour Relations Act 66/95 (LRA) to employees earning below earnings threshold
4.7B. Fixed term contracts with employees earning below earnings threshold
4.7C. Part-time employment of employees earning below earnings threshold
4.7D. General provisions applicable to sections 4.7A to 4.7C
4.8. Medical aid
Chapter 5 : Regulation regarding registers and the conditions of employment agreement
5.1. Attendance register
5.2. Written particulars of employment
5.3. Displaying this agreement in the workplace
Chapter 6 : Remuneration and Record Keeping
6.1. Calculation of wages
6.2. Information about remuneration
6.3. Payment of remuneration upon termination of employment
6.4. Deductions from wages - general
6.5. Deductions from wages - trade union subscriptions
6.6. Deductions from wages - training
6.7. Year-End bonus
6.8. Cross border work allowance
6.9. Allowances
Chapter 7 : General
7.1. Exemptions
7.2. Protective clothing
7.3. Designated agents
7.4. Levels of bargaining in the Industry and peace obligation
7.5. Administration of agreement
7.6. Attendance of worker representatives on bargaining council committee meetings
7.7. Resolution of disputes
7.8. Exemptions
Appendixes
Appendix A : Certificate of Service
Appendix B : BCCEI Exemption and Appeal Policy
The Independent Exemptions Appeal Board Policy for the Civil Engineering Industry
Chapter I : Introductory Provisions
1. Definitions
2. Purpose of the Policy
3. Application of the Policy
4. Nature of appeal
5. Criteria on appeal
Chapter II : The Board
1. Purpose of the Board
2. Composition of Board
3. Chairperson of the Board
4. Conduct of members of Board
5. Quorum
6. Decisions of Board
7. Meetings of Board
Chapter III : Appeal Procedures
1. Lodging an appeal
2. Duty of Council on receipt of appeal
3. Incomplete applications
4. Answering submissions by other interested parties
5. New evidence
6. Condonation
7. Oral submissions
8. Board meetings open to public
9. Finding and reasons for decision
National Exemptions Policy for the Civil Engineering Industry
1. Introduction
2. Definitions
3. Fundamental Principles
4. Provident Fund Exemptions
5. Exemptions from payment of interest
6. General
7. Composition of The Exemptions Body
8. Chairperson of The Exemptions Body
9. Conduct of members of The Exemptions Body
10. Quorum
11. Decisions of The Exemption Body
12. Meetings of The Exemption Body
Extension of Conditions of Employment Collective Agreement to Non-Parties
Notice No. R.956 of 2018
Extension of Amendment of Conditions of Employment Collective Agreement to Non-parties
Notice No. R. 1072 of 2019
Preamble
Chapter 1 : Application and Interpretation of Agreement
1.1. Scope of the Agreement
1.2. Period of operation of agreement
Extension of Condition of Employment Collective Amending Agreement to Non-Parties
Notice No. R. 1428 of 2019
Preamble
Chapter 1 : Application and Interpretation of Agreement
1.1 Scope of the agreement
1.2 Period of operation of agreement
[Cancelled] Renewal of Period of Operation of the Conditions of Employment Collective Agreement
Notice No. R. 1640 of 2021
Schedule
Preamble
Chapter 1 : Application and Interpretation of Agreement
1.1. Scope of the Agreement
1.2. Period of operation of agreement
1.3. Definitions and expressions
Chapter 2 : Regulation of Working Time
2.1. Weekly hours of ordinary work
2.2. Daily hours of ordinary work
2.3. Overtime
2.4. Meal intervals
2.5. Rest period
2.6. Compressed working week
2.7. Averaging hours of work
2.8. Payment for overtime
2.9. Payment for work on a Sunday
2.10. Payment for public holidays
2.11. Night work
2.12. Short time
2.13. Inclement weather
Chapter 3 : Regulation of Leave
3.1. Annual leave
3.2. Sick leave
3.3. Maternity leave
3.4. Family responsibility leave
3.5. Parental leave
Chapter 4 : Regulations for Contract of Employment
4.1. Termination of contract of employment
4.2. Certificate of service
4.3. Piece work
4.4. Prohibition of employment
4.5. Severance Pay
4.6. Funeral cover for limited duration contract employees
4.7. Temporary employment, limited duration contract of employment ("LDC") and part-time employment
4.7A Application of section 198 of the Labour Relations Act 66 of 1995 to employees earning below earnings threshold
4.7B Fixed-term contracts with employees earning below earnings threshold
4.7C Part-time employment of employees earning below earnings threshold
4.7D General provisions applicable to clauses 4.7A to 4.7C
4.8. Medical aid
Chapter 5 : Regulation regarding Registers and the Conditions of Employment Agreement
5.1. Attendance register
5.2. Written particulars of employment
5.3. Displaying this agreement in the workplace
Chapter 6 : Remuneration and record keeping
6.1. Calculation of wages
6.2. Information about remuneration
6.3. Payment of remuneration upon termination of employment
6.4. Deductions from wages - general
6.5. Deductions from wages - trade union subscriptions
6.6. Deductions from wages - training
6.7. Year-end bonus
6.8. Cross border work allowance
6.9. Allowances
Chapter 7 : General
7.1. Exemptions
7.2. Protective clothing
7.3. Designated agents
7.4. Levels of bargaining in the Industry and peace obligation
7.5. Administration of agreement
Appendix A - Certificate of Service
Cancellation of Government Notice No. R.1640 of 2021: Conditions of Employment Collective Agreement
Notice No. R. 2122 of 2022
Extension of Conditions of Employment Consolidated Collective Agreement to Non-parties
Notice No. R. 2119 of 2022
Schedule
Preamble
Chapter 1 - Application and Interpretation of Agreement
1.1 Scope of the agreement
1.2 Period of operation of agreement
1.3 Definitions and expressions
Chapter 2 - Regulation of Working Time
2.1 Weekly hours of ordinary work
2.2 Daily hours of ordinary work
2.3 Overtime
2.4 Meal intervals
2.5 Rest period
2.6 Compressed working week
2.7 Averaging hours of work
2.8 Payment for overtime
2.9 Payment for work on a Sunday
2.10 Payment for public holidays
2.11 Night work
2.12 Short time
2.13 Inclement weather
Chapter 3 - Regulation of Leave
3.1 Annual leave
3.2 Sick leave
3.3 Maternity leave
3.4 Family responsibility leave
3.5 Parental leave
Chapter 4 - Regulations for Contract of Employment
4.1 Termination of contract of employment
4.2 Certificate of service
4.3 Piece work
4.4 Prohibition of employment
4.5 Severance Pay
4.6 Funeral cover for limited duration contract employees
4.7 Temporary employment, limited duration contract of employment ("LDC") and part-time employment
4.7A Application of section 198 of the Labour Relations Act 66 of 1995 to employees earning below earnings threshold
4.7B Fixed-term contracts with employees earning below earnings threshold
4.7C Part-time employment of employees earning below earnings threshold
4.7D General provisions applicable to clauses 47A to 47C
4.8 Medical aid
Chapter 5 - Regulation regarding Registers and the Conditions of Employment Agreement
5.1 Attendance register
5.2 Written particulars of employment
5.3 Displaying this agreement in the workplace
Chapter 6 - Remuneration and Record Keeping
6.1 Calculation of wages
6.2 Information about remuneration
6.3 Payment of remuneration upon termination of employment
6.4 Deductions from wages - general
6.5 Deductions from wages - trade union subscriptions
6.6 Deductions from wages - training
6.7 Year-end bonus
6.8 Cross border work allowance
6.9 Allowances
Chapter 7 - General
7.1 Exemptions
7.2 Protective clothing
7.3 Designated agents
7.4 Levels of bargaining in the Industry and peace obligation
7.5 Administration of agreement
7.6 Attendance of worker representatives on bargaining council committee meetings
7.7 Resolution of disputes
Appendix A - Certificate of Service
BCCEI: Wage and Task Grade Collective Agreement
Extension of Wage and Task Grade Collective Agreement
Wage and Task Grade Collective Agreement
Notice No. R. 951 of 2018
Schedule
Application and Interpretation of Agreement
1. Application of Agreement
2. Scope of Application of Agreement
3. Definitions and expressions
Chapter l : General
1. Administration of the Agreement
2. Designated Agents
3. Levels of bargaining in the Industry and Peace Obligation
4. Attendance of worker representatives on bargaining council committee meetings
Chapter ll : Exemptions
1. Provisions relating to an application for exemption
Chapter lll : Wages, Wage Tables and Task Grade Interpretation
1. Wage and/or Earnings
Chapter IV : Appendices to the Agreement
1. Wage Exemption Application Guidelines
2. Civil Engineering Industry Task Grade Wage Rates
Appendices
[Deleted] Appendix A : BCCEI Exemption and Appeal Policy
Appendix B : Task Grade Wage Rates
National Exemptions Policy for the Civil Engineering Industry
1. Introduction
2. Definitions
3. Fundamental Principles
4. Provident Fund Exemptions
5. Exemptions from payment of interest
6. General
7. Composition of The Exemptions Body
8. Chairperson of The Exemptions Body
9. Conduct of members of The Exemptions Body
10. Quorum
11. Decisions of The Exemptions Body
12. Meetings of The Exemptions Body
The Independent Exemptions Appeal Board Policy for the Civil Engineering Industry
Chapter l : Introductory Provisions
1. Definitions
2. Purpose of the Policy
3. Application of Policy
4. Nature of appeal
5. Criteria on appeal
Chapter ll : The Board
1. Purpose of the Board
2. Composition of Board
3. Chairperson of Board
4. Conduct of members of Board
5. Quorum
6. Decisions of Board
7. Meetings of Board
Chapter lll : Appeal Procedures
1. Lodging an appeal
2. Duty of council on receipt of an appeal
3. Incomplete applications
4. Answering submissions by other interested parties
5. New evidence
6. Condonation
7. Oral submissions
8. Board meetings open to public
9. Finding and reasons for decision
Extension of Amendment of Wage Task Grade Collective Agreement to Non-Parties
Notice No. R. 1414 of 2019
Schedule
Application and Interpretation of Agreement
1. Application of the agreement
2. Period of operation of agreement
[Cancelled] Renewal of Period of Operation of the Wage and Task Grade Collective Agreement
Notice No. R. 1605 of 2021
Schedule
Preamble
Application and Interpretation of Agreement
1. Application of Agreement
2. Scope of Application of Agreement
3. Definitions and Expressions
Chapter 1 - General
1. Administration of the Agreement
2. Designated Agents
3. Levels of bargaining in the Industry and peace obligation
4. Attendance of worker representatives on Council committee meetings
Chapter 2 - Exemptions
1. Provisions relating to an application for exemption
Chapter 3 - Wages, Wage Tables and Task Grade Interpretation
1. Wage and/or Earnings
Chapter 4 - Appendices to the Agreement
Appendix A - Civil Engineering Industry Task Grade Wage Rates
Cancellation of Government Notice No. R.1605 of 2021: Wage and Task Grade Collective Agreement
Notice No. R. 2124 of 2022
Extension of consolidated Wage and Task Grade Collective Agreement to Non-parties
Notice No. R. 2121 of 2022
Schedule
Preamble
Application and Interpretation of Agreement
1. Application of Agreement
2. Scope of Application of Agreement
3. Definitions and Expressions
Chapter 1 - General
1. Administration of the Agreement
2. Designated Agents
3. Levels of bargaining in the Industry and peace obligation
4. Attendance of worker representatives on Council committee meetings
Chapter 2 - Exemptions
1. Provisions relating to an application for exemption
Chapter 3 - Wages, Wage Tables and Task Grade Interpretation
1. Wages and/or Earnings
Chapter 4 - Appendices to the Agreement
1. Civil Engineering Industry Task Grade Wage Rates
BCCEI: Exemptions Collective Agreement
Extension of Exemptions Collective Agreement to Non-parties
Notice No. R. 1416 of 2019
1. Schedule
2. Application and interpretation of agreement
2.1 Application of the agreement
3. Definitions
4. Introduction
5. Exemptions - Fundamental Principles
6. Exemptions - Remuneration and Benefits
7. Exemptions - Construction Industry Retirement Benefit Fund (CIRBF)
8. Exemptions from payment of interest
9. General
10. Composition of the Committee and IAB
11. Chairperson of the Committee and IAB
12. Conduct of members of the Committee and IAB
13. Quorum
14. Decisions of the Committee and IAB
15. Meetings of the Committee and IAB
[Cancelled] Renewal of Period of Operation of the Exemptions Collective Agreement
Notice No. R. 1642 of 2021
Schedule
Preamble
1. Application and interpretation of the Agreement
1.1 Application of the agreement
1.2. Period of operation of agreement
2. Definitions
3. Introduction
4. Exemptions - Fundamental Principles
5. Exemptions - Remuneration and Benefits
6. Exemptions - Construction Industry Retirement Benefit Fund ("CIRBF")
7. Exemptions from payment of interest
8. General
9. Composition of the Committee and IAB
10. Chairperson of the Committee and IAB
11. Conduct of members of the Committee and IAB
12. Quorum
13. Decisions of the Committee and IAB
14. Meetings of the Committee and IAB
Cancellation of Government Notice No. R.1642 of 2021: Exemptions Collective Agreement
Notice No. R. 2120 of 2022
[Cancelled] Extension of Consolidated Exemptions Collective Agreement to Non-parties
Notice No. R. 2123 of 2022
Schedule
Preamble
1. Application and interpretation of the Agreement
2. Definitions
3. Introduction
4. Exemptions - Fundamental Principles
5. Exemptions - Remuneration and Benefits
6. Exemptions - Construction Industry Retirement Benefit Fund ("CIRBF")
7. Exemptions from payment of interest
8. General
9. Composition of the Committee and IAB
10. Chairperson of the Committee and IAB
11. Conduct of members of the Committee and IAB
12. Quorum
13. Decisions of the Committee and IAB
14. Meetings of the Committee and IAB
Cancellation of Government Notice No. R.2123 of 2022: Exemptions Collective Agreement
Notice No. R. 3415 of 2023
Extension of Consolidated Exemptions Collective Agreement to Non-parties
Notice No. R. 3417 of 2023
Schedule
Preamble
1. Application and interpretation of the Agreement
2. Definitions
3. Introduction
4. Exemptions - Fundamental Principles
5. Exemptions - Remuneration and Benefits
6. Exemptions - Construction Industry Retirement Benefit Fund (CIRBF)
7. Exemptions from payment of interest
8. General
9. Composition of the Committee and IAB
10. Chairperson of the Committee and IAB
11. Conduct of members of the Committee and IAB
12. Quorum
13. Decisions of the Committee and IAB
14. Meetings of the Committee and IAB
BCCEI: Dispute Resolution Collective Agreement
[Replaced] BCCEI : Extension of Dispute Resolution Collective Agreement to Non-Parties
Notice No. R. 507 of 2020
Schedule
Application and Interpretation of Agreement
Dispute Resolution Collective Agreement for the Civil Engineering Industry
Schedule
Chapter 1 : Scope and application of this agreement
1.1. Scope of application of agreement
1.2. Period of operation of this agreement
1.3. Definitions
Chapter 2 : Dispute Resolution
2.1. Preamble
2.2. Disputes to be conciliated and arbitrated as provided for in the Act (commonly known as disputes of right)
2.3. Mutual interest disputes (commonly known as disputes of interest)
2.4. Disputes concerning the unilateral amendment to conditions of employment
2.5. Interpretation and application disputes
2.6. Demarcation disputes
2.7. General
Chapter 3 : Enforcement of and compliance with collective agreements
Chapter 4 : Exemptions
Annexure A : Rules for the conduct of Dispute Resolution proceedings before the Bargaining Council for the Civil Engineering Industry (BCCEI)
Chapter One : Service and Filing of Documents
1. Contacting the Council
2. Office hours of the Council
3. Calculation of time periods
4. Persons who may sign documents
5. Service of documents on other parties
6. Proof of service
7. Filing documents with the Council
8. Notice of proceedings before the Council
9. Documents and notices sent by registered mail
Chapter Two : Conciliation of Disputes
10. Referring a dispute to the Council for conciliation
11. Notice by the Council to the parties of a conciliation hearing
12. Pre-conciliation proceedings
13. Jurisdiction of the Council to conciliate a dispute
14. Issuing of a certificate in terms of section 135(5)
15. Conciliation proceedings are confidential
Chapter Three : Con-Arb in terms of Section 191(5A)
16. Conduct of con-arb in terms of section 191(5A)
Chapter Four : Arbitrations
17. Referring a dispute to the Council for arbitration
18. Statements of case
19. Pre-arbitration conference
20. Notice by the Council to parties of an arbitration hearing
21. Jurisdiction of the Council to arbitrate
22. Postponement of an arbitration or any hearing other than conciliation
Chapter Five : Rules that apply to conciliations, arbitrations and other proceedings
23. Venue of proceedings
24. Condonation for the late filing of documents or failure to comply with the Rules
25. Representation
26. Correcting the citation of a party
27. Consolidation of disputes
28. Joinder or substitution of parties
29. Discovery of documents
30. Failure to attend proceedings
31. Subpoenas
32. Expert witnesses
33. Payment of witness fees
34. Costs orders in arbitration proceedings
Cancellation of Government Notice R.109 of 2020 : Extension of Dispute Resolution Collective Agreement
Notice No. R. 508 of 2020
[Cancelled] Extension of Dispute Resolution Collective Agreement to Non-Parties
Notice No. R. 581 of 2020
Schedule
Application and Interpretation of Agreement
Dispute Resolution Collective Agreement for the Civil Engineering Industry
Schedule
Chapter 1 : Scope and application of this agreement
1.1. Scope of application of agreement
1.2. Period of operation of this agreement
1.3. Definitions
Chapter 2 : Dispute Resolution
2.1. Preamble
2.2. Disputes to be conciliated and arbitrated as provided for in the Act (commonly known as disputes of right)
2.3. Mutual interest disputes (commonly known as disputes of interest)
2.4. Disputes concerning the unilateral amendment to conditions of employment
2.5. Interpretation and application disputes
2.6. Demarcation disputes
2.7. General
Chapter 3 : Enforcement of and compliance with collective agreements
Chapter 4 : Exemptions
Annexure A : Rules for the conduct of Dispute Resolution proceedings before the Bargaining Council for the Civil Engineering Industry (BCCEI)
Chapter One : Service and Filing of Documents
1. Contacting the Council
2. Office hours of the Council
3. Calculation of time periods
4. Persons who may sign documents
5. Service of documents on other parties
6. Proof of service
7. Filing documents with the Council
8. Notice of proceedings before the Council
9. Notices and Documents sent by registered mail
Chapter Two : Conciliation of Disputes
10. Referring a dispute to the Council for conciliation
11. Notice by the Council to the parties of a conciliation hearing
12. Pre-conciliation proceedings
13. Jurisdiction of the Council to conciliate a dispute
14. Issuing of a certificate in terms of section 135(5)
15. Conciliation proceedings are confidential
Chapter Three : Con-Arb in terms of Section 191(5A)
16. Conduct of con-arb in terms of section 191(5A)
Chapter Four : Arbitrations
17. Referring a dispute to the Council for arbitration
18. Statements of case
19. Pre-arbitration conference
20. Notice by the Council to parties of an arbitration hearing
21. Jurisdiction of the Council to arbitrate
22. Postponement of an arbitration or any hearing other than conciliation
Chapter Five : Rules that apply to conciliations, arbitrations and other proceedings
23. Venue of proceedings
24. Condonation for the late filing of documents or failure to comply with the Rules
25. Representation
26. Correcting the citation of a party
27. Consolidation of disputes
28. Joinder or substitution of parties
29. Discovery of documents
30. Failure to attend proceedings
31. Subpoenas
32. Expert witnesses
33. Payment of witness fees
34. Costs orders in arbitration proceedings
Chapter Six : Applications
35. Bringing an application
36. Variation and rescission of rulings and arbitration awards
37. Application to refer a dismissal dispute to the Labour Court
Chapter Seven : Section 188A Inquiry
38. Inquiry by arbitrator in terms of section 188A
Chapter Eight : General
39. Certification of arbitration awards
40. Recording of Council proceedings
41. Project specific agreements
42. Definitions
Schedules
Schedule 1 : Addresses of the Council
Schedule 2 : Forms
Annexure B : Guidelines for the Levying of Fines
Cancellation of Government Notice No. R. 581 of 2020
Notice No. R. 3724 of 2023
Extension of Dispute Resolution Collective Agreement to Non-parties
Notice No. R. 3726 of 2023
Schedule
Preamble
Chapter 1
1. Application of this agreement
2. Scope of the Civil Engineering Industry
3. Definitions and expressions
Chapter 2 - Dispute Resolution
2.1. Preamble
2.2. Disputes to be conciliated and arbitrated as provided for in the Act (commonly known as disputes of right)
2.3. Mutual interest disputes (commonly known as disputes of interest)
2.4. Disputes concerning the unilateral amendments to conditions of employment
2.5. Interpretation and application disputes
2.6. Demarcation disputes
2.7. General
Chapter 3 : Enforcement of and compliance with collective agreements
Chapter 4 : Exemptions
Annexures
Annexure A : Rules for the conduct of Dispute Resolution proceedings before the Bargaining Council for the Civil Engineering Industry (BCCEI)
Chapter One : Service and Filing of Documents
1. Contacting the Council
2. Office hours of the Council
3. Calculation of time periods
4. Persons who may sign documents
5. Service of documents on other parties
6. Proof of service
7. Filing documents with the Council
8. Notice of proceedings before the Council
9. Notices and Documents sent by registered mail
Chapter Two : Conciliation of Disputes
10. Referring a dispute to the Council for conciliation_2
11. Notice by the Council to the parties of a conciliation hearing_2
12. Conciliation proceedings
13. Jurisdiction of the Council to conciliate a dispute
14. Issuing a certificate in terms of section 135(5)_2
15. Conciliation proceedings are confidential
Chapter Three : Con-Arb in terms of Section 191(5A)
16. Conduct of con-arb in terms of section 191(5A)
Chapter Four : Arbitrations
17. Referring a dispute to the Council for arbitration
18. Statements of case
19. Pre-arbitration conference
20. Notice by the Council to parties of an arbitration hearing
21. Jurisdiction of the Council to arbitrate
22. Postponement of an arbitration hearing
Chapter Five : Rules that apply to conciliations, arbitrations and other proceedings
23. Venue of proceedings
24. Condonation for late filing of documents
25. Representation
26. Correcting the citation of a party
27. Consolidation of disputes
28. Joinder and substitution
29. Discovery of documents
30. Failure to attend proceedings
31. Subpoenas
32. Expert witnesses
33. Witness fees
34. Costs in arbitration proceedings
Chapter Six : Applications
35. Bringing an application
36. Variation and rescission of arbitration awards and rulings
37. Application to refer a dismissal dispute to the Labour Court
Chapter Seven : Inquiry in terms of Section 188A
38. Inquiry by arbitrator in terms of section 188A
Chapter Eight : General
39. Certification of arbitration awards
40. Recording of Council proceedings
41. Project specific agreements
42. Transitional arrangements
43. Definitions
Annexure B : Guidelines on Picketing
Guidelines on Picketing Rules
Annexure C - Forms
Annexure D - Guidelines for the Levying of Fines
Appendices
Appendix A - Addresses of the Council
National Bargaining Council for the Clothing Manufacturing Industry
Main Collective Agreement
Notice No. R. 1154 of 2005
Schedule
1. Scope of Application
2. Period of Operation of this Agreement
3. Special Provisions
4. General Provisions
Part A : Provisions for the Eastern Cape Region
1. Scope of Application of this Part of the Agreement
2. Period of Operation of this Part of the Agreement
3. Definitions
A - E
F - I
L - W
4. Registration of Employers
5. Employees
6. Wages
6.1 Minimum Wages
Minimum Wages (1) : Clothing establishments
Minimum Wages (2) : Garment knitting establishments
Minimum Wages (3) : New Employees
Minimum Wages (4) : Incentivised Wage Rates
Minimum Wages (5)
Minimum Wages (6)
6.2 Off-set Period
6.3 Incremental Dates
6.4 Night Shift
6.5 Long service award
6.6 First-aid
6.7 Payment of Wages
6.8 Deductions
6.9 Overtime Rates
6.10 Incentive Bonus Scheme and/or Conveyor Belt System
6.11 Annual Bonus
7. Hours of Work
7.1 Ordinary Hours of Work
7.2 Overtime Hours
7.3 Meal and other rest intervals
7.4 Short-time
8. Leave
8.1 Annual Leave
8.2 Public Holidays
8.3 Maternity Leave
8.4 Compassionate/Paternity Leave
8.5 Sick Leave
9. Termination of Employment
9.1 Notice period
9.2 Certificate of Service
10. Outwork
11. Organisational Rights
11.1 Closed Shop
11.2 Organisation of Employees
11.3 Shop Stewards
11.4 Negotiated Plant Level Procedures
11.5 Balloting
12. Employee Benefits
12.1 Supplementary Benefits Fund
12.2 SACTWU Education Bursary Scheme
12.3 Retrenchment Benefit
12.4 SACTWU's HIV/AIDS Project
13. General Employer Obligations
13.1 Insurance of Wages
13.2 Tools
13.3 Premiums
14. Agreement
14.1 Council Funds
14.2 Exhibition of Agreement
14.3 Agents
14.4 Exemptions
A. For any business entity registered with and falling within the Council's registered scope inasmuch as it relates to the scope of this part of the Agreement
B. For any employer who is a party or a member of a party to the Council and its employees represented by a trade union representative
14.5 Existing Contracts
14.6 Dispute procedure
15. Frequency of Negotiations and Industrial Action
16. A Typical Work, Outsourcing and Subcontracting
17. Trade Union Agency Shop
18. Productivity
19. Industry Protection Fund
20. HIV/AIDS
21. Contract Employees
22. Working in Arrangements
Annexures
Annexure A : Code of Good Practice on Key Aspects of HIV/AIDS and Employment within the Clothing Manufacturing Industry of South Africa
1. Introduction
2. Objectives
3. Policy Principles
4. Application and Scope
5. Legal Framework
6. Promoting a Non-discriminatory Work Environment
7. HIV Testing, Confidentiality and Disclosure
7.1 HIV Testing
7.2 Confidentiality and Disclosure
8. Promoting a Safe Workplace
9. Compensation for Occupationally Acquired HIV
10. Employee Benefits
11. Dismissal
12. Grievance Procedures
13. Management of HIV in the Workplace
14. Assessing the Impact of HIV/AIDS on the Workplace
15. Measures to Deal with HIV/AIDS within the Workplace
16. Information and Education
Glossary
Annexure B : Productivity
Annexure C : Industry Protection Fund
Annexure D : Contract Employees
Part B : Provisions for the Free State and Northern Cape Region
Minimum Wages
Part C : Provisions for the KwaZulu-Natal Region
1. Scope of Application of this Part of the Agreement
2. Period of Operation of this Part of the Agreement
3. Definitions
A. General Definitions
B. Definitions of the occupations, capacities and duties of employees in the Clothing Sector only
C. Definitions of the occupations, capacities and duties of employees in the Garment Kitting Sector only
4. Wages
5. Shift Allowance
6. Task-Work
7. Short-Time
8. Payment of Wages and Overtime
9. Hours of Work and Overtime
10. Public Holidays
11. Records
12. Work in the Clothing Industry
13. Proportion or Ratio of Employees
14. Annual Leave
15. Holiday Leave Benefit (Annual Bonus) Fund Account
16. Maternity Leave
17. Paternity Leave
18. Premiums for Training
19. Registration of Employers
20. Registration of Employees
21. Termination of Service
22. Disciplinary and Grievance Procedures
23. Exemptions
24. Persons under the age of 15 years
25. Council Funds
26. SACTWU Funds
27. Closed Shop and Trade Union Membership/Subscriptions
28. Access to and Organising Facilities on an Employers' Premises by the Trade Union
29. Rights of Trade Union Representatives
30. Agents
31. Exhibition of Agreement, Wage Rates and Hours of Work
32. Administration of Agreement
33. Trade Union's Representatives of the Council
34. Working Proprietors and/or Working Partners
35. Sick Benefit Fund
36. Retrenchment
37. Financial Matters
38. Dispute Procedure
39. Atypical Work and Subcontracting
40. Frequency of Negotiations and Industrial Action
41. Productivity
42. Agency Shop
43. Industry Protection Fund
44. HIV/AIDS
45. Contract Employees
46. Working in Arrangements
Annexures
Annexure A : Code of Good Practice on Key Aspects of HIV/AIDS
1. Introduction
2. Objectives
3. Policy Principles
4. Application and Scope
5. Legal Framework
6. Promoting a Non-Discriminating Work Environment
7. HIV Testing, Confidentiality and Disclosure
8. Promoting a Safe Workplace
9. Compensation for Occupationally ...
10. Employee Benefits
11. Dismissal
12. Grievance Procedures
13. Management of HIV ...
14. Assessing the Impact of HIV/AIDS ...
15. Measures to deal with HIV/AIDS ...
16. Information and Education
Glossary
Annexure B : Productivity
Annexure C : Industry Protection Fund
Annexure D : Contract Employees
Part D : Provisions for the Northern Region (Clothing)
Wage Schedule-Clothing
Wage Category-Clothing
Wage Schedule-Millinery Sector
Part E : Provisions for the Northern Region (Knitting)
Wage Schedule-Knitting
Part F : Provisions for the Western Cape Region (Clothing)
Wage Schedule-Clothing
Wage Schedule-Millinery
Part G : Provisions for the Western Cape Region (Country Areas)
Minimum Wage Schedule
Part H : Provisions for the Western Cape Region (Knitting)
Wage Schedule - Knitting Establishments
Part I : Provisions for the Non-Metro Areas
1. Scope of Application
2. Period of Operation of this Part of the Agreement
3. Definitions
4. Remuneration
5. Payment of Remuneration
6. Information Concerning Remuneration
7. Deductions and Other Matters Concerning Remuneration
8. Hours of Work and Overtime
9. Night Work
10. Compressed Working Week
11. Averaging Hours of Work
12. Payment for Work on a Sunday
13. Public Holidays
14. Annual Leave
15. Sick Leave
16. Maternity Leave
17. Family Responsibility Leave
18. Piece-Work
19. Commission Work
20. Prohibition of Employment
21. Termination of Contract of Employment
22. Severance Pay
23. Certificate of Service
24. Uniforms, Overalls and Protective Clothing
25. Attendance Register
26. Written Particulars of Employment
27. Log Book
28. Keeping of this Part of the Agreement
29. Registration of Employers
30. Registration of Employees
31. Exemptions
32. Council Funds
33. Agents
34. Dispute Procedure
35. Trade Union Access to Workplace
36. Deduction/Payment of Trade Union Subscriptions of Levies
37. Trade Union's Representatives on the Council
38. Disputes in Regard to Organisational Rights
39. Terms and Conditions more Favourable
40. Frequency of Negotiations and Industrial Union
41. Atypical Work, Outsourcing and Subcontracting
42. Provident Fund Contributions
43. Industry Protection Fund
44. HIV/AIDS
45. Contract Employees
46. Closed Shop
47. Working in Arrangements
Annexures
Annexure A
1. Introduction
2. Objectives
3. Policy Principles
4. Application and Scope
5. Legal Framework
6. Promoting a Non-Discriminatory Work Environment
7. HIV Testing, Confidentiality and Disclosure
8. Promoting a Safe Workplace
9. Compensation for Occupationally Acquired HIV
10. Employee Benefits
11. Dismissal
12. Grievance Procedures
13. Management of HIV in the Workplace
14. Assessing the Impact of HIV/AIDS on the Workplace
15. Measures to Deal with HIV/AIDS within the Workplace
16. Information and Education
Glossary
Annexure C : Industry Protection Fund
Annexure D : Contract Employees
Extension to Non-parties of the National Main Collective Agreement
Notice No. R.80 of 2020
Schedule
1. Scope of Application
2. Period of Operation of this Agreement
Consolidated Provident Fund Collective Agreement
KwaZulu-Natal
Notice No. R. 1516 of 1998
Schedule
1. Scope of Application
2. Period of Operation of Agreement
3. Definitions
4. Provident Fund
5. Establishment and Functions of ...
6. Contributions
7. Finance
8. Payment of Benefits
9. Amount of Benefit
10. Declaration of the Annual Rate of ...
11. Housing and Mortgage Loans
12. Benefits not to be Ceded or Assigned
13. Dissolution of the Fund
14. Agents
15. Exemptions
A. For any business entity registered with...
B. For any employer who is a party or...
16. Indemnity
17. Exhibition of Agreement
18. Dispute Procedure
19. Transfers
20. Frequency of Negotiations ...
[Cancelled] Extention to Non-Parties of the COVID-19 Lockdown Collective Agreement
Notice No. R. 403 of 2020
Schedule
1. Preamble
2. Scope and Effective Date
3. Access to Unemployment Insurance Fund (UIF) Finance
4. Payments to Employees
5. 2020 Round of Substantive Negotiations
6. COVID-19 Lockdown Period
7. COVID-19 Post-Lockdown Period
8. Dispute Resolution
9. Other Conditions
Annexure A
1. Strengthening Industry Healthcare Provisions
2. Strengthening Trade Union Organisational Rights
Cancellation of Government Notice. No. R.403 : Extension to Non-Parties of the COVID-19 Lockdown Collective Agreement
Notice No. R. 588 of 2020
[Cancelled] Extension to Non-Parties of the COVID-19 Lockdown II Collective Agreement
Notice No. R. 588 of 2020
Schedule
1. Preamble
2. Scope and Effective Date
3. Access to Unemployment Insurance Fund (UIF) Finance
4. COVID-19 Relief Payments to Employees
5. 2020 Round of Substantive Negotiations
6. COVID-19 Lockdown Period
7. COVID-19 Post-Lockdown Period
8. Dispute Resolution
9. Exemptions Procedure
10. Other Conditions
Annexure A
1. Strengthening Industry Healthcare Provisions
2. Strengthening Trade Union Organisational Rights
Cancellation of Government Notice. No. R. 588 : Extension to Non-Parties of the COVID-19 Lockdown II Collective Agreement
Notice No. R. 593 of 2020
Extension to Non-Parties of the COVID-19 Lockdown II Collective Agreement
Notice No. R. 594 of 2020
Schedule
1. Preamble
2. Scope and Effective Date
3. Access to Unemployment Insurance Fund (UIF) Finance
4. COVID-19 Relief Payments to Employees
5. 2020 Round of Substantive Negotiations
6. COVID-19 Lockdown Period
7. COVID-19 Post-Lockdown Period
8. Dispute Resolution
9. Exemptions Procedure
10. Other Conditions
Annexure A
1. Strengthening Industry Healthcare Provisions
2. Strengthening Trade Union Organisational Rights
Extension to Non-Parties of the COVID-19 Personal Protection Equipment & other Essential Products Collective Agreement
Notice No. R. 750 of 2020
Schedule
1. Preamble
2. Scope and Effective Date
3. Manufacturing of Personal Protection Equipment & other Essential Products
4. Qualifying Companies
5. PPE & other Essential Products Manufacturing Standards
6. Terms and Conditions of Employment
7. Mitigation of Cost Implications
8. Powers, Functions and Meeting of the PPE Rapid Response Task Team
9. Dispute Resolution
10. Exemptions Procedure
11. Other Conditions
Extension to Non-Parties of the Main Amending Collective Agreement
Notice No. R. 421 of 2021
Schedule
1. Scope of Application
2. Period of Operation of this Agreement
Notice No. R. 1643 of 2021
Schedule
1. Scope of Application
2. Period of Operation of this Agreement
Notice No. R. 2848 of 2022
Schedule
1. Scope of Application
2. Period of Operation of this Agreement
Notice No. R. 4360 of 2024
Schedule
1. Scope of Application
2. Period of Operation of this Agreement
Extension of Period of Operation of the Main Collective Agreement to Non-parties
Notice No. R. 4490 of 2024
National Bargaining Council for the Electrical Industry of South Africa
Renewal of Period of Operation of the National Pension and Provident Funds Collective Agreement
Notice No. R. 515 of 2012
Extension of Consolidation of Collective Agreement to Non-Parties
Notice No. R. 485 of 2013
Schedule
Part I
1. Scope of application
2. Period of Operation
3. Exclusions
4. Industrial Action
5. Definitions
6. Levels of Bargaining
7. Days and Hours of Work
8. Refreshments Break
9. Overtime and payment for work on Sundays and Public Holidays
10. Night Work
11. Keeping of Records
12. Short Time
13. Inclement Weather
14. Civil Disorder
15. Payment of Remuneration and Deductions
16. Annual Leave and Annual Shutdown
17. Additional Paid Leave
18. Family Responsibility Leave
19. Maternity Leave
20. Trade Union Representatives' Leave
21. Sick Leave
22. Proof of Incapacity
23. Injury-on-Duty Allowance
24. Extension of Insurance Cover for Injury on Duty
25. Payment for Public Holidays
26. General Control
27. Termination of Employment and Severance Pay
28. Transfer of Contract of Employment
29. Interest
30. Trade Union Subscriptions and Employers' Organisation Levy
31. Benefit Funds
32. Closing of Establishment on an Ordinary Working Day
33. Registration of Employers and Employees
34. Limited Duration Contracts
35. Training of Employees
36. Outwork
37. Piecework and Incentives
38. Employment of Persons under 15 years of age
39. HIV Policy
40. Prohibition of Contract Work on a Labour-only basis
41. Temporary Employment Services
42. Prohibition of Cession and/or Set-off
43. First-Aid
44. Certificate of Service
45. Storage, Insurance and Provision of Tools
46. Administration of Agreement
47. Designated Agents
48. Trade Union Access
49. Exemptions
50. Negotiating Procedures
51. General Rules Governing Conciliations and Arbitrations Conducted under the Auspices of the Council
52. Resolution of Disputes
53. Enforcement of the Main Collective Agreement
54. General
Addendum 1
Pro Forma Limited Duration Contract of Employment Guideline
Part II
1. Allowances
2. Expenses of the Council
3. Wages and/or Earnings
4. Schedule of Wages and/or Earnings
5. Guaranteed Minimum Increases and Off-Set
6. Leave Bonus
7. Offices and Contact Details of the National Bargaining Council for the Electrical Industry of S.A.
National Pension and Provident Funds Collective Agreement
Schedule
1. Scope of Application
2. Period of Operation of Agreement
3. Definitions
4. Registration of Employers
5. Designated Agents
6. Exhibition of Agreement
7. Pension and Provident Funds (Regions A, A1, A2 and B only)
7. Pension Fund (Region C only)
8. Pension and Provident Funds (Region D only)
9. Exemptions
11. Interpretation, Application or Enforcement
12. Conciliation
[Cancelled] Extension of Consolidated Main Collective Agreement to Non-Parties
Notice No. R. 260 of 2017
Schedule
Part l: Scope of Application, Definitions, General Terms and Conditions of Employment
1. Scope of Application
2. Period of Operation
3. Industrial Action
4. Definitions
5. Levels of Bargaining
6. Days and Hours of Work
7. Refreshments Break
8. Overtime and Payment for Work on Sundays and Public Holidays
8A. Overtime Exemptions
9. Night Work
10. Keeping of Records
11. Short Time
12. Lay-Off
13. Inclement Weather
14. Civil Disorder
15. Payment of Remuneration and Deductions
16. Annual Leave and Annual Shutdown
17. Additional Paid Leave
18. Family Responsibility Leave
19. Maternity Leave
20. Trade Union Representatives' Leave
21. Injury-on-Duty Allowance
22. Extension of Insurance Cover or Injury on Duty
23. Payment for Public Holidays
24. General Control
25. Termination of Employment and Severance Pay
26. Transfer of Contract of Employment
27. Interest
28. Trade Union Subscriptions and Employers' Organisation Levy
29. Benefit Funds
30. Fixed Term Contracts
31. Closing of Establishment on an ordinary working day
32. Registration of Employers and Employees
32A. Compliance by Contractors sub contracting work to another person or to a subcontractor (including Temporary Employment Services)
33. Training of Electrical Construction Operators
34. Outwork
35. Piecework and Incentive Payments
36. Employment of persons under 15 years of age
37. HIV Policy
38. Temporary Employment Services
39. Temporary Employment Services provisions in respect of Employees earning below the earnings threshold
40. Prohibition of Cession and/or Set-Off
41. First-Aid
42. Certificate of service
43. Storage, Insurance and provision of tools
44. Administration of Agreement
45. Designated Agents
46. Trade Union access
47. Exemptions
48. Negotiating Procedures
49. General rules governing Conciliations and Arbitrations conducted under the auspices of the Council
50. Resolution of Disputes
(1) Procedure to enforce compliance with this agreement
(2) Procedure for Disputes about the Interpretation and/or Application of this Agreement for Council's Constitution
(3) Procedure for Unfair Dismissal and Unfair Labour Practice Disputes
(4) Procedures for disputes about negotiations
51. Enforcement of the Main Collective Agreement
52. General
Addendums
Addendum 1 : Pro Forma Fixed Term Contract of Employment Guideline
Addendum 2 : Temporary Employment Services (TES) Form
Part ll: Allowances, Wages, Bonuses
1. Allowances
2. Expenses of the Council
3. Wages and/or Earnings
4. Schedule of Wages and/or Earnings
5. Guaranteed Minimum Increases and Off Set
6. Leave Bonus
Part lll: Sick Benefit Fund Rules for the National Bargaining Council for the Electrical Industry of S.A.
1. Administration of the Fund
2. Regional Sick Benefit Fund Committees
3. Objective
4. Membership
5. Contributions
6. Benefits
7. General Provisions relating to the Payment of Claims
8. Payment Procedures
9. Indemnity
10. Exclusions
11. Exemptions
12. Benefits not Alienable or Executable
13. Governance of the Fund
14. Offices of the National Bargaining Council for the Electrical Industry of S.A.
15. Extension of Agreement
[Cancelled] Extension of National Pension and Provident Funds Collective Agreement to Non-Parties
Notice No. R. 592 of 2019
Schedule
1. Scope of Application
2. Period of Operation of Agreement
3. Industrial Action
4. Definitions
5. Registration of Employers
6. Designated Agents
7. Exhibition of Agreement
8. Pension and Provident Funds (Regions A, A1, and B only)
9. Pension Fund (Region C only)
10. Pension and Provident Funds (Region D only)
11. Exemptions for all Regions
12. Resolution of Disputes
Collective Bargaining Levy Agreement Extension of Period of Operation
Notice No. R. 1102 of 2019
[Cancelled] Notice No. 3025 of 2023
[Cancelled] Extension to Non-Parties of the Collective Bargaining Levy Agreement
Notice No. R. 222 of 2020
Extension to non-parties of the COVID-19 Lockdown Collective Agreement
Notice No. R. 485 of 2020
Schedule
1. Scope of Application
2. Period of Operation
3. Terms and Conditions
4. Access to Unemployment Insurance Fund (UIF) COVID-19 Benefits
5. Employers Obligations
6. Dispute Resolution
7. COVID-19 Post-Lockdown Period
8. Strengthening Industry Health and Safety Provisions
9. Offices of the National Bargaining Council for the Electrical Industry of S.A.
10. General
[Cancelled] Extension to Non-Parties of the Main Collective Agreement
Notice No. R. 389 of 2021
Schedule
Part l
1. Scope of Application
2. Period of Operation
Extension to Non-Parties of the Main Amending Collective Agreement
Notice No. R. 1585 of 2021
Schedule
Part 1
1. Scope of Application
2. Period of Operation
[Cancelled] Extension of Period of Operation of the Main Collective Agreement
Notice No. 2985 of 2023
Cancellation of Government Notice - R.592 of 18 April 2019
Notice No. R. 3369 of 2023
Cancellation of Government Notices - R.260 of 24 March 2017, R.389 of 30 April 2021 and R.2985 of 30 January 2023
Notice No. R. 3419 of 2023
Cancellation of Government Notices - R.222 and R.223 of 2020 and R.3025 of 2023
Notice No. R. 3421 of 2023
Extension of National Pension and Provident Funds Collective Agreement to Non-parties
Notice No. R. 3370 of 2023
Schedule
1. Scope of Application
2. Period of Operation
3. Industrial Action
4. Definitions
5. Registration of Employers
6. Designated Agents
7. Exhibition of Agreement
8. Pension and Provident Funds (Regions A, A1, and B only)
9. Pension Fund (Region C only)
10. Pension and Provident Funds (Region D only)
11. Exemptions for all Regions
12. Resolution of Disputes
13. Addenda
Addendum 1 - Tiers
Addendum 2 - Offices of the Bargaining Council
Extension to Non-parties of the Collective Bargaining Levy Agreement
Notice No. R. 3422 of 2023
Schedule
Clause 1 - Scope of Application
Clause 2 - Period of Operation
Clause 3 - Terms and Conditions
Clause 4 - Industrial Action
Clause 5 - Definitions
Clause 6 - Collective Bargaining Levy
Clause 7 - Payment of the Collective Bargaining Levy
Clause 8 - Exemptions and Appeals
Clause 9 - General Rules governing Conciliations & Arbitrations conducted under the auspices of the Council
Clause 10 - Resolution of Disputes
Clause 11 - General
Clause 12 - Offices of the National Bargaining Council for the Electrical Industry of S.A.
13. Addenda
Addendum 1 - Tiers
Addendum 2 - Offices of the Bargaining Council
Extension to Non-parties of the Main Collective Agreement
Notice No. R. 3423 of 2023
Schedule
Part l: Scope of Application, Definitions and General Terms and Conditions of Employment
Clause 1 - Scope of Application
Clause 2 - Period of Operation
Clause 3 - Industrial Action
Clause 4 - Definitions
Clause 5 - Levels of Bargaining
Clause 6 - Days and Hours of Work
Clause 7 - Refreshments Break
Clause 8 - Overtime and Payment for work on Sundays and Public Holidays
Clause 8A - Overtime Exemptions
Clause 9 - Night Work
Clause 10 - Keeping of Records
Clause 11 - Short Time
Clause 12 - Lay-Off
Clause 13 - Inclement Weather
Clause 14 - Civil Disorder
Clause 15 - National Disaster Management Act
Clause 16 - Payment of Remuneration and Deductions
Clause 17 - Annual Leave and Annual Shutdown
Clause 18 - Additional Paid Leave
Clause 19 - Family Responsibility Leave
Clause 20 - Maternity Leave
Clause 21 - Adoption Leave, Commissioning Parental Leave and Parental Leave
Clause 22 - Trade Union Representatives' Leave
Clause 23 - Injury-on-Duty Allowance
Clause 24 - Extension of Insurance Cover for Injury-on-Duty
Clause 25 - Payment for Public Holidays
Clause 26 - General Control
Clause 27 - Termination of Employment and Severance Pay
Clause 28 - Transfer of Contract of Employment
Clause 29 - Interest
Clause 30 - Trade Union Subscriptions and Employers' Organisation Levy
Clause 31 - Benefit Funds
Clause 32 - Fixed Term Contracts
Clause 33 - Registration of Employers and Employees
Clause 34 - Compliance by Contractors subcontracting work to another person or to a subcontractor (including Temporary Employment Services)
Clause 35 - Training of Electrical Construction Operators
Clause 36 - Outwork
Clause 37 - Piecework and Incentive Payments
Clause 38 - Employment of persons under 15 years of age
Clause 39 - HIV Policy
Clause 40 - Temporary Employment Services
Clause 41 - Temporary Employment Services provisions i.r.o. employees earning below the earnings threshold
Clause 42 - Prohibition of Cession and/or Set Off
Clause 43 - First-Aid
Clause 44 - Certificate of Service
Clause 45 - Storage, Insurance and Provision of Tools
Clause 46 - Administration of Agreement
Clause 47 - Designated Agents
Clause 48 - Trade Union access
Clause 49 - Exemptions
Clause 50 - Negotiating procedures
Clause 51 - General Rules governing Conciliations & Arbitrations under the auspices of Council
Clause 52 - Resolution of Disputes
Clause 53 - Enforcement of the Main Collective Agreement
Clause 54 - General
Part ll
Clause 1 - Allowances
Clause 2 - Bargaining Council Levy
Clause 3 - Wages and/or Earnings
Clause 4 - Schedule of Wages and/or Earnings
Clause 5 - Guaranteed Minimum Increases and Off-Set
Clause 6 - Catch-up Arrangement
Clause 7 - Leave Bonus
Part lll: Sick Benefit Fund Rules for the National Bargaining Council for the Electrical Industry of S.A.
Clause 1 - Administration of the Fund
Clause 2 - Regional Sick Benefit Fund Committees
Clause 3 - Objective
Clause 4 - Membership
Clause 5 - Contributions
Clause 6 - Benefits
Clause 7 - General provisions relating to the Administrationk of Claims
Clause 8 - Payment procedures
Clause 9 - Indemnity
Clause 10 - Exclusions
Clause 11 - Exemptions
Clause 12 - Benefits not alienable or executable
Addenda
Addendum 1 - Pro forma fixed term Contract of Employment Guideline
Addendum 2 - Temporary employment services (TES) form
Addendum 3 - Tiers
Tier 1
Tier 2
Tier 3
Addendum 4 - Offices of the Bargaining Council
Bargaining Council for the Fast Food, Restaurant, Catering and Allied Trades
Extension to non-parties of the Main Collective Agreement
Notice No. R. 5 of 2021
Schedule
1. Scope of Application
2. Period of Operation of Agreement
2A. Prohibition of further negotiation
3. Industrial Action
4. Definitions
5. Wages
6. Payment of Remuneration
7. Uniforms
8. Written particulars of Employment
9. Hours of Work, Overtime and Payment for Overtime
10. Public Holidays
11. Annual Leave
12. Sick Leave
13. Family Responsibility Leave
14. Maternity Leave
14A. Parental Leave
14B. Adoption Leave
14C. Commissioning Parental Leave
15. Prohibition of Child Labour and Forced Labour
16. Termination of Employment
17. Certificate of Service
18. Records to be Maintained
19. Registration of Employers and Employees
20. Payment of Contributions to Benefits Funds
21. Income and Expenses of the Council
21A. Default Payments
21B. Funeral Benefits
21C. Provident Fund
22. Membership of Employers' Organisations and Trade Unions as defined in the preamble to this Agreement, and Incidental Matters
23. Administration of Agreement, Agents and Designated Agents
23A. Powers of Designated Agent
24. Display of Agreement
25. Rights and Obligation of the Trade Union
26. The Code of Good Practice
27. Freedom of Association
28. Dispute resolution function of the Council
28A. Disputes pertaining to contravention of the Agreement
28A(A). Disputes about the Interpretation or Application of the Collective Agreement
28B. Disputes pertaining to Income and Expenses of the Council and Contributions to Funds
28C. Rules for the Conduct of Proceedings before the Bargaining Council for the Fast Food, Restaurant, Catering and Allied Trades
29. Exemptions
30. Ultra Vires
31. Inquiry by an Arbitrator
32. Independent Appeal Board
33. Code of Conduct of Commissioners
Annexures
Annexure A : Pay Envelopes
Annexure B : Commission Worker Register
Annexure C
Annexure D : Records to be kept by Employer
Annexure E : Certificate of Service
Annexure F : Statement
Annexure G : Time Table
Annexure H : Application for Exemption from certain provisions of the Collective Agreement (Clause 29)
Annexure I : Funeral Benefits (Clause 21B)
Annexure J : Application to the Exemptions Appeal Board (Clause 29)
Annexure K : Request for Inquiry by Arbitrator (Clause 31)
Annexure L : The Code of Good Practice
Introduction
2. Fair reasons for dismissal
3. Disciplinary measures short of dismissal
4. Fair procedure
5. Disciplinary records
6. Dismissals and industrial action
7. Guidelines in cases of dismissal for misconduct
8. Probation
9. Guidelines in cases of dismissal for poor work performance
10. Incapacity: ill health or injury
11. Guidelines in cases of dismissal arising from ill health or injury
Bargaining Council for the Fishing Industry
Extension to Non-parties of the Main Collective Agreement
Notice No. R. 587 of 2012
Section l : General
Part A : Introduction
1. Parties to the Agreement
2. Purpose of the Agreement
Part B : Application
3. Scope of Application
4. Period of Operation
5. Presumption as to who is an employee
Part C : Definitions
6. Interpretation
7. General Definitions
8. Job Descriptions
Section ll : Core Rights
Part D : Remuneration
9. Minimum Remuneration
10. Payment of Remuneration
11. Deductions
Part E : Benefits
12. Protective Clothing
13. Towage Allowance
14. Death and Disability
15. Medical Aid
Part F : Hours of Work
16. Hours of Work
17. Rest Periods
18. Periods of Lay-off
Part G : Leave
19. Annual Leave
20. Sick Leave
21. Maternity Leave
22. Family Responsibility Leave
Part H : Employment
23. Appointments
24. Prohibition of Employment of Children
25. Medical Examinations
26. Prohibition of Forced Labour
27. Conditions of Employment
28. Particulars of Employment
29. Keeping of Records
Part I : Termination of Contract of Employment
30. Termination
31. Payment on Termination
32. Severance Pay
Part J : General
33. The Limitation on the Right to Strike
34. Rights of Employees
35. Codes of Good Practice
35A. Organisational Rights
Section lll : Regulation of Agreement
Part K : Monitor and Enforcement
36. Administration
37. Exemption and Appeal Criteria
38. Non-Compliance
39. Designated Agent(s)
40. Compliance Order
Part L : Legal Proceedings
41. Arbitration
42. Fines
Annexures
Annexure A : Deep-Sea Bottom Trawl Sector Chamber
A.1. Minimum Deep-Sea Remuneration
A.2. Minimum Deep-Sea Rest Periods
Annexure B : Inshore Bottom Trawl Sector Chamber
B.1. Minimum Inshore Remuneration
B.2. Minimum Inshore Rest Periods
Annexure C : Mid-Water Trawl Sector Chamber
C.1. Minimum Mid-Water Remuneration
Section IV : Consensus
43. Deep-Sea Trawl Chamber
44. Inshore Bottom Trawl Chamber
45. Mid-Water Bottom Trawl Chamber
Extension of Period of Operation of Main Collective Agreement
Notice No. R. 280 of 2019
Section l : General
Part A : Introduction
1. Parties to the Agreement
2. Purpose of the Agreement
Part B : Application
3. Scope of Application
4. Period of Operation
Section ll : Core Rights
Part D : Remuneration
9. Minimum Remuneration
Annexures
Annexure B : Inshore Bottom Trawl Sector Chamber - Year One
B.1. Minimum Inshore Remuneration
Annexure B : Inshore Bottom Trawl Sector Chamber - Year Two
B.1. Minimum Inshore Remuneration
Notice No. R. 1362 of 2020
Notice No. R. 440 of 2021
Notice No. R. 1641 of 2021
Notice No. R. 2206 of 2022
Notice No. R. 2881 of 2022
Notice No. R. 3610 of 2023
Notice No. R. 3925 of 2023
Renewal of Period of Operation of Main Collective Agreement
Notice No. R. 795 of 2020
Variation of Scope of the Bargaining Council for the Fishing Industry
Notice No. R. 3418 of 2023
Annexure
Extension to Non-parties of the Main Collective Agreement
Notice No. R. 3970 of 2023
Section I : General
Part A: Introduction
1. Parties to the Agreement
2. Purpose of the Agreement
Part B: Application
3. Scope of Application
4. Period of Operation
5. Presumption as to who is an Employee
Part C: Definitions
6. Interpretation
7. General Definitions
8. Summary of Rank Roles
Section II : Core Rights
Part D: Remuneration
9. Minimum Remuneration
10. Payment of Remuneration
11. Deductions
Part E: Benefits
12. Protective Clothing
13. Towage Allowance
14. Death and Disability
15. Medical Aid
Part F: Hours of Work
16. Hours of Work
17. Rest Period
18. Periods of Lay-Off
Part G: Leave
19. Annual Leave as amended in the BCEA
20. Sick Leave as amended as per Section 22-24 of the BCEA January 2020
Maternity Leave, Paternity, Adoption Leave, Commissioning Parental Leave
21. Maternity Leave, as amended as per Sections 25 and 26 in the BCEA January 2020
22. Family Responsibility Leave
Part H: Employment
23. Appointments
24. Prohibition of Employment of Children
25. Medical Examinations
26. Prohibition of Forced Labour
27. Conditions of Employment
28. Particulars of Employment
29. Keeping of Records
Part I: Termination of Contract of Employment
30. Termination
31. Payment on Termination
32. Severance Pay
Part J: General
33. The Limitation on the Right to Strike
34. Rights of Employees
35. Codes of Good Practice
35A. Organisational Rights
Section III : Regulation of Agreement
Part K: Monitor and Enforcement
36. Administration
37. Exemption and Appeal Criteria
38. Non-Compliance
39. Designated Agent(s)
40. Compliance Order
Part L: Legal Proceedings
41. Arbitration
42. Fines
Annexures
Annexure A: Deep-Sea Bottom Trawl Sector Chamber
Annexure B: Inshore Bottom Trawl Sector Chamber
Section IV: Consensus
Bargaining Council for the Restaurant, Catering and Allied Trades
Extension to Non-parties of the Main Collective Agreement
Notice No. R. 632 of 2017
Schedule
1. Scope of Application of Agreement
2. Period of Operation of Agreement
3. Industrial Action
4. Definitions
5. Remuneration : Wages
6. Payment of Remuneration
7. Number of Days and Hours of Work, Ordinary and Overtime and Payment for Overtime
8. 13th Cheque
9. Training
10. Long Service Award
11. Provident Fund
12. Time and Wage Registers and Attendance Registers
13. Annual Leave
14. Public Holidays
15. Sick and Maternity Leave
15A. Sick Leave
15B. Maternity Leave
16. Proportion or Ratio and Promotions
17. Uniforms
18. Certificate of Service
19. Expenses of the Council
19A. Default Payments
20. Prohibition on Employment
21. Termination of Contract of Employment
22. Dispute Resolution functions of the Council
23. Exemptions
24. Administration of Agreement
25. Designated Agents and Agents
26. Effect of other Laws
27. Employers' Organisation Subscriptions
28. Code of Conduct
29. Hours of Business
30. Family Responsibility Leave
31. Registration of Employers
32. Exhibition of Agreement
33. Rights and Obligations of the Trade Union
Annexures
Annexure A : Sick Leave Certificate (Clause 15A)
Annexure B : Time and Wage Registers and Attendance Registers (Clause 12(2))
Annexure C : Monthly Return of Employees (Clauses 19)
Annexure D : Registration of all Employers and subsequent Notification of Changes (Clause 31)
Annexure E : Certificate of Service (Clause 18)
Annexure F : Schedule 8 - Code of Good Practice : Dismissal
1. Introduction
2. Fair reasons for dismissal
3. Disciplinary measures short of dismissal
4. Fair Procedure
5. Disciplinary records
6. Dismissals and industrial action
7. Guidelines in case of dismissal for misconduct
8. Probation
9. Guidelines in cases of dismissal for poor work performance
10. Incapacity : Ill health and injury
11. Guidelines in cases of dismissal arising from ill health or injury
Annexure G : Rules for Conciliation and Arbitrating Disputes : Bargaining Council for the Food Retail, Restaurant, Catering and Allied Trades
Part A : Serving and Filing Documents
1. Council addresses at which documents must be filed
2. How to calculate time periods
3. Who must sign documents
4. How to serve documents on other parties
5. How to prove that a document was served in terms of these rules
6. How to file documents with the Council
7. Documents and notices sent by registered post
8. How to seek condonation for documents served late
Part B : Conciliation of Disputes
9. How to refer a dispute to the Council for conciliation
10. What notice must the Council give of a conciliation hearing
11. Council may seek to resolve dispute before a conciliation hearing
12. What happens if a party fails to attend or is not represented at a conciliation hearing
13. How to determine whether the Council may conciliate a dispute
14. Issuing of a certificate in terms of section 135(5)
15. Conciliation proceedings may not be disclosed
Part C : Con-Arb
16. Conduct of con-arb in terms of section 191 (5A) of the Act
Part D : Arbitrations
17. How to request arbitration
18. When parties may be directed to file statements
19. When parties may be directed to hold a pre-arbitration conference
20. What notice must the Council give of an arbitration hearing
21. How to determine whether a commissioner may arbitrate a dispute
22. How to postpone an arbitration
Part E : Rules that apply to conciliations, arbitrations and con-arbs
23. Who may represent a party at the Council
24. How to join or substitute parties to proceedings
25. How to correct the citation of a party
26. When the Council may consolidate disputes
27. Disclosure of documents
28. What happens if a party fails to attend proceedings in rights disputes
29. What happens if a party fails to attend proceedings in interest disputes
Part F : Applications
30. How to bring an application
31. How to apply to vary or rescind arbitration awards or rulings
32. How to refer a dismissal dispute to the Labour Court
Part G : Pre-dismissal Arbitrations
33. How to request a pre-dismissal arbitration in terms of section 188A of the Act
Part H : General
34. Unrepresented applicants without postal addresses and fax numbers
35. Condonation for failure to comply with these Rules
36. Recording of Council proceedings
37. How to have a subpoena issued
38. Payment of witness fees
39. Taxation of bills of cost
40. What words mean in these Rules
Annexure H : Application for Exemption
Schedule 1
Schedule 2
Approval of Registration of a Bargaining Council
Notice No. R. 221 of 2020
Renewal of Period of Operation of the Main Collective Agreement
Notice No. R. 315 of 2020
Notice No. 3068 of 2023
Notice No. 4398 of 2024
Extension of Period of Operation of the Main Collective Agreement
Notice No. R. 1361 of 2020
Extension to Non-parties of the Main Collective Agreement
Notice No. R. 1756 of 2022
Schedule
1. Scope of Application of Agreement
2. Period of Operation of Agreement
3. Industrial Action
4. Definitions
5. Remuneration: Wages
6. Payment of Remuneration
7. Number of days and hours of work, ordinary and overtime, and payment for overtime
8. 13th Cheque
9. Training
10. Long Service Award
11. Provident Fund
12. Time and Wage Registers and Attendance Registers
13. Annual Leave
14. Public Holidays
15. Sick and Maternity Leave
15A. Sick Leave
15B. Maternity Leave
16. Proportion or Ratio and Promotions
17. Uniforms
18. Certificate of Service
19. Expenses of the Council
19A. Default Payments
20. Prohibition on Employment
21. Termination of Contract of Employment
22. Dispute Resolution functions of the Council
23. Exemptions
24. Administration of Agreement
25. Designated Agents and Agents
26. Effect of other Laws
27. Employers' Organisation Subscriptions
28. Code of Conduct
29. Hours of Business
30. Family Responsibility Leave
31. Registration of Employers
32. Exhibition of Agreement
33. Rights and Obligations of the Trade Union
Annexures
Annexure A - Certificate required in terms of the Bargaining Council Agreement for the Food Retail, Restaurant, Catering & Allied Trades
Annexure B - Time and Wage Registers and Attendance Registers
Annexure C - Monthly Return of Employees
Annexure D - Registration of all Employers & subsequent notification of changes
Annexure E - Certificate of Service
Annexure F - Code of Good Practice: Dismissal (Schedule 8)
Annexure G - Rules for Conciliation and Arbitrating Disputes in the Bargaining Council for the Food Retail, Restaurant, Catering and Allied Trades
Part A: Serving and Filing Documents
1. Council addresses at which documents must be filed
2. How to calculate time periods
3. Who must sign documents
4. How to serve documents on other parties
5. How to prove that a document was served in terms of these rules
6. How to file documents with the Council
7. Documents and notices sent by registered post
8. How to seek condonation for documents served late
Part B: Conciliation of Disputes
9. How to refer a dispute to the Council for conciliation
10. What notice must the Council give of a conciliation hearing
11. Council may seek to resolve dispute before a conciliation hearing
12. What happens if a party fails to attend or is not represented at a conciliation hearing
13. How to determine whether the Council may conciliate a dispute
14. Issuing of a certificate in terms of section 135(5)
15. Conciliation proceedings may not be disclosed
Part C: Con-Arb
16. Conduct of con-arb in terms of section 191(5A) of the Act
Part D: Arbitrations
17. How to request arbitration
18. When parties may be directed to file statements
19. When parties may be directed to hold a pre-arbitration conference
20. What notice must the Council give of an arbitration hearing
21. How to determine whether a commissioner may arbitrate a dispute
22. How to postpone an arbitration
Part E: Rules that apply to Conciliations, Arbitrations and Con-Arbs
23. Who may represent a party at the Council
24. How to join or substitute parties to proceedings
25. How to correct the citation of a party
26. When the Council may consolidate disputes
27. Disclosure of documents
28. What happens if a party fails to attend proceedings in rights disputes
29. What happens if a party fails to attend proceedings in interest disputes
Part F: Applications
30. How to bring an application
31. How to apply to vary or rescind arbitration awards or rulings
32. How to refer a dismissal dispute to the Labour Court
Part G: Pre-Dismissal Arbitrations
33. How to request a pre-dismissal arbitration in terms of section 188A of the Act
Part H: General
34. Unrepresented applicants without postal addresses and fax numbers
35. Condonation for failure to comply with these Rules
36. Recording of Council proceedings
37. How to have a subpoena issued
38. Payment of witness fees
39. Taxation of bills of cost
40. What words mean in these Rules
Annexure H - Application for Exemption
Schedule 1
Schedule 2
Extension to Non-parties of the Main Collective Agreement
Notice No. R. 4751 of 2024
Schedule
1. Scope of Application
2. Period of Operation of Agreement
3. Industrial Action
4. Definitions
5. Wages
6. Payment of Remuneration
7. Paid Holidays
8. Uniforms, Overalls and Protective Clothing
9. Hours of Work, Overtime and Payment for Overtime
10. Prohibition of Employment
11. Special-Function Casual Employees
12. Contract of Employment
13. Notice of Termination of Contract of Employment
14. Sick Leave
15. Maternity Leave
15A. Parental Leave
15B. Adoption Leave
15C. Commissioning Parental Leave
16. Annual Leave
16A. Family Responsibility Leave
17. Meals, Transport and Late Night Work
18. Records to be Maintained
19. Registration of Employers and Employees
20. Certificate of Service
21. Income and Expenses of the Council
21A. Default Payments
21B. Funeral Benefits
21C. Provident Fund
22. Membership of Employer's Organisation and Trade Unions as defined in the Preamble to this Agreement, and Incidental Matters
23. Administration of Agreement and Designated Agents
23A. Powers of Designated Agents
24. Exhibition of Agreement
25. Rights and Obligations of the Trade Union
26. The Code of Good Practice
27. Freedom of Association
28A. Disputes pertaining to Contraventions of the Agreement
28AA. Disputes about the Interpretation or Application of the Collective Agreement
28B. Disputes pertaining to Income and Expenses of the Council and Contributions to Funds
28C. Rules for the Conduct of Proceedings before the Bargaining Council for the Restaurant, Catering and Allied Trades
29. Exemptions
30. Ultra Vires
31. Inquiry by an Arbitrator
Annexures
Annexure A
Bargaining Council for the Furniture Manufacturing Industry
[Cancelled] Main Collective Agreement
Notice No. R. 903 of 2014
Schedule
Chapter 1
1. Scope of Application
2. Period of Operation of Agreement
3. Industrial Action
4. Definitions
5. Prohibition of Two-Tier Bargaining and Threshold - Trade Union Organisational Rights
6. Registration of Employers
7. Newly Established Small Employer Concession
8. Newly Employed Employee Concession
9. Terms of Employment
10. General
11. Exemptions
12. Leave Pay Fund
13. Holiday Bonus Fund
14. Remuneration
Chapter 2 : Council Benefit Funds
1. Establishment and Continuation of Council Benefit Funds/Schemes
2. Objectives of the Council Benefit Funds/Schemes
3. Membership of The Council Benefit Funds/Schemes
4. Contributions and Loan Repayment to the Council Benefit Funds/Schemes and the Additional Provident Fund
5. Administration of the Council Benefit Funds/Schemes
6. Operation of the Council Benefit Funds/Schemes
7. Auditing of the Council Benefit Funds/Schemes
8. Expiry of the Collective Agreement
9. Liquidation of the Council Benefit Funds/Schemes
10. Benefits Inalienable
11. Withholding of Benefits
12. Payment of Contributions, Levies and Fees
13. Amendment to the Rules
Chapter 3 : Negotiating Procedures and Dispute Settlement Procedures
1. Preamble
2. Procedure for the negotiation of collective agreements
3. Disputes between parties to the bargaining council
4. All other disputes
5. General
Chapter 4 : Occupation Skills Levels - Furniture, Bedding and Upholstery Sector
1. General worker
2. Semi-skilled employee
3. Skilled employee
4. Chargehand
5. Foreman/Supervisor
Addendum 1 : Contributions, Levies and Registration Fees payable to the Council
1. Leave Pay Fund Contributions
2. Holiday Bonus Fund Contributions
3. Provident Fund Contributions
4. Additional Provident Fund Contributions
5. Sick Benefit Societies
6. Council Levies
7. Registration Fee
8. Death and Disability Scheme (D.D.S.) Contributions and Provident Fund Contributions in respect of the Newly Employed Employee Concession
9. Standard Death and Disability Scheme (Standard D.D.S.) Contributions
10. Death and Disability Scheme (D.D.S.) Contributions in respect of the newly established Small Employer Concession
Addendum 2 : Prescribed across the board increases of actual hourly rates of pay, minimum hourly rates of pay and subsistence allowance (for all areas excluding the Free State Province)
Addendum 3 : Prescribed across the board increases of actual hourly rates of pay, minimum hourly rates of pay and subsistence allowance (for the Free State Province ONLY)
Addendum 4 : Consumer Price Index (CPI) Indicators - Across the board wage increases of actual hourly rates of pay effective from the first full pay week of May 2019 in respect of Addendums 2 and 3 Chapter 1
[Cancelled] Cancellation of Government Notice
[Cancelled] Notice No. 324 of 2020
[Cancelled] Extension to Non-Parties of the Main Collective Agreement
[Cancelled] Notice No. 324 of 2020
Schedule
Chapter 1
1. Scope of Application
2. Period of Operation of Agreement
3. Industrial Action
4. Definitions
5. Prohibition of Two-Tier Bargaining and Threshold - Trade Union Organisational Rights
6. Registration of Employers and Employees
7. Newly Established Small Employer Concession
8. Newly Employed Employee Concession
9. Terms of Employment
10. General
10.1 Work under an incentive scheme
10.2 Temporary employment services and/or labour brokers
10.3 Outwork
10.4 Provision of tools
10.5 Employment of children and forced labour
10.6 Working employers
10.7 Prohibited employment
10.8 Employment of trade union members
10.9 Trade union representatives on the Council and committees of a national character in the Industry
10.10 Subscriptions to trade unions
10.11 Council levies and Dispute Resolution levies
10.12 Exhibition of Agreement and notices
10.13 Administration and enforcement of Agreement
10.14 Provisions declared ultra vires
10.15 Protective clothing
10.16 Compulsory retirement age
10.17 Late/non-payment and allocation of fees, levies and contributions
10.18 Interest payable on outstanding/unpaid fees, levies and contributions
10.19 Audit and accounting
11. Exemptions
11.1 Exemptions Body and Independent Appeal Body
11.2 Administration
12. Leave Pay Fund
13. Holiday Bonus Fund
14. Remuneration
14.1 Wages
14.2 Set-off of wages
14.3 Hourly rates of pay
14.4 Basis of payment
14.5 Employees engaged in more than one occupation skills level
14.6 Wage payment procedure
14.7 Remuneration for overtime and work on a Sunday
14.8 Remuneration for work on public holidays
14.9 Remuneration for time worked in
14.10 Payment of night shift allowance
14.11 Set-off against annual wage increases
14.12 Subsistence allowance
Chapter 2 : Council Benefit Funds/Schemes
1. Establishment and Continuation of Council Benefit Funds/Schemes
2. Objectives of the Council Benefit Funds/Schemes
3. Membership of the Council Benefit Funds/Schemes
4. Contributions and existing Loan Repayments to the Council Benefit Funds/Schemes
5. Administration of the Council Benefit Funds/Schemes
6. Operation of the Council Benefit Funds/Schemes
7. Auditing of the Council Benefit Funds/Schemes
8. Expiry of the Collective Agreement
9. Liquidation of the Council Benefit Funds/Schemes
10. Benefits Inalienable
11. Withholding of Benefits
12. Payment of Fees, Levies and Contributions
13. Amendment to the Rules
Chapter 3 : Negotiating Procedures and Dispute Settlement Procedures
1. Preamble
2. Procedure for the negotiation of collective agreements
3. Disputes between parties to the bargaining council
4. All other disputes
5. General
Chapter 4 : Occupation Skills Levels - Furniture, Bedding and Upholstery Sector
1. General Worker
2. Semi-skilled employee
3. Skilled employee
4. Chargehand
5. Foreman/Supervisor
Addendum 1 : Fees, Levies and Contributions payable to the Council
1. Leave Pay Fund Contributions
2. Holiday Bonus Fund Contributions
3. Provident Fund Contributions
4. Dispute Resolution Levy
4. Sick Benefit Societies
5. Council Levies
6. Registration Fee
7. Death and Funeral Scheme (D.F.S.) Contributions and Provident Fund Contributions in respect of the newly employed employee concession
8. Standard Death and Funeral Scheme (Standard D.D.S.) Contributions
9. Death and Funeral Scheme (D.F.S.) Contributions in respect of the newly established Small Employer Concession
Addendum 2 : Prescribed across the board increases of actual hourly rates of pay, minimum hourly rates of pay and subsistence allowance (for all areas excluding the Free State Province)
Addendum 3 : Prescribed across the board increases of actual hourly rate of pay, minimum hourly rates of pay and subsistence allowance (for the Free State Province ONLY)
Addendum 4 : Inflation Parameters
Annexures
Annexure A : Agreement on Picketing
[Cancelled] Notice No. 333 of 2020
Schedule
Chapter 1
1. Scope of Application
2. Period of Operation of Agreement
[Cancelled] Notice No. R. 30 of 2021
Schedule
1. Scope of Application
2. Period of Operation of Agreement
[Cancelled] Notice No. 233 of 2021
Schedule
Chapter 1
1. Scope of Application
2. Period of Operation of Agreement
Cancellation of Government Notice
Notice No. R. 2314 of 2022
[Cancelled] Extension to Non-Parties of the Main Collective Agreement
Notice No. R. 2314 of 2022
Schedule
Chapter 1
1. Scope of Application
2. Period of Operation of Agreement
3. Industrial Action
4. Definitions
5. Prohibition of two-tier bargaining and threshold - Trade Union Organisational Rights
6. Registration of Employers
7. Newly established Small Employer Concession
8. Newly employed Employee Concession
9. Terms of Employment
10. General
11. Exemptions
12. Leave Pay Fund
13. Holiday Bonus Fund
14. Remuneration
Chapter 2: Council Benefit Funds
1. Establishment and Continuation of Council Benefit Funds/Schemes
2. Objectives of the Council Benefit Funds/Schemes
3. Membership of the Council Benefit Funds/Schemes
4. Contributions and existing loan repayments to the Council Benefit Funds/Schemes
5. Administration of the Council Benefit Funds/Schemes
6. Operation of the Council Benefit Funds/Schemes
7. Auditing of the Council Benefit Funds/Schemes
8. Expiry of the Collective Agreement
9. Liquidation of the Council Benefit Funds/Schemes
10. Benefits inalienable
11. Withholding of Benefits
12. Payment of Fees, Levies and Contributions
13. Amendment to the Rules
Chapter 3: Negotiating Procedures and Dispute Settlement Procedures
1. Preamble
2. Procedure for the negotiation of collective agreements
3. Disputes between parties to the bargaining council
4. All other disputes
5. General
Chapter 4: Occupation Skills Levels - Furniture, Bedding and Upholstery Sector
1. General worker
2. Semi-skilled employee
3. Skilled employee
4. Chargehand
5. Foreman/Supervisor
Addendum 1: Fees, Levies and Contributions payable to the Council
1. Leave Pay Fund Contributions
2. Holiday Bonus Fund Contributions
3. Provident Fund Contributions
4. Sick Benefit Societies
5. Death and Funeral Scheme (D.F.S.) Contributions and Provident Fund Contributions in respect of the Newly Employed Employee Concession
6. Standard Death and Funeral Scheme (Standard D.F.S.) Contributions
7. Death and Funeral Scheme (D.F.S.) Contributions in respect of the Newly Established Small Employer Concession
8. Registration Fee as was gazetted under Government No 43110 under Notice R.324 of 20 March 2020
9. Council Levies
10. Dispute Resolution Levy
11. Exemption Fee
Addendum 2: Prescribed across the board increases of actual hourly rate of pay, minimum hourly rates of pay and subsistence allowance (for all areas excluding the Free State Province)
Addendum 3: Prescribed across the board increases of actual hourly rates of pay, minimum hourly rates of pay and subsistence allowance (for the Free State Province ONLY)
Annexures
Annexure A : Agreement on Picketing
Cancellation of Government Notice
Notice No. 1727 of 2023
Extension to Non-Parties of the Main Collective Agreement
Notice No. 1727 of 2023
Schedule
Chapter 1
1. Scope of Application
2. Period of Operation of Agreement
3. Industrial Action
4. Definitions
5. Prohibition of two-tier bargaining and threshold - Trade Union Organisational Rights
6. Registration of Employers and Employees
7. Newly established Small Employer Concession
8. Newly employed Employee Concession
9. Terms of Employment
10. General
11. Exemptions
12. Leave Pay Fund
13. Holiday Bonus Fund
14. Remuneration
Chapter 2: Council Benefit Funds
1. Establishment and Continuation of Council Benefit Funds/Schemes
2. Objectives of the Council Benefit Funds/Schemes
3. Membership of the Council Benefit Funds/Schemes
4. Contributions and existing loan repayments to the Council Benefit Funds/Schemes
5. Administration of the Council Benefit Funds/Schemes
6. Operation of the Council Benefit Funds/Schemes
7. Auditing of the Council Benefit Funds/Schemes
8. Expiry of the Collective Agreement
9. Liquidation of the Council Benefit Funds/Schemes
10. Benefits inalienable
11. Withholding of Benefits
12. Payment of Fees, Levies and Contributions
13. Amendment to the Rules
Chapter 3: Negotiating Procedures and Dispute Settlement Procedures
1. Preamble
2. Procedure for the negotiation of collective agreements
3. Disputes between parties to the bargaining council
4. All other disputes
5. General
Chapter 4: Occupation Skills Levels - Furniture, Bedding and Upholstery Sector
1. General worker
2. Semi-skilled employee
3. Skilled employee
4. Chargehand
5. Foreman/Supervisor
Addendum 1: Fees, Levies and Contributions payable to the Council
1. Leave Pay Fund Contributions
2. Holiday Bonus Fund Contributions
3. Provident Fund Contributions
4. Sick Benefit Societies
5. Death and Funeral Scheme (D.F.S.) Contributions and Provident Fund Contributions in respect of the Newly Employed Employee Concession
6. Standard Death and Funeral Scheme (Standard D.F.S.) Contributions
7. Death and Funeral Scheme (D.F.S.) Contributions in respect of the Newly Established Small Employer Concession
8. Registration Fee
9. Council Levies
10. Dispute Resolution Levy
11. Exemption Fee
Addendum 2: Prescribed across the board increases of actual hourly rate of pay, minimum hourly rates of pay and subsistence allowance (for all areas excluding the Free State Province)
Addendum 3: Prescribed minimum hourly rates of pay effective for 52 weeks from 1 March 2024 (for the Free State Province ONLY)
Addendum 4: Consumer Price Index (CPI) Indicators - Across the board wage increases of actual hourly rates of pay effective from the first full pay week of May 2024 in respect of Addendums 2 and 3
Annexures
Annexure A : Agreement on Picketing
Extension to Non-Parties of the Main Collective Amending Agreement
Notice No. R. 3561 of 2023
Schedule
Chapter 1
1. Scope of Application
2. Period of Operation of Agreement
Notice No. R. 4026 of 2023
Schedule
Chapter 1
1. Scope of Application
2. Period of Operation of Agreement
Notice No. R. 4233 of 2024
Schedule
Chapter 1
1. Scope of Application
2. Period of Operation of Agreement
Notice No. R. 4752 of 2024
Schedule
Chapter 1
1. Scope of Application
2. Period of Operation of Agreement
Renewal of Period of Operation
[Cancelled] Notice No. R. 37 of 2016
[Cancelled] Notice No. 368 of 2016
Notice R. 1037 of 2019
Notice No. 333 of 2020
Notice No. 436 of 2020
Bargaining Fee Collective Agreement
Collective Bargaining Fee Agreement
Schedule
1. Scope of Application
2. Period of Operation of Agreement
3. Terms and Conditions
4. Definitions
5. Collective Bargaining Fee
6. Unpaid Collective Bargaining Fees
7. Exemptions and Appeals
7.1 Exemptions Body and Independent Exemptions Appeal Body
7.2 Administration
Extension of Period of Operation
Notice No. 496 of 2018
Notice No. 213 of 2021
Notice No. 998 of 2022
Notice No. 1686 of 2023
Renewal of Period of Operation
Notice No. R. 1037 of 2019
Notice No. 436 of 2020
Notice No. R. 4951 of 2024
South Western Districts
Main Collective Agreement
Notice No. 497 of 2018
Schedule
Part l
1. Scope of Application of Agreement
A. Administrative Issues
2. Period of Operation of Agreement
3. Definitions
4. Exemptions and Appeals
5. Registration of Employers and Employees
6. Exhibition of Agreement
7. Keeping of Records
8. Trade Union Representatives on the Council
9. Administration of Agreement
10. Agents
11. Monthly Statements
12. Compulsory Retirement Age
13. Weekly Return of Employees
B. Terms and Conditions of Employment
14. Dispute Resolution
15. Piecework
16. Incentive Bonus
17. Outwork
18. Hours of Work
19. Short time
20. Payment of Remuneration
21. Overtime
22. Employees receiving higher wages than those prescribed
23. Wages
24. Employment of Minors
25. Forenoon and Afternoon Intervals
26. Employees engaged in more than one operation
27. Abatement of Wages
28. Contract of Service
29. Termination of Employment
30. Basis of Payment
31. Night-Shift work
32. Hourly Rates
33. Sick Leave
34. Trial Period
35. Maternity Leave and Temporary Contract Employees
36. Severance Pay
37. Casual Employees
38. New Entrant
39. Family Responsibility Leave
40. Trade Union Representatives
41. Subsistence Allowance
42. Industry Recruitment Policy
C. Contributions and Deductions
43. Expenses of the Council
44. Trade Union Contributions
45. Holidays and The Holiday Bonus Fund
46. Provident Fund
47. Levies payable by Employers who are members of the Employers' Association
48. Medical Assistance Scheme
Part ll : Occupation Skills Levels - Furniture Manufacturing Industry
1. Unskilled Employees (Skill Level Code - 1)
2. Semi-skilled Employees (Skill Level Code - 2)
3. Skilled Employees (Skill Level Code - 3)
4. Chargehand (Skill Level Code - 4)
5. Foreman/Supervisors (Skill Level Code - 5)
Part lll
Annexure A : Minimum Wage Rates - New Wage Rates and for New Entrants
Annexure B : Notice required under clause 18 of Part l of the Agreement
Annexure C : Registration as Employer
Annexure D : Notice required in terms of clause 13
Annexure E : Letter of Appointment to be completed in terms of Clause 28(2)
Annexure F : Conciliation and Arbitration Guidelines
1. Introduction
2. Purpose of guidelines
3. Applications for condonation
4. Province in which dispute is to be conciliated
5. Jurisdictional disputes
6. Discretion to assume jurisdiction
7. Failure to attend conciliation proceedings
8. Representation at conciliation proceedings
9. Application for postponement
10. Impartiality of Commissioners
11. Conclusion
Annexure G : Monthly Statement to be submitted in terms of Clause 11
Extension to Non-parties of the Main Collective Amending Agreement
Notice No. R. 613 of 2019
Part 1
1. Scope of Application of Agreement
A. Administrative Issues
2. Period of Operation of Agreement
Renewal of Period of Operation of the Main Collective Agreement
Notice No. R. 1155 of 2020
Notice No. R. 955 of 2021
Western Cape
[Cancelled] Extension to non-parties of the Main Collective Agreement
Notice No. R. 708 of 2016
Schedule
Part l
A - Administrative issues
Clause 1 - Scope of application of Agreement
Clause 2 - Period of operation of Agreement
Clause 3 - Definitions
Clause 4 - Exemptions
Clause 5 - Registration of Employers
Clause 6 - Exhibition of Agreement
Clause 7 - Keeping of records
Clause 8 - Trade Union Representatives on the Council
Clause 9 - Trade Union Office Bearers
Clause 10 - Administration of Agreement
Clause 11 - Agents
Clause 12 - Monthly Statement
Clause 13 - Normal retirement age
Clause 14 - Weekly return of Employees
Clause 15 - Dispute resolution procedure
B - Terms and conditions of employment
Clause 16 - Hours of work
Clause 17 - Payment of remuneration
Clause 18 - Employment of Minors
Clause 19 - Forenoon and afternoon intervals
Clause 20 - Abatement of wages
Clause 21 - Termination of employment
Clause 22 - Night shift work
Clause 23 - Hourly Rate
Clause 24 - Sick leave
Clause 25 - Maternity leave and temporary contract Employees
Clause 26 - Severance pay
Clause 27 - Casual Employees
Clause 28 - Family responsibility leave
Clause 29 - Trade Union representatives
Clause 30 - Time off work to attend further training or further education courses
Clause 31 - Shutdown period
Clause 32 - Annual Leave
Clause 33 - Short Time
Clause 34 - New Industry Entrant Employee contributions grace period
Clause 35 - Fixed term contracts of employment
C - Contributions and deductions
Clause 36 - Expenses of the Council - Council Levy
Clause 37 - Holidays and Holiday and Bonus Fund
Clause 38 - Subsistence allowance
Clause 39 - Trade Union contributions
Clause 40 - Levies payable by Employers who are members of the Employers' Association
Clause 41 - Provident Fund contributions
Clause 42 - Medical Ill Health Benefit Fund
Part ll
Clause 43 - Wages increase
Clause 44 - Fines
Part lll
Annexures
Annexure A - Job Grading and minimum new entrant wages
A. Occupation Skills Levels
B. Specified Minimum Weekly Wage Rates for New Employees
Annexure B - Monthly statement to be submitted in terms of clause 12
Annexure C - Hours of work notice required under clause 17(6)
Annexure D - Registration as an Employer Form to be submitted in terms of clause 6
Annexure E - Weekly return of Employees to be submitted in terms of clause 14
Annexure F - Dispute Resolution Procedure in terms of clause 15
Annexure G - Public Holidays in terms of clause 31
Annexure H - Provident Fund percentage contributions
[Cancelled] Extension of Period of Operation of the Main Collective Agreement
[Cancelled] Notice No. 666 of 2018
Schedule
Part 1: A-Administrative issues
1. Scope of Application of Agreement
2. Period of Operation of Agreement
[Cancelled] Notice No. 46 of 2020
[Cancelled] Notice No. 334 of 2020
[Cancelled] Notice No. R. 929 of 2020
[Cancelled] Cancellation of Government Notice
Notice No. 112 of 2021
Extension to non-parties of the Main Collective Amending Agreement
Notice No. 894 of 2020
Schedule
Part l
A - Administrative issues
1. Scope of Application of Agreement
2. Period of Operation of Agreement
[Cancelled] Main Collective Agreement
Notice No. 112 of 2021
Schedule
Part l
A - Administrative issues
Clause 1 - Scope of application of Agreement
Clause 2 - Period of operation of Agreement
Clause 3 - Definitions
Clause 4 - Exemptions
Clause 5 - Registration of Employers
Clause 6 - Exhibition of Agreement
Clause 7 - Keeping of records
Clause 8 - Trade Union Representatives on the Council
Clause 9 - Trade Union Office Bearers
Clause 10 - Administration of Agreement
Clause 11 - Agents
Clause 12 - Monthly Statement
Clause 13 - Normal retirement age
Clause 14 - Weekly return of Employees
Clause 15 - Dispute resolution procedure
B - Terms and conditions of employment
Clause 16 - Hours of work
Clause 17 - Short Time
Clause 18 - Forenoon and afternoon intervals
Clause 19 - Payment of remuneration
Clause 20 - Piece-work
Clause 21 - Employment of Minors
Clause 22 - Abatement of wages
Clause 23 - Termination of employment
Clause 24 - Night shift work
Clause 25 - Hourly rate
Clause 26 - Sick leave
Clause 27 - Maternity leave
Clause 28 - Parental benefits
Clause 29 - Family responsibility leave
Clause 30 - Annual leave
Clause 31 - Shutdown period
Clause 32 - Public holidays
Clause 33 - Severance pay
Clause 34 - Casual employees
Clause 35 - Time off for trade union activities
Clause 36 - Time off work to attend further training or further education courses
Clause 37 - New Industry entrant employees contribution grace period
Clause 38 - Fixed term contracts of Employment
Clause 39 - Abscondment
Clause 40 - Protective clothing
C - Contributions and deductions
Clause 41 - Expenses of the Council - Council Levy
Clause 42 - Holidays and Holiday and Bonus Fund
Clause 43 - Subsistence allowance
Clause 44 - Trade Union contributions
Clause 45 - Levies payable by Employers who are members of the Employers' Association
Clause 46 - Provident Fund contributions
Clause 47 - Medical Ill Health Benefit Fund
Part ll
Clause 48 - Wages increase
Clause 49 - Non compliance
Clause 50 - Fines
Part lll
Annexures
Annexure A - Job Grading and minimum wages
A. Occupation Skills Levels
B. Minimum Hourly Wage Rates for Employees
Annexure B - Monthly statement to be submitted in terms of clause 12
Annexure C - Registration as an Employer Form to be submitted in terms of clause 6
Annexure D - Dispute Resolution Procedure in terms of clause 15
Annexure E - Public Holidays in terms of clause 32
Annexure F - Provident Fund percentage contributions
Agency Shop Fee Collective Agreement
Collective Agreement
Notice No. R. 1693 of 2019
Schedule
Chapter 1
1. Scope of Application
2. Period of Operation of Agreement
3. Terms and Conditions
4. Definitions
5. Agency Shop Fee
6. Unpaid Agency Shop Fees
7. Exemptions
8. Enforcement of Collective Agreement
Renewal of Period of Operation
Notice No. 87 of 2021
Collective Bargaining Fee Collective Agreement
Extension to Non-parties of the Collective Bargaining Fee Collective Agreement
Notice No. R. 1694 of 2019
Schedule
Chapter 1
1. Scope of Application
2. Period of Operation of Agreement
3. Terms and Conditions
4. Definitions
5. Bargaining Levy
6. Unpaid Bargaining Levy
7. Exemptions
8. Enforcement of Collective Agreement
Renewal of Period of Operation
Notice No. 64 of 2021
Extension of Period of Operation
Notice No. R. 1765 of 2022
Extension to Non-parties of the Collective Bargaining Fee Collective Agreement
Notice No. R. 4538 of 2024
Schedule
Chapter 1
1. Scope of Application
2. Period of this Agreement
3. Terms and Conditions
4. Definitions
5. Bargaining Levy
6. Unpaid Bargaining Levy
7. Exemptions
8. Enforcement of Collective Agreement
[Cancelled] Extension of Period of Operation of the Main Collective Agreement
Notice No. 137 of 2021
[Cancelled] Extension to Non-Parties of the Main Collective Amending Agreement
Notice No. 365 of 2021
Schedule
Part l
A - Administrative issues
1. Scope of Application of Agreement
2. Period of Operation of Agreement
Variation of Scope of the Bargaining Council for the Furniture Manufacturing Industry of the Western Cape
Notice No. 1495 of 2021
Cancellation of Government Notice R.112 of 12 March 2021
Notice No. 1396 of 2022
Extension to Non-parties of the Main Collective Agreement
Notice No. 1397 of 2022
Schedule
Part l
A - Administrative issues
Clause 1 - Scope of application of Agreement
Clause 2 - Period of operation of Agreement
Clause 3 - Definitions
Clause 4 - Exemptions
Clause 5 - Registration of Employers
Clause 6 - Compliance by Employers, Subcontracting and use of Temporary Employment Services
Clause 7 - Exhibition of Agreement
Clause 8 - Keeping of records
Clause 9 - Trade Union Representatives on the Council
Clause 10 - Trade Union Office Bearers
Clause 11 - Administration of Agreement
Clause 12 - Agents
Clause 13 - Monthly Statement
Clause 14 - Normal retirement age
Clause 15 - Weekly return of Employees
Clause 16 - Dispute resolution procedure
B - Terms and conditions of employment
Clause 17 - Hours of work
Clause 18 - Short Time
Clause 19 - Forenoon and afternoon intervals
Clause 20 - Payment of remuneration
Clause 21 - Piece-work
Clause 22 - Employment of Minors
Clause 23 - Abatement of wages
Clause 24 - Termination of employment
Clause 25 - Night shift work
Clause 26 - Hourly rate
Clause 27 - Sick leave
Clause 28 - Maternity leave
Clause 29 - Parental benefits
Clause 30 - Family responsibility leave
Clause 31 - Annual leave
Clause 32 - Shutdown period
Clause 33 - Public holidays
Clause 34 - Severance pay
Clause 35 - Casual employees
Clause 36 - Time off for trade union activities
Clause 37 - Time off work to attend further training or further education courses
Clause 38 - New Industry entrant employees contribution grace period
Clause 39 - Fixed term contracts of Employment
Clause 40 - Abscondment
Clause 41 - Protective clothing
C - Contributions and deductions
Clause 42 - Expenses of the Council
Clause 43 - Holidays and Holiday and Bonus Fund
Clause 44 - Subsistence allowance
Clause 45 - Trade Union contributions
Clause 46 - Levies payable by Employers who are members of the Employers' Association
Clause 47 - Provident Fund contributions
Clause 48 - Medical Ill Health Benefit Fund
Part ll
Clause 49 - Wage increase
Clause 50 - Non compliance
Clause 51 - Fines
Part lll
Annexures
Annexure A - Job Grading and minimum wages rates
A. Occupation Skills Levels
B. Prescribed Minimum Hourly Wage Rates for Employees
Annexure B - Council Return
Annexure C - Registration as Employer
Annexure D - Conciliation and Arbitration Guidelines
Annexure E - Public Holidays
Annexure F - Provident Fund contribution
Extension to Non-parties of the Main Collective Agreement
General Notice 1790 of 2023
Schedule
Part l
A - Administrative issues
Clause 1 - Scope of application of Agreement
Clause 2 - Period of operation of Agreement
Clause 3 - Definitions
Clause 4 - Exemptions
Clause 5 - Registration of Employers
Clause 6 - Compliance by Employers, Subcontracting and use of Temporary Employment Services
Clause 7 - Exhibition of Agreement
Clause 8 - Keeping of records
Clause 9 - Trade Union Representatives on the Council
Clause 10 - Trade Union Office Bearers
Clause 11 - Administration of Agreement
Clause 12 - Agents
Clause 13 - Monthly Statement
Clause 14 - Normal retirement age
Clause 15 - Weekly return of Employees
Clause 16 - Dispute resolution procedure
B - Terms and conditions of employment
Clause 17 - Hours of work
Clause 18 - Short Time
Clause 19 - Forenoon and afternoon intervals
Clause 20 - Payment of remuneration
Clause 21 - Piece-work
Clause 22 - Employment of Minors
Clause 23 - Abatement of wages
Clause 24 - Termination of employment
Clause 25 - Night shift work
Clause 26 - Hourly rate
Clause 27 - Sick leave
Clause 28 - Maternity leave
Clause 29 - Parental benefits
Clause 30 - Family responsibility leave
Clause 31 - Annual leave
Clause 32 - Shutdown period
Clause 33 - Public holidays
Clause 34 - Severance pay
Clause 35 - Casual employees
Clause 36 - Time off for trade union activities
Clause 37 - Time off work to attend further training or further education courses
Clause 38 - Contribution Concessions
Clause 39 - Employees Engaged in more than One Occupation Skills Level
Clause 40 - Abscondment
Clause 41 - Protective clothing
C - Contributions and deductions
Clause 42 - Fees, Levies and Contributions payable to Council
Clause 43 - Expenses of the Council - Council Levy
Clause 44 - Holiday Bonus / Holiday Bonus Fund / Leave Pay
Clause 45 - Subsistence allowance
Clause 46 - Trade Union contributions
Clause 47 - Levies payable by Employers who are members of the Employers' Association
Clause 48 - Provident Fund contributions
Clause 49 - Medical Ill Health Benefit Fund
Part ll
Clause 50 - Wage increase
Clause 51 - Non compliance
Clause 52 - Fines
Part lll
Annexures
Annexure A - Area A
1. Scope of Application
2. Fees, levies and contributions payable to the Council
Annexure B - Area B
1. Scope of Application
2. Fees, levies and contributions payable to the Council
Annexure C - Job Grading and Minimum Wages Rates
Annexure D - Return
Annexure E - Registration as Employer
Annexure F - Conciliation and Arbitration Guidelines
Annexure G - Public Holidays
Annexure H - Provident Fund Contribution
KwaZulu Natal
Extension to Non-Parties of the Main Collective Agreement
Notice No. 427 of 2019
Schedule
Part 1
1. Scope of Application
2. Period of Operation of Agreement
3. Definitions
4. Piece Work
5. Incentive Scheme
6. Outwork
7. Ordinary Hours of Work
8. Limitation of Overtime
9. Short Time
10. Wage
11. Payment of Wages
12. Payment for overtime and work on paid Public Holidays
13. Employees receiving higher wages than those prescribed
14. Holidays and Holiday Fund
15. Holiday Fund
16. Expiry of Collective Agreement
17. Provision of Tools
18. Exemptions
19. Registration of Employers and their Employees
20. Exhibition of Agreement
21. Keeping of Records
22. Enforcement of Collective Agreement
23. Disputes and Disputes about the Interpretation of this Collective Agreement
24. Employment of Minors
25. Learners and Learnerships
26. Employees engaged in more than one operation
27. Abatement of Wages
28. Termination of Contract of Employment
29. Disciplinary and Grievance Codes and Procedures
30. Sick Leave
31. Shop Stewards Leave
32. Maternity Leave
33. Family Responsibility Leave
34. Parental Benefits
35. Normal Retirement Age
36. Two Tier Bargaining
37. Trade Union Subscriptions
38. Trade Union Representatives
39. Membership Subscriptions - KZNFMA
40. Expenses of the Council
41. Administration of Agreement
42. Fines
43. Ultra Vires
Part 2
Annexure A
1. Scope of Application
2. Period of Operation
3. Wage Levels
4. Wage Increase
5. Holiday Fund
6. Council Expenses
7. Death and Disability Scheme
8. Provident Fund
Annexure B
1. Scope of Application
2. Period of Operation
3. Wage Increase
4. Minimum Weekly Wage Rates
5. Leave Pay
6. Year-End Bonus
7. Council Expenses
8. Provident Fund
9. Death and Disability Scheme
Annexure C
1. Scope of Application
2. Period of Operation
3. Leave Pay
4. Trade Union Subscriptions
5. Expenses of the Council
6. Bonus
7. Sick Leave
8. Short Time
9. Minimum Weekly Wage Rate
10. Wage Increase
11. Provident Fund
12. Death and Disability Scheme
Renewal of Period of Operation of the Provident Fund and Mortality Benefit Association Collective Agreement
Notice No. 1187 of 2016
Extension to Non-Parties of the Provident Fund and Mortality Benefit Association Collective Agreement
Notice No. 1188 of 2016
Schedule
Chapter l
1. Scope of application of Agreement
2. Period of operation of Agreement
3. Definitions
4. Administration
5. Enforcement of Collective Agreement
6. Disputes and Disputes about the Interpretation of this Collective Agreement
7. Exemptions
8. Indemnity
9. General Provisions
Chapter ll
10. Provident Fund for the Furniture Manufacturing Industry, KwaZulu-Natal
11. Membership
12. Contributions
13. Benefits
14. Expiry of Agreement, dissolution of Council and liquidation
Chapter lll
15. Natal Furniture Workers' Mortality Benefit Association
16. Objects
17. Membership
18. Contributions
19. Mortality benefits
20. Limitation of benefits
21. Powers and duties of committee
22. Financial control
23. Dissolution of Association
Annexure A
Extension of Period of Operation of the Main Collective Agreement
Notice No. 411 of 2021
Notice No. 601 of 2021
General Notice 1778 of 2023
Extension of Period of Operation of the Provident Fund and Mortality Benefit Association Collective Agreement
Notice No. 434 of 2021
Notice No. R. 1497 of 2021
Notice No. 1795 of 2023
Extension to Non-Parties of the Main Collective Amending Agreement
Notice No. R. 3666 of 2023
Schedule
Part 1
1. Scope of Application
2. Period of Operation of Agreement
Extension to Non-Parties of the Agency Shop Fee Collective Agreement
Notice No. R. 3915 of 2023
Schedule
1. Scope of Application
2. Period of Operation of Agreement
3. Terms and Conditions
4. Definitions
5. Agency Shop Fee
6. Unpaid Agency Shop Fees
7. Exemptions
8. Enforcement of Collective Agreement
Variation of Scope of the Furniture Bargaining Council
Notice No. 2065 of 2022
Annexure
Notice No. 2862 of 2022
Annexure
Bargaining Council for the Hairdressing Trade
Cape Penninsula
Main Collective Agreement
Notice No. R. 550 of 2013
Schedule
1. Scope of Application
2. Period of Operation of Agreement
3. Exceptions
4. Wages
5. Commission
6. Payment of Wages and Authorised Deductions
7. Hours of Work
8. Overtime
9. Meal Interval
10. Short Time
11. Public Holidays
12. Sundays
13. Annual Leave
14. Sick Leave
15. Maternity Leave
16. Family Responsibility Leave
17. Termination of Service
18. Severance Pay
19. Transfer of Contract of Service
20. Certificate of Service
21. Outwork
22. Exemption and Appeal Criteria
23. Administration
24. Designated Agents and Enforcement of Collective Agreement
25. Council Levies
26. Failure to make Payments to the Council
27. Registration of Employers and Employees
28. Exhibition of Agreement
29. Membership
30. Trade Union Representatives on the Council
31. Collection of Membership Fees for Trade Union and Employers' Organisation
32. Control of Premises
33. Provision of Equipment
34. Agency Shop
35. Sick Benefit Fund
36. Sick Pay Fund
37. Medical Aid Scheme and Medical Insurance Plan
38. Provident Fund
39. Resolution of Disputes
40. Written Particulars of Employment
41. Definitions
Pretoria
Main Collective Agreement
Notice No. 112 of 2013
Schedule
1. Scope of Application of Agreement
2. Period of Operation
3. Definitions
4. Registration by Employers
5. Salary
6. Payment of Wages and Authorized Deductions
7. Meal Interval
8. Hours of Work
9. Overtime
10. Payment for Work on Sunday
11. Public Holidays
12. Annual Leave and Payment
13. Sick Leave
14. Maternity Leave
15. Family Responsibility Leave
16. Outwork
17. Termination of Service
18. Records to be kept by Employers
19. Exemptions
20. Exemption Criteria
21. Independent Body
22. Expenses of the Council
23. Penalty
24. Exhibition of Agreement
25. Designated Agent(s)
26. Securing an Undertaking
27. Compliance Order
28. Limitations
29. Objections to Compliance Order
30. Referral of Compliance Order to Arbitrations
31. Consolidation of Proceedings
32. Payment of Interest
33. Proof of Compliance
34. Membership
35. Trade Union Representative on the Council
36. Monies payable to Employers Organisation and Trade Union
36A. Agency Fee
36B. Bargaining Levy
37. Control of Premises
38. Provision of Equipment
39. Ultra Vires
40. Letter of Appointment
41. Prohibition of Employment
42. Transfer of Contract
42A. Transfer of Contract of Employment in Circumstances of Insolvency
42B. Disclosure of Information concerning Insolvency
43. Medical Fund
44. Pension Fund
45. Interpretation of Agreement
46. Resolution of Disputes
47. Dissolution of Council
Annexures
Annexure A : Monthly Return by Employer
Annexure B : Payslip
Annexure C : Certificate of Service
Annexure D : Contract of Employment
Annexure E : Registration Form
Annexure F : Employee Registration Form
Annexure G1 : Exemption Application Form for Contributions
Annexure G2 : Exemption Application to Pension Fund
Annexure H : Salary Scales for Hairdressing 2013 : Pretoria and Wonderboom (40 hours)
Annexure I : Salary Scale for Hairdressing 2013 : Kungwini (Bronkhorstpruit) District Municipalities (45 hours)
Annexure J : Salary Scales Fort Beauty 2013 : January 2013 to December 2013 : Pretoria (40 hours)
Annexure K : Salary Scales for Beauty 2013 : Pretoria and Wonderboom (45 hours)
Annexure L : Salary Scales for Beauty 2013 : Kungwini (Bronkhorstpruit) District Municipalities (45 hours)
Annexure M
Semi-National
Main Collective Agreement
Notice No. R.355 of 2013
Schedule
1. Scope of Application of Agreement
2. Period of Operation of Agreement
3. Definitions
4. Sector and Area
5. Prohibition of Certain Acts
6. Application for Registration of Establishment
7. Control of Premises
8. Training Contracts
9. Security of Employment
10. Part-Time Employees
11. Commission Agreements
12. Payment of Remuneration or Basic Salary or Wages
13. Records to be kept by an Employer
14. Hours of Work
15. Public Holidays
16. Leave
17. Sick Pay
18. Contract of Employment
19. Termination of Service
20. Severance or Retrenchment Pay
21. Certificate of Service
22. Expenses of the Council and Subscriptions
23. Prohibition of Private Work
24. Procedure for Disputes, including Pre-Dismissal Arbitration
25. Strikes and Lock-Outs
26. Administration of this Agreement
27. Designated Agents
28. Provision of Equipment
29. Uniforms and Protective Clothing
30. Exemptions (Appeals)
31. Enforcement of Collective Agreements
32. Agency Shop: Employers' Organisations
33. Agency Shop: Employees' Organisation
34. Pension Fund
Annexures
Annexure A
Annexure B
Annexure B1
Annexure C
Annexure D
Annexure E
Annexure F
Salaries Annexure AA
Salaries Annexure BB
Salaries Annexure CC
Salaries Annexure DD
Salaries Annexure EE
Salaries Annexure FF
Salaries Annexure GG
Contribution Schedule Annexure HH
Contribution Schedule Annexure II
Contribution Schedule Annexure JJ
Contribution Schedule Annexure KK
Contribution Schedule Annexure LL
Contribution Schedule Annexure MM
Contribution Schedule Annexure NN
National Bargaining Council for the Hairdressing, Cosmetology, Beauty and Skincare Industry
[Cancelled] Extension to Non-parties of the Consolidated Collective Agreement in terms of Sec 32(2) of the LRA
Notice No. R. 663 of 2020
Schedule
1. Scope of Application
2. Period of Operation
3. Industrial Action
Terms and Conditions that will apply Nationally
4. Definitions
5. Registration of an Establishment
6. Application for Registration of an Establishment
7. Relationship between Employer, Employee and Council
8. Keeping of Records by an Employer
9. Administration and Enforcement of this Agreement
10. Enforcement of Collective Agreements
11. Designated Agents
12. Co-operation with Designated Agents
13. Procedure for Disputes, including Pre-dismissal Arbitration
14. Strikes and Lock-Outs
15. Expenses of the Council and Subscriptions to the Employers' Organisation and the Trade Union
16. Employers' Organisation: Membership Fees
17. Trade Union: Membership Fees
18. Exemptions
19. Payment, Calculation of Basic Salary or Wages and Authorised Deductions
20. Short Time
21. Leave
22. Personal Services Commission ("PSC")
23. Termination of Service
24. Certificate of Service
25. Prohibition of Private Work
26. Provision of Equipment
27. Uniforms and Protective Clothing
28. Learnership and Student Contracts
29. Pension Fund
30. Indemnity
31. Commission Agreement
32. Hours of Work
33. Meal Interval
34. Overtime
35. Public Holidays
36. Sick Pay
37. Severence or Retrenchment Pay
38. Medical Aid Scheme and Medical Insurance Plan
39. Beauty and Skincare
40. Once Off Ex Gratia Payment
Areas
Area A
1. Scope of Application of the Agreement
2. Period of Operation
3. Industrial Action
4. Definitions
5. Registration of an Establishment
6. Application for Registration of Establishment
7. Relationship between Employer, Employee and Council
8. Keeping of Records by Employer
9. Administration and Enforcement of this Agreement
10. Enforcement of Collective Agreements
11. Designated Agents
12. Co-Operation with Designated Agents
13. Procedures for Disputes, including Pre-Dismissal Arbitrations
14. Strikes and Lock-Outs
15. Expenses of the Council and Subscriptions to the Employers' Organisation and Union
16. Employers' Organistion: Membership Fees
17. Trade Union: Membership Fees
18. Exemptions
19. Payment, Calculation of Basic Salary or Wage and Authorised Deductions
20. Short Time
21. Leave
22. Personal Services Commission (PSC)
23. Termination of Service
24. Certificate of Service
25. Prohibition of Private Work
26. Provision of Equipment
27. Uniforms and Protective Clothing
28. Learnership and Student Contracts
29. Pension Fund
30. Indemnity
31. Commission Agreements
32. Hours of Work
33. Meal Interval
34. Overtime
35. Public Holidays
36. Sick Pay
37. Severance or Retrenchment Pay
38. Medical Aid Scheme and Medical Insurance Plan
Area B
1. Scope of Application of the Agreement
2. Period of Operation
3. Industrial Action
4. Definitions
5. Registration of an Establishment
6. Application for Registration of Establishment
7. Relationship between Employer, Employee and Council
8. Keeping of Records by Employer
9. Administration and Enforcement of this Agreement
10. Enforcement of Collective Agreements
11. Designated Agents
12. Co-Operation with Designated Agents
13. Procedures for Disputes, including Pre-Dismissal Arbitrations
14. Strikes and Lock-Outs
15. Expenses of the Council and Subscriptions to the Employers' Organisation and Union
16. Employers' Organistion: Membership
17. Trade Union: Membership Fees
18. Exemptions
19. Payment, Calculation of Basic Salary or Wage and Authorised Deductions
20. Short Time
21. Leave
22. Personal Services Commission (PSC)
23. Termination of Service
24. Certificate of Service
25. Prohibition of Private Work
26. Provision of Equipment
27. Uniforms and Protective Clothing
28. Learnership and Student Contracts
29. Pension Fund
30. Indemnity
31. Commission Agreements
32. Hours of Work
33. Meal Interval
34. Overtime
35. Public Holidays
36. Sick Pay
37. Severance or Retrenchment Pay
38. Medical Aid Scheme and Medical Insurance Plan
Area C
1. Scope of Application of the Agreement
2. Period of Operation
3. Industrial Action
4. Definitions
5. Registration of an Establishment
6. Application for Registration of Establishment
7. Relationship between Employer, Employee and Council
8. Keeping of Records by Employer
9. Administration and Enforcement of this Agreement
10. Enforcement of Collective Agreements
11. Designated Agents
12. Co-operation with Designated Agents
13. Procedures for Disputes, including Pre-Dismissal Arbitrations
14. Strikes and Lock-outs
15. Expenses of the Council and Subscriptions to the Employers' Organisation and Union
16. Employers' Organisation: Membership Fees
17. Trade Union: Membership Fees
18. Exemptions
19. Payment, Calculation of Basic Salary or Wage and Authorised Deductions
20. Short time
21. Leave
22. Personal Services Commission (PSC)
23. Termination of Service
24. Certificate of Service
25. Prohibition of Private Work
26. Provision of Equipment
27. Uniforms and Protective Clothing
28. Learnership and Student Contracts
29. Pension Fund
30. Indemnity
31. Commission Agreements
32. Hours of Work
33. Meal Interval
34. Overtime
35. Public Holidays
36. Sick Benefit Fund
37. Severance Pay or Retrenchment
38. Medical Aid Scheme and Medical Insurance Plan
Area D
1. Scope of Application of the Agreement
2. Period of Operation
3. Industrial Action
4. Definitions
5. Registration of an Establishment
6. Application for Registration of Establishment
7. Relationship between Employer, Employee and Council
8. Keeping of Records by Employer
9. Administration and Enforcement of this Agreement
10. Enforcement of Collective Agreements
11. Designated Agents
12. Co-operation with Designated Agents
13. Procedures for Disputes including Pre-Dismissal Arbitrations
14. Strikes and Lock-Outs
15. Expenses of the Council and Subscriptions to the Employers' Organisation and Union
16. Employers' Organisation: Membership Fees
17. Trade Union: Membership Fees
18. Exemptions
19. Payment, Calculation of Basic Salary or Wage and Authorised Deductions
20. Short time
21. Leave
22. Personal Services Commission (PSC)
23. Termination of Service
24. Certificate of Service
25. Prohibition of Private Work
26. Provision of Equipment
27. Uniforms and Protective Clothing
28. Learnership and Student Contracts
29. Pension Fund
30. Indemnity
31. Commission Agreement
32. Hours of Work
33. Meal Interval
34. Overtime
35. Public Holidays
36. Sick Benefit Fund
37. Severance or Retrenchment Pay
38. Medical Aid Scheme and Medical Insurance Plan
Annexures
Annexure A : Application for Registration of an Establishment by the Legal Owner/Employer/Rent-A-Chair
Annexure B : Application for Registration of an Employee
Annexure C : Employers Organisation for Hairdressing, Cosmetology and Beauty - Membership Fees with effect from 1 January 2020
2020 Exemption Application - Clause 18
Annexure D : Application for Exemption
Hairdressing Beauty and Skincare Industry Pension Fund : Broker/Intermediary Exemption Application Form
Annexure E : Example of PSC Calculation
Annexure F : Certificate of Service
Student Agreement
Annexure G : Student Agreement
Addendum A : Grievance Procedure in terms of Training in the Student Agreement
Grievance Form
Remuneration / Basic Salary / Wage and Contribution Schedules
Annexure H1 : Division 101 - Province of Gauteng, excluding the Magisterial Districts of Alberton, Pretoria, Wonderboom, Bronkhorstspruit (Kungwini) and Cullinan
Annexure H2 : Division 102 - East London, Port Alfred, and all Magisterial Districts of the Eastern Cape Province (excluding Port Elizabeth, Uitenhage and Humansdorp)
Annexure H3 : Division 103 - Kimberley and all of the other Magisterial Districts of the Northern Cape
Annexure H4 : Division 104 - Port Elizabeth, Uitenhage and Humansdorp
Annexure H5 : Division 105 - Magisterial District of Alberton
Annexure H6 : Division 106 - Magisterial Districts of Cape, Wynberg, Simonstad and Belville
Annexure H7 : Division 107 - Province of the Free State
Annexure H8 : Division 108 - The North-West Province (excluding Rustenburg, Brits and Mankwe)
Annexure H9 : Division 109 - The entire Kwa-Zulu Natal Province
Annexure H10 : Division 112 - Magisterial Districts of Pretoria, Wonderboom - Part time
Annexure H11 : Division 113 - Magisterial Districts of Pretoria, Wonderboom - All Categories
Annexure H12 : Division 114 - Magisterial District of Bronkhorstspruit and Cullinan
Annexure H13 : Division 115 - Rustenburg, Brits, Mankwe (Hartbeespoort) - Working 45 hours
Annexure H14 : Division 116 - The entire Limpopo Province - Working 45 hours
Annexure H15 : Division 117 - Mpumalanga Province - Working 45 hours
Annexure H16 : Division 106 - The entire Western Cape (excluding the Magisterial Districts of Cape, Wynberg, Simonstad and Belville)
[Cancelled] Extension to non-parties of the Amendment of the Main Collective Agreement
Notice No. R. 965 of 2020
Schedule
1. Scope of Application
2. Period of Operation
[Cancelled] Extension of Period of Operation of the Main Collective Agreement
[Cancelled] Notice No. R. 1264 of 2020
[Cancelled] Notice No. 362 of 2021
[Cancelled] Notice No. R. 2141 of 2022
[Cancelled] Notice No. R. 3619 of 2023
Cancellation of Government Notice
Notice No. 762 of 2021
Notice No. R. 4107 of 2023
Renewal of Period of Operation of the Main Collective Agreement
Notice No. 762 of 2021
Extension to Non-parties of the Consolidated Main Collective Agreement
Notice No. R. 4108 of 2023
Schedule
1. Scope of Application
2. Period of Operation
3. Industrial Action
Terms and Conditions that will apply nationally
4. Definitions
5. Registration of an Establishment
6. Application for Registration of an Establishment
7. Relationship between Employer, Employee and Council
8. Keeping of Records by an Employer
9. Administration and Enforcement of this Agreement
10. Enforcement of Collective Agreements
11. Designated Agents
12. Co-operation with Designated Agents
13. Procedure for Disputes, including Pre-Dismissal Arbitration
14. Strikes and Lock-Outs
15. Expenses of the Council and Subscriptions to the Employers' Organisation and the Trade Union
16. Employers' Organisation: Membership Fees
17. Trade Union: Membership Fees
18. Exemptions
19. Payment, Calculation of Basic Salary or Wages and Authorised Deductions
20. Short Time
21. Leave
22. Personal Services Commission ("PSC")
23. Termination of Service
24. Certificate of Service
25. Prohibition of Private Work
26. Provision of Equipment
27. Uniforms and Protective Clothing
28. Learnership and Student Contracts
29. Pension Fund
30. Indemnity
31. Commission Agreement
32. Hours of Work
33. Meal Interval
34. Overtime
35. Public Holidays
36. Sick Pay
37. Severance or Retrenchment Pay
38. Medical Aid Scheme and Medical Insurance Plan
39. Beauty and Skincare
Areas
Area A
1. Scope of Application of the Agreement
2. Period of Operation
3. Industrial Action
4. Definitions
5. Registration of an Establishment
6. Application for Registration of Establishment
7. Relationship between Employer, Employee and Council
8. Keeping of Records by Employer
9. Administration and Enforcement of this Agreement
10. Enforcement of Collective Agreements
11. Designated Agents
12. Co-Operation with Designated Agents
13. Procedures for Disputes, including Pre-Dismissal Arbitrations
14. Strikes and Lock-Outs
15. Expenses of the Council and Subscriptions to the Employers' Organisation and Union
16. Employers' Organisation: Membership Fees
17. Trade Union: Membership Fees
18. Exemptions
19. Payment, Calculation of Basic Salary or Wage and Authorised Deductions
20. Short Time
21. Leave
22. Personal Services Commission (PSC)
23. Termination of Service
24. Certificate of Service
25. Prohibition of Private Work
26. Provision of Equipment
27. Uniforms and Protective Clothing
28. Learnership and Student Contracts
29. Pension Fund
30. Indemnity
31. Commission Agreements
32. Hours of Work
33. Meal Interval
34. Overtime
35. Public Holidays
36. Sick Pay
37. Severance or Retrenchment Pay
38. Medical Aid Scheme and Medical Insurance Plan
Area B
1. Scope of Application of the Agreement
2. Period of Operation
3. Industrial Action
4. Definitions
5. Registration of an Establishment
6. Application for Registration of Establishment
7. Relationship between Employer, Employee and Council
8. Keeping of Records by Employer
9. Administration and Enforcement of this Agreement
10. Enforcement of Collective Agreements
11. Designated Agents
12. Co-Operation with Designated Agents
13. Procedures for Disputes, including Pre-Dismissal Arbitrations
14. Strikes and Lock-Outs
15. Expenses of the Council and Subscriptions to the Employers' Organisation and Union
16. Employers' Organistion: Membership
17. Trade Union: Membership Fees
18. Exemptions
19. Payment, Calculation of Basic Salary or Wage and Authorised Deductions
20. Short Time
21. Leave
22. Personal Services Commission (PSC)
23. Termination of Service
24. Certificate of Service
25. Prohibition of Private Work
26. Provision of Equipment
27. Uniforms and Protective Clothing
28. Learnership and Student Contracts
29. Pension Fund
30. Indemnity
31. Commission Agreements
32. Hours of Work
33. Meal Interval
34. Overtime
35. Public Holidays
36. Sick Pay
37. Severance or Retrenchment Pay
38. Medical Aid Scheme and Medical Insurance Plan
Area C
1. Scope of Application of the Agreement
2. Period of Operation
3. Industrial Action
4. Definitions
5. Registration of an Establishment
6. Application for Registration of Establishment
7. Relationship between Employer, Employee and Council
8. Keeping of Records by Employer
9. Administration and Enforcement of this Agreement
10. Enforcement of Collective Agreements
11. Designated Agents
12. Co-operation with Designated Agents
13. Procedures for Disputes, including Pre-Dismissal Arbitrations
14. Strikes and Lock-outs
15. Expenses of the Council and Subscriptions to the Employers' Organisation and Union
16. Employers' Organisation: Membership Fees
17. Trade Union: Membership Fees
18. Exemptions
19. Payment, Calculation of Basic Salary or Wage and Authorised Deductions
20. Short time
21. Leave
22. Personal Services Commission (PSC)
23. Termination of Service
24. Certificate of Service
25. Prohibition of Private Work
26. Provision of Equipment
27. Uniforms and Protective Clothing
28. Learnership and Student Contracts
29. Pension Fund
30. Indemnity
31. Commission Agreements
32. Hours of Work
33. Meal Interval
34. Overtime
35. Public Holidays
36. Sick Benefit Fund
37. Severance Pay or Retrenchment
38. Medical Aid Scheme and Medical Insurance Plan
Area D
1. Scope of Application of the Agreement
2. Period of Operation
3. Industrial Action
4. Definitions
5. Registration of an Establishment
6. Application for Registration of Establishment
7. Relationship between Employer, Employee and Council
8. Keeping of Records by Employer
9. Administration and Enforcement of this Agreement
10. Enforcement of Collective Agreements
11. Designated Agents
12. Co-operation with Designated Agents
13. Procedures for Disputes including Pre-Dismissal Arbitrations
14. Strikes and Lock-Outs
15. Expenses of the Council and Subscriptions to the Employers' Organisation and Union
16. Employers' Organisation: Membership Fees
17. Trade Union: Membership Fees
18. Exemptions
19. Payment, Calculation of Basic Salary or Wage and Authorised Deductions
20. Short time
21. Leave
22. Personal Services Commission (PSC)
23. Termination of Service
24. Certificate of Service
25. Prohibition of Private Work
26. Provision of Equipment
27. Uniforms and Protective Clothing
28. Learnership and Student Contracts
29. Pension Fund
30. Indemnity
31. Commission Agreement
32. Hours of Work
33. Meal Interval
34. Overtime
35. Public Holidays
36. Sick Benefit Fund
37. Severance or Retrenchment Pay
38. Medical Aid Scheme and Medical Insurance Plan
Annexures
Annexure A : Application for Registration of an Establishment by an Employer
Annexure B : Application for Registration of an Employee
Annexure C : Membership Fees with effect from 1 January 2023
Requirements before applying for Exemption as per Clause 18 of the Main Collective Agreement
Annexure D : Application for Exemption
Annexure E : Example of PSC Calculation
Annexure F : Certificate of Service
Annexure G : Student Agreement
Addendum A : Grievance Procedure in terms of Training in the Student Agreement
Annexure H : Remuneration / Basic Salary / Wage and Contribution Schedule
Annexure H1 : Division 101 - Province of Gauteng, excluding the Magisterial Districts of Alberton, Pretoria, Wonderboom, Bronkhorstspruit (Kungwini) and Cullinan
Annexure H2 : Division 102 - East London, Port Alfred, and all Magisterial Districts of the Eastern Cape Province (excluding Port Elizabeth, Uitenhage and Humansdorp)
Annexure H3 : Division 103 - Kimberley and all of the other Magisterial Districts of the Northern Cape
Annexure H4 : Division 104 - Port Elizabeth, Uitenhage and Humansdorp
Annexure H5 : Division 105 - Magisterial District of Alberton
Annexure H6 : Division 106 - Magisterial Districts of Cape Town, Wynberg, Simonstad and Belville
Annexure H7 : Division 107 - Province of the Free State
Annexure H8 : Division 108 - The North-West Province (excluding Rustenburg, Brits and Mankwe)
Annexure H9 : Division 109 - The entire Kwa-Zulu Natal Province
Annexure H10 : Division 112 - Magisterial Districts of Pretoria, Wonderboom working 40 hours Hairdressing, 45 hours Beauty and 25 hours Part Time
Annexure H11 : Division 113 - Magisterial Districts of Pretoria, Wonderboom working 45 hours and Part time 25 hours - All Categories
Annexure H12 : Division 114 - Magisterial District of Bronkhorstspruit and Cullinan
Annexure H13 : Division 115 - Rustenburg, Brits, Mankwe (Hartbeespoort) - Working 45 hours
Annexure H14 : Division 116 - The entire Limpopo Province - Working 45 hours
Annexure H15 : Division 117 - Mpumalanga Province - Working 45 hours
Annexure H16 : Division 106 - The entire Western Cape (excluding the Magisterial Districts of Cape Town, Wynberg, Simonstad and Belville)
Annexure I : Rules of Sick Pay Fund
1. Introduction
2. Name
3. Management
4. Membership
5. Claiming against the SPF
6. Benefits
7. Contributions to SPF
8. Procedure to institute claim against SPF
9. Compliance with collective agreement
10. Special provisions relating to membership
11. Administration
12. Liquidation and dissolving of SPF
13. Indemnity
Extension to Non-parties of the Agency Shop Collective Agreement
Notice No. R. 4209 of 2023
Schedule
1. Scope of Application
2. Period of Operation
3. Definitions
4. Application of Agency Shop Collective Agreement
5. Agency Shop Levy
6. Exemptions
Annexures
Annexure 1: Applying for Exemption in terms of Clause 6.1 of the Agency Shop Agreement
Bargaining Council for the Laundry Cleaning and Dyeing Industry
Kwa Zulu Natal
Extension to Non-Parties of the Main Collective Agreement
Notice No. R. 666 of 2014
Schedule
Part A
1. Scope of Application of Agreement
2. Period of Operation
Part B : Remuneration
3. Minimum Wages
4. Annual Bonus
5. Overtime Rate
6. Basis of Contract
7. Calculation of Wages
8. Change in Occupation
9. Casual Employees
10. Deductions
11. Payment of Remuneration
12. Transport Allowance
Part C : Hours of Work
13. Ordinary Hours of Work
14. Short Time
15. Meal and Other Intervals
16. Public Holidays
17. Saturdays
18. Sundays
19. Exceptions
Part D : Leave
20. Annual Leave
21. Sick Leave
22. Proof of Incapacity
23. Maternity Leave
24. Family Responsibility Leave
Part E : Employee Benefits
25. Provident Fund
26. Medical Assistance Scheme
27. Bursary Scheme
28. Personal Protective Equipment
Part F : Termination of Employment
29. Termination of Employment
Part G : Organisational Rights
30. Trade Union Representation on the Council
Part H : General
31. Limitation on the Right to Strike or Lockout
32. Exemptions
33. Administration
34. Designated Agents
35. Council Levies
36. Failure to make payments to the Council
37. Registration of Employers
38. Registration of Employees and Records
39. Prohibitions
40. Logbooks
41. Exhibition of Agreement and Notices
42. Disputes on Interpretation, Application or Enforcement of this Agreement
43. Other Conditions of Employment
44. Definitions
45. Ultra Vires
46. Attestation
Annexures
Annexure A
Annexure B : Schedule of Payments - Return of Levies for the Month
Annexure C : Employers Registration Form
Annexure D : Application for Exemption
Wage Schedule
Extension of Period of Operation of the Main Collective Agreement
Notice No. 686 of 2018
Notice No. R. 1092 of 2021
Bargaining Council for the Meat Trade, Gauteng
Main Collective Agreement to Non-Parties
Notice No. 643 of 2017
Schedule
1. Scope of Application of Agreement
1A. Period of Operation
2. Definitions
3. Remuneration
4. Calculation of Wages
4A. Calculation of Annual Leave Pay, Payment instead of Notice and Severance Pay
5. Payment of Remuneration
6. Ordinary Hours of Work
7. Compressed Working Week
8. Overtime and Payment of Overtime
9. Meal Intervals
10. Rest Intervals
11. Annual Leave
12. Sick Leave
13. Maternity Leave
14. Family Responsibility Leave
15. Termination of Contract of Employment
16. Severance Pay
17. Certificate of Service
18. Employment of Children
19. Industrial Action
20. Levels of Bargaining
21. Registration with Council
22. Council Funds
22A. Interest on outstanding Levies and Contributions
22B Training Fund of the Employers' Organisation
23. Sick Benefit Fund
24 Retirement Funds
25. Group Funeral Scheme
26. Trade Union Subscriptions
27. Exemptions
28. Exhibition of Agreement
29. Resolution of Disputes
29A. General Dispute Settlement Procedure
29B. Disputes concerning interpretation of this Agreement
29C. Disputes concerning Dismissals
29D. Procedure to enforce compliance with this Agreement
30. Agents
31. Accounting & Audits
Extension of Amendment of Main Collective Agreement to Non-Parties
Notice No. R. 1144 of 2019
Schedule
1. Scope of Application of Agreement
1A. Period of Operation
Notice No. R. 986 of 2020
Schedule
1. Scope of Application of Agreement
1A. Period of Operation
Correction Notice
Notice No. R. 1066 of 2020
Notice No. R. 391 of 2021
Schedule
1. Scope of Application of Agreement
1A. Period of Operation
Notice No. R. 3416 of 2023
Schedule
1. Scope of Application of Agreement
1A. Period of Operation
Notice No. R. 3910 of 2023
Schedule
1. Scope of Application of Agreement
1A. Period of Operation
Notice No. R. 4778 of 2024
Schedule
1. Scope of Application of Agreement
1A. Period of Operation
Extension of Period of Operation of the Collective Agreement
Notice No. R. 743 of 2020
Notice No. R. 3560 of 2023
Bargaining Council for the Metal and Engineering Industries
Main Collective Agreement
Notice No. R. 748 of 2011
Schedule
Part 1 : Conditions of Employment
1. Scope of Application of Agreement
2. Period of Operation of Agreement
Special Provisions
General Provisions
3. Definitions
4. Hours of Work
5. Overtime and Payment for Work on Sundays
6. Shift Work
7. Short-Time
8. Payment of Earnings
9. Maternity Leave or Leave i.r.o. the Adoption of a Child under Two Years of Age
10. Incentive Bonus Work
11. Payment for Public Holidays
12. Leave Pay
13. Additional Paid Leave
14. Leave Enhancement Pay (L.E.P.)
15. Special Leave Pay and Leave Enhancement Pay Provisions
16. Annual Shutdown
17. Allowances
18. Termination of Employment
19. Employment of Juveniles and Issue of Certificates, Etc.
20. Outwork, Temporary Employment Services and Limited Duration Contracts
21. Employment of Persons under 15 Years of Age
22. Insurance of Tools
23. Exemptions
24. Exhibition of Agreement
25. Manufacturing Certificates
26. Administration of Agreement
27. Working Partners
28. Agents
29. Injury on Duty Allowance
30. Unauthorised Employment
31. Prohibition of Cession and/or set-off
32. Certificate of Service
33. Technological Changes and Work Reorganisation
34. Paid Sick Leave
35. Security of Employment and Severance Payment
36. Procedures for the Negotiation of Agreements and Settlement of Disputes
37. Levels of Bargaining in the Industry
38. Working-In Time Arrangements
39. Standby and Call-Out Arrangements
40. Productivity Bargaining
41. Employee Share Option Participation Schemes (ESOPS) and the Requirements of the Broad Based Black Economic Empowerment Act (BBBEE ACT)
42. Family Responsibility Leave
43. Code of Good Practice on Key Aspects of HIV/AIDS and Employment
44. Attendance of Worker Representatives on National and Regional Committees of the Bargaining Council
45. Special Provisions Limited to Construction Sites Covered by Project Labour Agreements
46. Time Off for the Training of Shop Stewards and for Trade Union Office Bearers to Attend Union Meetings
47. Time Off for Representatives of Party Trade Unions who Act as Trustees of the Industry Benefit Funds or who are Office Bearers of the MERSETA, Metal and Plastic Chamber
48. Employee Training
49. Industry Policy Forum
Part 2
1. Wages and/or Earnings
2. Allowances
3. Wage Tables
3(a). Wage Table
3(b). Wage Table
3(c). Wage Table
3(d). Wage Table
3(e). Wage Table
3(f). Wage Table
4. Technical Schedules
Schedule G
Section (a): General
Wage Rates Applicable to Operations Scheduled in Schedule G are Prescribed in Clause 3(a) of Part II of this Agreement
(i) Learners
(ii) Juveniles
(iii) Cranes and hoists
(iv) Vehicle driving-external transport including forklift driving
(v) Locomotive driving
(vi) Stationary engines
(vii) Pupil engineers and/or approved students
(viii) Watchman's work
(ix) Electrolytic Finishing
(x) Vitreous enamelling
(xi) Machine engraving
(xii) Metal and/or ceramic spraying
Section (b): Electrical engineering (installation/maintenance/repair in the Provinces of the Transvaal and Natal)
Section (c): Saw doctoring and/or sharpening and/or reconditioning and/or repairing all types of cutting tools (excluding machine tools)
Section (d): Structural engineering
Instrumentation Work
Rigging
Mechanical and General Structural Work
Electrical Work
Welding
Section (e): Fibre-glass boatbuilding
Section (f): Pattern-Making
Section (g): Metal service centres
Section (h): Electronics and/or Telecommunication Division
Section (i): Radio, Television, Refrigeration and Related Equipment and Domestic Electrical Appliances Section (installation, repair and servicing)
Section (j): Stores operations
Schedule M
Wage Rates Applicable Operations Schedules in Schedule M are Prescribed in Clause 3(a) of Part II of this agreement
I. Machining operations
II. Forming and/or bending and/or press-brake operations
III. Cutting and punching operations
IV. Drilling operations
V. Welding and soldering operations
VI. Miscellaneous operations
VII. Inspecting and checking operations
VIII. Stores Operations
Schedule D
Division D/O
Light Fabricating and/or Light Manufacturing Division (N.E.S.)
Wage Rates Applicable to Operations Scheduled in Division D/O are Prescribed in Clause 3(a) of Part II of this agreement
Section (a): General
Section (b): Precision engineering and cutting tool manufacture
Division D/1
Agricultural Implement and/or irrigation Machinery (including Windmills) and/or Engines Manufacturing, Erecting and Assembling Division
Wage Rates Applicable to Operations Scheduled in Division D/1 are prescribed in Clause 3(a) of Part II of this agreement
Division D/2
Chain Manufacturing Division
Wage Rates Applicable to Operations Scheduled in Division D/2 are prescribed in Clause 3(a) of Part II of this agreement
Division D/3
Cycle Manufacturing Division
Wage Rates Applicable to Operations Scheduled in Division D/3 are Prescribed in Clause 3(a) of Part II of this agreement
Section (a): General
Section (b): Plastics operations
Division D/4
Edge Hand and/or Small Tools...
Wage Rates Applicable to Operations...
Division D/5
Press Knife and Cutter and Footwear Tack...
Wage Rates Applicable to Operations...
Division D/6
Foundry and/or Castings Division
Overriding Provisions
Wage Rates Applicable to Operations...
Division D/7
Gate and Fence Manufacturing Division
Wage Rates Applicable to Operations...
Section (a) - Manufacturing of fencing...
Section (b) - Miscellaneous manufacturing
Division D/8
Industrial Fasteners Manufacturing Division
Wage Rates Applicable to Operations...
Vehicle and Forklift Driving
Division D/9
Lead Products Manufacturing Division
Wage Rates Applicable to Operations...
Division D/10
Manufacture of Carbon Products Division
Wage Rates Applicable to Operations...
Division D/11
Electrical Element Manufacture Division
Wage Rates Applicable to Operations...
Division D/12
Windows and/or Doors and/or Flyscreens...
Wage Rates Applicable to Operations...
Learnership periods and rates of pay therefor
Division D/13
Neon Signs and/or Electric...
Wage Rates Applicable to Operations...
Division D/14
Conversion of Plastic Polymer...
Wage Rates Applicable to Operations...
Division D/15
Spring Manufacturing Division
Wage Rates Applicable to Operations...
Division D/16
Steel Reinforcement Division
Wage Rates Applicable to Operations...
Division D/17
Tungsten Carbide Tipped Drilling Equipment...
Wage Rates Applicable to Operations...
Division D/18
Wire Drawing and/or Working...
Wage Rates Applicable to Operations...
Section (a): Wire drawing
Section (b): Wire drawing die manufacture
Section (c): Wire working and/or weaving...
Division D/19
Wire and Rope Manufacturing Division
Wage Rates Applicable to Operations...
Section (a): Cable stranding plant
Section (b): Fibre core making plant
Section (c): Wire drawing plant
Section (d): Wire drawing die manufacture
Section (e): Wire galvanizing plant
Section (f): Wire rope making plant
Section (g): Wire rope splicing plant
Section (h): Drum-making plant
Section (i): Miscellaneous
Division D/20
Tube and/or Pipe Manufacturing Division
Wage Rates Applicable to Operations...
Division D/21
The Manufacture, Including Remanufacture...
Wage Rates Applicable to Operations...
Division D/22
Sheetmetal Manufacturing Division
Wage Rates Applicable to Operations...
Section (a): General
Section (b): Hollowware manufacturing operations
Section (c): Woodworking operations...
Division D/23
Electronic, Radio Communications...
Wage Rates Applicable to Operations...
Training Periods and Rates of Pay Therefor
Division D/24
Tungsten Carbide Tool Manufacture Division
Wage Rates Applicable to Operations...
Division D/25
Motor Vehicle Parts and Components...
Wage Rates Applicable to Operations...
Division D/26
Elevator and/or Escalator Manufacturing Division
Wage Rates Applicable to Operations...
Division D/27
Locomotive Manufacturing Division
Wage Rates Applicable to Operations...
Section (a): Electrical work and related activities
Section (b): Mechanical work and related activities
Section (c): Painting and related activities
Section (d): Woodworking and related activities
Division D/28
Railway Wagon Manufacturing
Wage Rates Applicable to Operations...
Section (a): Electrical work and related activities
Section (b): Mechanical work and related activities
Division D/29
Electrical Engineering (N.E.S.) Division
Wage Rates Applicable to Operations...
Section (a): Transformers
Section (b): Motors
Section (c): Switchgear and accessories
Section (d): Field work
Section (e): General electrical
Section (f): General mechanical
Division D/30
Bright Bar Manufacturing Division
Wage Rates Applicable to Operations...
Division D/31
Forging Division
Wage Rates Applicable to Operations...
Section (a): Closed-Die Forging (Closed-Impression Forging)
Section (b1): Open-Die Forging on Hammers
Section (b2): Open-Die Press Forging
Division D/32
Radio, Television and Related Equipment...
Wage Rates Applicable to Operations...
Division D/33
Metal Container Manufacturing
Vehicle Driving-External Transport...
Cranes and Hoists
Stores Operations
Schedule E/1
Coaching Stock Division
Wage Rates Applicable to Operations...
Section (a): Electrical work and related activities
Section (b): Mechanical work and related activities
Section (c): Woodworking and related activities
Section (d): Painting and related activities
Division E/2
Burglar and Other Similar...
Wage Rates Applicable to Operations...
Section (a): Manufacturing Section
Section (b): Installation Work
Section (c): Standby duty for employees...
Schedule E/3
Industrial Refrigeration and Air-Conditioning Industry Division
Wage Rates Applicable to Operations Scheduled in Schedule E/3 are Prescribed in Clause 3(a) of Part II of this agreement
Section (a) - Manufacture and Fabrication. (Shopwork)
Section (b): Installation Section
Subsection (b)(i): General
Subsection (b)(ii): Piping
Subsection (b)(iii): Ductwork
Subsection (b)(iv): Insulation
Subsection (b)(v): Electrical
Subsection (b)(vi): Pneumatic
Schedule F
Manufacture and/or Remanufacture of Electrical Cable and/or Electrical Conductors (Excluding Busbars)
Wage Rates Applicable to Operations Scheduled in Schedule F are Prescribed in Clause 3(d) of Part II of this agreement
Section (a): Exceptions
Section (b): Employment at Group Z work
5. Annexures
Annexure A
Security of Employment and Severance Pay
1. Retrenchments and/or Redundancies
2. Procedure A
3. Procedure B
2. Lay-offs
3. Limited duration contracts of employment
Contract of Employment
Annexure B
Five-Grade Job and Wage Structure
Annexure C
The Skills Definitions Accompanying...
Annexure D
Productivity Bargaining
Annexure E
Employee Share Option Participation Schemes...
Annexure F
Code of Good Practice...
1. Introduction
2. Objectives
3. Policy Principles
4. Application and Scope
5. Legal Framework
6. Promoting a Non-Discriminatory Work Environment
7. HIV Testing, Confidentiality and Disclosure
8. Promoting a Safe Workplace
9. Compensation for Occupationally Acquired HIV
10. Employee Benefits
11. Dismissal
12. Grievance Procedures
13. Management of HIV in the Workplace
14. Assessing the Impact of HIV/AIDS...
15. Measures to Deal with HIV/AIDS...
16. Information and Education
Glossary
Annexure G
Attendance of Worker Representatives...
Annexure H
Construction Sites Covered...
1. General provisions:
2. Inclement weather
3. Retirement benefit funds:
Annexure I
Industry Policy Form
1. Preamble
2. Definition and objectives
3. Terms of reference
4. Composition, Meetings and timeframes
5. Resourcing and research capacity
6. Dispute resolutions
Registration and Administration Expenses Collective Re-enacting and Amending Agreement
Notice No. R. 677 of 2011
Schedule
Part l : General
1. Scope of Application of Agreement
2. Period of Operation of the Agreement
3. Special Provisions
4. General Provisions
Part ll : Clause 5. Contributions
Renewal and Extension of the Registration and Administration Expenses Collective Agreement
Notice No. R. 1412 of 2020
[Cancelled] Notice No. R. 1729 of 2022
Cancellation of Government Notice
Notice No. R. 2570 of 2022
Extension of the Registration and Administration Expenses Collective Agreement to Non-parties
Notice No. R. 2570 of 2022
Schedule
Part l: General
1. Scope of Application of Agreement
2. Period of Operation of the Agreement
3. Definitions
4. Objectives
Part ll
5. Contributions
Part lll
6. Registration
Part IV
7. Administration of Agreement
8. Agents
9. Exemptions and Appeals
10. Resolution of Disputes
Consolidated Provident Fund Collective Agreement
Extension to Non-parties of the Consolidated Provident Fund Collective Amending Agreement
Notice No. R. 2212 of 2022
Schedule
1. Scope of Application of Agreement
2. Period of Operation of Agreement
3. Definitions
4. Continuation of the Fund
5. Membership
6. Contributions
7. Administration
8. Agents
9. Exemptions
10. Resolution of Disputes
11. Exhibition of Agreement
12. Members' Benefits
Annexures
Annexure A: Provident Fund Agreement
Consolidated Pension Fund Collective Agreement
Extension to Non-parties of the Consolidated Pension Fund Collective Amending Agreement
Notice No. R. 2214 of 2022
Schedule
1. Scope of Application of Agreement
2. Period of Operation of Agreement
3. Definitions
4. Continuation of the Fund
5. Membership
6. Contributions
7. Administration
8. Agents
9. Exemptions
10. Resolution of Disputes
11. Exhibition of Agreement
12. Members' Benefits
Annexures
Annexure A: Pension Fund Agreement
Dispute Resolution Agreement
Extension of the Dispute Resolution Collective Agreement to Non-parties
Notice No. R. 2571 of 2022
Schedule
1. Scope of Application of Agreement
2. Period of Operation of Agreement
3. Definitions
4. Objectives
5. Contributions
6. Dispute Resolution
7. Exemptions
8. Dispute Resolution procedure for the Interpretation, Application, or Enforcement of Collective Agreements
8.1. Preamble
8.2. Referral of Complaint
8.3. Investigation of Complaint
8.4. Designated Agents
8.5. Secretary's Function
8.6. Conciliation
8.7. Arbitration
8.8. General
9. Agents
10. Rules for the Conduct of Proceedings before Centre for Dispute Resolution (CDR)
11. Resolution of Disputes in terms of this Agreement
Consolidated 2021/2025 Plastic Industry Main Collective Agreement
Notice No. R. 2572 of 2022
Chapter 1
1. Scope of Application of Agreement
2. Period of Operation
3. Definitions
Chapter 2
4. Hours of Work
5. Overtime and Payment for Work on Sundays
6. Payment of Earnings
7. Payment for Public Holidays
8. Shift Allowances
9. Reduction or Increase of Working Hours
10. Standby, Call-Out and Acting Allowance
11. Working in Time Arrangements
Chapter 3
12. Leave Pay
13. Additional Leave Pay
14. Leave Enhancement Pay
15. Paid Sick Leave
16. Family Responsibility & Compassionate Leave
17. Maternity Leave or Leave in respect of the Adoption of a Child under two years of age
Chapter 4
18. Unauthorised Employment
19. Outwork and Hire of Labour
20. Employment of Minors and issue of Certificates etc
21. Employment of Persons under 15 Years of Age
Chapter 5
22. Exemptions
Chapter 6
23. Exhibition of Agreement
24. Administration of Agreement
25. Agents
26. Prohibition of Cession and/or Set-Off
27. Termination of Employment
28. Certificate of Service
29. Technological Changes and Work Re-Organisation
30. Security of Employment and Severance Payment
31. Procedures for the Negotiation of Agreements and Settlement of Disputes
Chapter 7
32. Organisational Rights
Chapter 8
33. Wages
34. Levels of Bargaining
35. Resolution of Disputes
36. Annexures
a. Annexure A - Limited Duration Contract of Employment
b. Annexure B - Compressed Working Week
c. Annexure C - Interim Technical Schedule
d. Annexure D - National Exemption's Committee Constitution
Part 1: Introductory provisions
1. Purpose of Constitution
2. Application of Constitution
3. Nature of applications
4. Criteria for applications
Part 2: The Committee
5. Purpose of Committee
6. Composition of the Committee
7. Chairperson of Committee
8. Conduct of members of the Committee
9. Quorum
10. Decisions of the Committee
11. Meetings of the Committee
12. Convenor of the Committee
13. Duty of Convenor on receipt of an application
14. Incomplete applications
15. Condonation
16. Findings and reasons for decision
Schedule: Definitions
e. Annexure E - Picketing Rules
Extension of the Consolidated Main Collective Agreement to Non-parties (for the period 1 July 2021 to 30 June 2024)
Notice No. R. 2569 of 2022
Part I
Schedule of Parties
1. Scope of Application of Agreement
2. Period of Operation of Agreement
3. Definitions
4. Hours of Work
5. Overtime and Payment for work on Sundays
6. Shiftwork
7. Short Time
8. Payment of Earnings
9. Maternity Leave or Leave i.r.o. the adoption of a child under two years of age
10. Incentive Bonus Work
11. Payment for Public Holidays
12. Leave Pay
13. Additional Paid Leave
14. Leave Enhancement Pay (L.E.P.) (formerly known as Leave Bonus)
15. Special Leave Pay and Leave Enhancement Pay Provisions
16. Annual Shutdown
17. Allowances
18. Termination of Employment
19. Employment of Juveniles and Issue of Certificates, etc
20. Outwork, Temporary Employment Services and Limited Duration Contracts
21. Employment of persons under 15 years of age
22. Insurance of Tools
23. Exemptions
24. Exhibition of Agreement
25. Manufacturing Certificates
26. Administration of Agreement
27. Working Partners
28. Agents
29. Injury on Duty Allowance
30. Unauthorised Employment
31. Prohibition of Cession and/or Set-Off
32. Certificate of Service
33. Technological Changes and Work Reorganisation
34. Paid Sick Leave
35. Security of Employment and Severance Payment
36. Procedures for the Negotiation of Agreements and Settlement of Disputes
37. Levels of Bargaining in the Industry
38. Working-In Time Arrangements
39. Standby and Call-Out Arrangements
40. Productivity Bargaining
41. Employee Share Option Participation Schemes (ESOPS) and the requirements of the Broad-Based Black Economic Empowerment Act (BBBEE Act)
42. Family Responsibility Leave
43. Code of Good Practice on key aspects of HIV/AIDS and Employment
44. Attendance of Worker Representatives on National and Regional Committees of the Bargaining Council
45. Special Provisions Limited to Construction Sites covered by Project Labour Agreements
46. Time Off for the Training of Shop Stewards and for Trade Union Office Bearers to attend Union meetings
47. Time Off for Representatives of Party Trade Unions who act as Trustees of the Industry Benefit Funds or who are Office Bearers of the MERSETA, Metal and Plastics Chamber
48. Employee Training
49. Industry Policy Forum
50. General
Part 2
1. Wages and/or Earnings
2. Allowances
3. Wage Tables
A. For the period 1 July 2021 to 30 June 2022
(a) Wage Rates applicable to operations scheduled at Rates A to H, including Watchman's Work, throughout this Agreement
(b) Wage Rates applicable to Vehicle Driving - External Transport including Forklift Driving
(c) Wage Rates with Specific Application to the operations listed herein
(d) Wage Rates applicable to operations in Schedule F ONLY
(e) Wage Rates applicable to Apprentices only
(f) Wage Rates applicable to Operations in Division D/7 ONLY
B. For the period 1 July 2022 to 30 June 2023
(a) Wage Rates applicable to operations scheduled at Rates A to H, including Watchman's Work, throughout this Agreement
(b) Wage Rates applicable to Vehicle Driving - External Transport including Forklift Driving
(c) Wage Rates with Specific Application to the operations listed herein
(d) Wage Rates applicable to operations in Schedule F ONLY
(e) Wage Rates applicable to Apprentices only
(f) Wage Rates applicable to Operations in Division D/7 ONLY
C. For the period 1 July 2023 to 30 June 2024
(a) Wage Rates applicable to operations scheduled at Rates A to H, including Watchman's Work, throughout this Agreement
(b) Wage Rates applicable to Vehicle Driving - External Transport including Forklift Driving
(c) Wage Rates with Specific Application to the operations listed herein
(d) Wage Rates applicable to operations in Schedule F ONLY
(e) Wage Rates applicable to Apprentices only
(f) Wage Rates applicable to Operations in Division D/7 ONLY
4. Technical Schedules
Schedule G
Section (a): General
Wage Rates Applicable to Operations Scheduled in Schedule G are Prescribed in Clause 3(a) of Part II of this Agreement
(i) Learners
(ii) Juveniles
(iii) Cranes and hoists
(iv) Vehicle driving-external transport including forklift driving
(v) Locomotive driving
(vi) Stationary engines
(vii) Pupil engineers and/or approved students
(viii) Watchman's work
(ix) Electrolytic Finishing
(x) Vitreous enamelling
(xi) Machine engraving
(xii) Metal and/or ceramic spraying
Section (b): Electrical engineering (installation/maintenance/repair in the Provinces of the Transvaal and Natal)
Section (c): Saw doctoring and/or sharpening and/or reconditioning and/or repairing all types of cutting tools (excluding machine tools)
Section (d): Structural engineering
Instrumentation Work
Rigging
Mechanical and General Structural Work
Electrical Work
Welding
Scaffolding
Section (e): Fibre-glass boatbuilding
Section (f): Pattern-Making
Section (g): Metal service centres
Section (h): Electronics and/or Telecommunication Division
Section (i): Radio, Television, Refrigeration and Related Equipment and Domestic Electrical Appliances Section (installation, repair and servicing)
Section (j): Stores operations
Schedule M
Wage Rates Applicable Operations Scheduled in Schedule M are prescribed in Clause 3(a) of Part II of this Agreement
I. Machining operations
II. Forming and/or bending and/or press-brake operations
III. Cutting and punching operations
IV. Drilling operations
V. Welding and soldering operations
VI. Miscellaneous operations
VII. Inspecting and checking operations
VIII. Stores Operations
Schedule D
Division D/O
Light Fabricating and/or Light Manufacturing Division (N.E.S.)
Wage Rates Applicable to Operations Scheduled in Division D/O are Prescribed in Clause 3(a) of Part II of this agreement_2
Section (a): General
Section (b): Precision engineering and cutting tool manufacture
Division D/1
Agricultural Implement and/or irrigation Machinery (including Windmills) and/or Engines Manufacturing, Erecting and Assembling Division
Wage Rates Applicable to Operations Scheduled in Division D/1 are prescribed in Clause 3(a) of Part II of this Agreement
Division D/2
Chain Manufacturing Division
Wage Rates Applicable to Operations Scheduled in Division D/2 are prescribed in Clause 3(a) of Part II of this Agreement
Division D/3
Cycle Manufacturing Division
Wage Rates Applicable to Operations Scheduled in Division D/3 are Prescribed in Clause 3(a) of Part II of this Agreement
Section (a): General
Section (b): Plastics operations
Division D/4
Edge Hand and/or Small Tools
Wage Rates Applicable to Operations
Division D/5
Press Knife and Cutter and Footwear Tack
Wage Rates Applicable to Operations
Division D/6
Foundry and/or Castings Division
Overriding Provisions
Wage Rates Applicable to Operations
Division D/7
Gate and Fence Manufacturing Division
Wage Rates Applicable to Operations
Section (a) - Manufacturing of fencing
Section (b) - Miscellaneous manufacturing
Division D/8
Industrial Fasteners Manufacturing Division
Wage Rates Applicable to Operations
Vehicle and Forklift Driving
Division D/9
Lead Products Manufacturing Division
Wage Rates Applicable to Operations
Division D/10
Manufacture of Carbon Products Division
Wage Rates Applicable to Operations
Division D/11
Electrical Element Manufacture Division
Wage Rates Applicable to Operations
Division D/12
Windows and/or Doors and/or Flyscreens
Wage Rates Applicable to Operations
Division D/13
Neon Signs and/or Electric
Wage Rates Applicable to Operations
Division D/14 - Covered Elsewhere
Division D/15
Spring Manufacturing Division
Wage Rates Applicable to Operations
Division D/16
Steel Reinforcement Division
Wage Rates Applicable to Operations
Division D/17
Tungsten Carbide Tipped Drilling Equipment
Wage Rates Applicable to Operations
Division D/18
Wire Drawing and/or Working
Wage Rates Applicable to Operations
Section (a): Wire drawing
Section (b): Wire drawing die manufacture
Section (c): Wire working and/or weaving
Division D/19
Wire and Rope Manufacturing Division
Wage Rates Applicable to Operations
Section (a): Cable stranding plant
Section (b): Fibre core making plant
Section (c): Wire drawing plant
Section (d): Wire drawing die manufacture
Section (e): Wire galvanizing plant
Section (f): Wire rope making plant
Section (g): Wire rope splicing plant
Section (h): Drum-making plant
Section (i): Miscellaneous
Division D/20
Tube and/or Pipe Manufacturing Division
Wage Rates Applicable to Operations
Division D/21
The Manufacture, Including Remanufacture
Wage Rates Applicable to Operations
Division D/22
Sheetmetal Manufacturing Division
Wage Rates Applicable to Operations
Section (a): General
Section (b): Hollowware manufacturing operations
Section (c): Woodworking operations
Division D/23
Electronic, Radio Communications
Wage Rates Applicable to Operations
Division D/24
Tungsten Carbide Tool Manufacture Division
Wage Rates Applicable to Operations
Division D/25
Motor Vehicle Parts and Components
Wage Rates Applicable to Operations
Division D/26
Elevator and/or Escalator Manufacturing Division
Wage Rates Applicable to Operations
Division D/27
Locomotive Manufacturing Division
Wage Rates Applicable to Operations
Section (a): Electrical work and related activities
Section (b): Mechanical work and related activities
Section (c): Painting and related activities
Section (d): Woodworking and related activities
Division D/28
Railway Wagon Manufacturing
Wage Rates Applicable to Operations
Section (a): Electrical work and related activities
Section (b): Mechanical work and related activities
Division D/29
Electrical Engineering (N.E.S.) Division
Wage Rates Applicable to Operations
Section (a): Transformers
Section (b): Motors
Section (c): Switchgear and accessories
Section (d): Field work
Section (e): General electrical
Section (f): General mechanical
Division D/30
Bright Bar Manufacturing Division
Wage Rates Applicable to Operations
Division D/31
Forging Division
Wage Rates Applicable to Operations
Section (a): Closed-Die Forging (Closed-Impression Forging)
Section (b1): Open-Die Forging on Hammers
Section (b2): Open-Die Press Forging
Division D/32
Radio, Television and Related Equipment
Wage Rates Applicable to Operations
Division D/33
Metal Container Manufacturing
Vehicle Driving-External Transport
Cranes and Hoists
Stores Operations
Schedule E/1
Coaching Stock Division
Wage Rates Applicable to Operations
Section (a): Electrical work and related activities
Section (b): Mechanical work and related activities
Section (c): Woodworking and related activities
Section (d): Painting and related activities
Division E/2
Burglar and Other Similar
Wage Rates Applicable to Operations
Section (a): Manufacturing Section
Section (b): Installation Work
Section (c): Standby duty for employees
Schedule E/3
Industrial Refrigeration and Air-Conditioning Industry Division
Wage Rates Applicable to Operations Scheduled in Schedule E/3 are Prescribed in Clause 3(a) of Part II of this agreement
Section (a) - Manufacture and Fabrication. (Shopwork)
Section (b): Installation Section
Subsection (b)(i): General
Subsection (b)(ii): Piping
Subsection (b)(iii): Ductwork
Subsection (b)(iv): Insulation
Subsection (b)(v): Electrical
Subsection (b)(vi): Pneumatic
Schedule F
Manufacture and/or Remanufacture of Electrical Cable and/or Electrical Conductors (Excluding Busbars)
Wage Rates Applicable to Operations Scheduled in Schedule F are Prescribed in Clause 3(d) of Part II of this agreement
Section (a): Exceptions
Section (b): Employment at Group Z work
5. Annexures
Annexure A - Security of Employment and Severance Pay
Annexure B - Five-Grade Job and Wage Structure
Annexure C - The Skills Definitions Accompanying the New Five-Grade Structure
Annexure D - Productivity Bargaining
Annexure E - Employee Share Option Participation Schemes (ESOPS) and the requirements of the Broad Based Black Economic Empowerment Act (BBBEE Act)
Annexure F
Code of Good Practice on Key aspects of HIV/AIDS and Employment
1. Introduction
2. Objectives
3. Policy Principles
4. Application and Scope
5. Legal Framework
6. Promoting a Non-Discriminatory Work Environment
7. HIV Testing, Confidentiality and Disclosure
8. Promoting a Safe Workplace
9. Compensation for Occupationally Acquired HIV
10. Employee Benefits
11. Dismissal
12. Grievance Procedures
13. Management of HIV in the Workplace
14. Assessing the Impact of HIV/AIDS on the Workplace
15. Measures to Deal with HIV/AIDS within the Workplace
16. Information and Education
Glossary
Annexure G - Attendance of Worker Representatives on National and Regional Bargaining Council Committees
Annexure H - Construction Sites covered by a Project Labour Agreement
Annexure I - Establishment of Industry Policy Forum
Annexure J - Phase-in Exemption
Annexure K - National Exemptions Policy
1. Introduction
2. Fundamental Principles
Criteria for Exemption
3. Small Business Exemption
4. Struggling Business Exemption
5. Phase-in Exemption
6. Application for deferral of Compliance with an Agreement
7. Labour Broker Package Rate Exemptions
8. Labour Broker Fund Exemptions
9. Pension, Provident and Sick Pay Fund Exemptions
10. Exemptions from Payment of Interest
11. Ship Building / Repair Exemption
Annexure 1: Application for exemption form
Annexure 2: Application for package rate exemption form
Annexure 3: Appeals guidelines
Constitution
The Independent Exemptions Appeal Board for the Metal and Engineering Industries Bargaining Council
Part 1: Introductory provisions
Part 2: The Board
Part 3: Appeal procedures
Schedule - Definitions
Bargaining Council for the Motor Industry
Main Collective Agreement
Schedule
Division A : Provisions Applicable to all Establilshments in the Industry
Clause 1 : Preamble
Clause 2 : Scope of Application and Definitions
2.1 Scope of Application
2.2 Definitions
Definitions (A)
Definitions (B)
Definitions (C)
Definitions (D - F)
Definitions (G)
Definitions (H - L)
Definitions (M)
Definitions (N - O)
Definitions (P - Q)
Definitions (R)
Definitions (S)
Definitions (T - V)
Definitions (W)
Clause 3 : Particulars of Employment and Remuneration
3.1 Presumptions
3.2 Letter of Appointment
3.3 Change in Conditions of Employment
3.4 Prohibited Employment
3.5 Casual Employees
3.6 Fixed Term Contract
3.7 Temporary Employment Service
3.8 Payment of Earnings
3.9 Differential Rates of Wages and Employment on Journeyman's Work
3.10 Piece Work
3.11 Commission Work
3.12 Stand-By and Call-Out Allowances
3.13 Travelling Allowances
Clause 4 : Regulation of Working Hours
4.1 Hours of Work
A. Division B employees
B. All other employees
4.2 Overtime
A. Division B employees
B. All other employees
4.3 Sunday Work
A. Division B employees
B. All other employees
4.4 Shift Work
4.5 Night Work
4.6 Short-Time
4.7 Special Provisions relating to Watchmen
Clause 5 : Leave
5.1 Annual Leave and Accrued Leave Pay
(1) Definitions
(2) Annual Leave
(3) Commencement of annual leave
(4) Calculation of annual leave
(5) Public Holiday falling within annual leave
(6) Prohibition relating to annual leave
(7) Deductions from leave pay
(8) Outstanding leave on termination of services
(9) Accrued Leave Pay
(10) Leave pay on closing of establishment once a year
5.2 Sick Leave
5.3 Maternity Leave
5.4 Family Responsibility Leave
Clause 6 : Additional Holiday Pay & Holiday Bonus
6.1 Holiday Bonus
6.2 Additional Holiday Pay : Applicable only to Grade 7 & 8 Employees
6.3 Additional Holiday Pay for Apprentices
Clause 7 : Termination of Employment
7.1 Termination of Service
7.2 Suspension of Employees
7.3 Retrenchment Pay
7.4 Desertion
7.5 Certificate of Service
Clause 8 : Enforcement
8.1 Exemptions
8.2 Exemption Board
8.3 Resolution of Disputes
Clause 9 : General
9.1 Outwork
9.2 Driving of Motor Vehicles
9.3 Damage to Vehicles and/or Loss of Property and/or Assets
9.4 Supply of Overalls and Garments
9.5 Supply of Tools
9.6 Public Holidays
Division B
Clause 1 : Scope of Application
Clause 2 : Wages
(1) - Minimum wages
(2) - Wage Schedules
(2)(a) - Wage Schedules
(2)(b) - Wage Schedules
(2)(c) - Wage Schedules
Division C
Chapter I
Clause 1 : Scope of Application
Clause 2 : Wages
3(a) Wage Schedules
3(b) Wage Schedules
3(c) Wage Schedules
Clause 3 : Ratio
Chapter II : Vehicle Body Building Establishments
Clause 1 : Scope of Application
Clause 2 : Wages
3(a) Wage Schedules
3(b) Wage Schedules
3(c) Wage Schedules
Clause 3 : Employees/Ratio
Chapter III : Manufacturing Establishments
Clause 1 : Scope of Application ...
Clause 2 : Wages
(8)(a) Wage Schedules
(8)(b) Wage Schedules
(8)(c) Wage Schedules
Clause 3 : Employees
Chapter IV : Automotive Engineering Establishments
Clause 1 : Scope of Application ...
Clause 2 : Wages
(3)(a)
(3)(b)
(3)(c)
Clause 3 : Employees
Chapter V : Reconditioning Establishments
Clause 1 : Scope of Application ...
Clause 2 : Wages
(5)(a)
(5)(b)
(5)(c)
Clause 3 : Employees
Division D : Special Provisions relating to Sectors
Clause 1 : Scope of Application
Clause 2 : Defintions
Clause 3 : Guaranteed Wages Increases
(1) Guaranteed Wage Increases
(1)(i)A.
(1)(ii)A.
(1)(iii)A.
(1)(iv)B.
(1)(v)B.
(1)(vi)B.
(1)(vii)C.
(1)(viii)C.
(1)(ix)D.
(1)(x)D.
(1)(xi)D.
(1)(xii)E.
(1)(xiii)E.
(1)(xiv)E.
(2) Minimum wage Sector 6
(3) Minimum wage Sector 6 (continued)
(4) Minimum wage Sector 6 (continued)
Clause 4 : Payment of Earnings
Clause 5 : Ratio Provisions
Annexures
Annexure A
Annexure B
Annexure C
Annexure D
Mandatory Tools and Equipment required for Accreditation as a Suspension Fitment Centre/Workshop
Extension to Non-Parties of the Main Collective Agreement
Notice No. R. 220 of 2021
Schedule
Provisions applicable to all establishments in the Industry
Preamble
Division A
Clause 1: Scope of Application
Clause 2: Definitions
Definitions (A)
Definitions (B)
Definitions (C)
Definitions (D - F)
Definitions (G)
Definitions (H - L)
Definitions (M)
Definitions (N - O)
Definitions (P - Q)
Definitions (R)
Definitions (S)
Definitions (T - V)
Definitions (W)
Clause 3: Particulars of Employment and Remuneration
3.1 Presumptions
3.2 Letter of Appointment
3.3 Change in Conditions of Employment
3.4 Prohibited Employment
3.5 Casual Employees
3.6 Fixed Term Contract
3.7 Temporary Employment Service
3.8 Payment of Earnings
3.9 Deductions from Earnings
3.10 Differential Rates of Wages and Employment on Journeyman's Work
3.11 Piece Work
3.12 Commission Work
3.13 Stand-by and Call-out Allowances
3.14 Travelling Allowances
Clause 4: Regulation of Working Hours
4.1 Hours of Work
A. Division B employees
B. All other employees
4.2 Overtime
A. Division B employees
B. All other employees
4.3 Sunday Work
A. Division B employees
B. All other employees
4.4 Shift Work
4.5 Night Work
4.6 Short-Time
4.7 Special Provisions relating to Watchmen
Clause 5: Leave
5.1 Annual Leave and Accrued Leave Pay
(1) Definitions
(2) Annual Leave
(3) Commencement of Annual Leave
(4) Calculation of annual leave
(5) Public Holiday falling within annual leave
(6) Prohibition relating to annual leave
(7) Deductions from leave pay
(8) Outstanding leave on termination of services
(9) Accrued Leave Pay
(10) Leave pay on closing of establishment once a year
5.2 Sick Leave
5.3 Maternity Leave
5.4 Other Parental Leave
5.5 Family Responsibility Leave
Clause 6 : Additional Holiday Pay & Holiday Bonus
6.1 Holiday Bonus
6.2 Additional Holiday Pay : Applicable only to Grade 7 & 8 Employees
6.3 Additional Holiday Pay for Apprentices
Clause 7 : Termination of Employment
7.1 Termination of Service
7.2 Suspension of Commission Earners
7.3 Retrenchment Pay
7.4 Desertion
7.5 Certificate of Service
Clause 8 : Enforcement
8.1 Exemptions
8.2 Independent Board
8.3 Resolution of Disputes
Clause 9 : General
9.1 Outwork
9.2 Driving of Motor Vehicles
9.3 Damage to Vehicles and/or Loss of Property and/or Assets
9.4 Supply of Overalls and Garments
9.5 Supply of Tools
9.6 Public Holidays
Division B
Clause 1 : Scope of Application
Clause 2 : Wages
(1) - Minimum wages
(2) - Wage Schedules
Division C
Chapter I
Clause 1 : Scope of Application
Clause 2 : Wages
Clause 3 : Ratio
Chapter II : Vehicle Body Building Establishments
Clause 1 : Scope of Application and Registration
Clause 2 : Wages
Clause 3 : Employees/Ratio
Chapter III : Manufacturing Establishments
Clause 1 : Scope of Application and Registration
Clause 2 : Wages
Clause 3 : Employees
Chapter IV : Automotive Engineering Establishments
Clause 1 : Scope of Application and Registration
Clause 2 : Wages
Clause 3 : Employees
Chapter V : Reconditioning Establishments
Clause 1 : Scope of Application and Registration
Clause 2 : Wages
Clause 3 : Employees
Division D : Special Provisions relating to Sectors
Clause 1 : Scope of Application
Clause 2 : Definitions
Clause 3 : Guaranteed Wages Increases
(1) Guaranteed Wage Increases: Sectors 1 (Chapter ll), 2, 3, 4, 5, and 7
(2) Minimum Wage Sector 6
Clause 4 : Payment of Earnings
Clause 5 : Ratio Provisions
Annexures
Annexure A
Annexure B
Annexure C
Annexure D
Mandatory Tools and Equipment required for Accreditation as a Suspension Fitment Centre/Workshop
Extension to Non-Parties of the Main Collective Agreement
Notice No. R. 3226 of 2023
Schedule
Preamble
1. Period of Operation of Agreement
2. Centralized Bargaining
3. Application of the Basic Conditions of Employment Act (Act No. 75 of 1997)
4. Peace Clause
5. Training Lay-Off Scheme
6. Equal Work for Equal Pay
Division A
Clause 1: Scope of Application
Clause 2: Definitions
Definitions (A)
Definitions (B)
Definitions (C)
Definitions (D - F)
Definitions (G)
Definitions (H - L)
Definitions (M)
Definitions (N - O)
Definitions (P - Q)
Definitions (R)
Definitions (S)
Definitions (T - V)
Definitions (W)
Clause 3: Particulars of Employment and Remuneration
3.1. Presumptions
3.2. Letter of Appointment
3.3. Change in Conditions of Employment
3.4. Prohibited Employment
3.5. Casual Employees
3.6. Fixed Term Contract
3.7. Temporary Employment Service
3.8. Payment of Earnings
3.9. Deductions from Earnings
3.10. Differential Rates of Wages and Employment on Artisan's work
3.11. Piece Work
3.12. Commission Work
3.13. Stand-by and Call-out Allowances
3.14. Travelling Allowances
Clause 4: Regulation of Working Hours
4.1. Hours of work
4.2. Overtime
4.3. Sunday work
4.4. Shift work
4.5. Night work
4.6. Short-time
4.7. Special provisions relating to Watchmen
Clause 5: Leave
5.1. Annual Leave and Accrued Leave pay
5.2. Sick Leave
5.3. Maternity Leave
5.4. Other Parental Leave
5.5. Family Responsibility Leave
Clause 6: Additional Holiday Pay & Holiday Bonus
6.1. Holiday Bonus
6.2. Additional Holiday Pay: Applicable only to Grade 7 & 8 Employees
6.3. Additional Holiday Pay for Apprentices
Clause 7: Termination of Employment
7.1. Termination of Service
7.2. Suspension of Commission Earners
7.3. Retrenchment Pay
7.4. Desertion
7.5. Certificate of Service
Clause 8: Enforcement
8.1. Exemptions
8.2. Exemption Appeals
8.3. Resolution of Disputes
Clause 9: General
9.1. Outwork
9.2. Driving of Motor Vehicles
9.3. Damage to Vehicles and/or Loss of Property and/or Assets
9.4. Supply of Overalls and Garments
9.5. Supply of Tools
9.6. Public Holidays
Division B
Clause 1: Scope of Application
Clause 2: Wages
Division C
Chapter 1: Establishments not registered under either Chapter II, III, IV or V
Clause 1: Scope of Application
Clause 2: Wages
Clause 3: Ratio
Chapter 2: Vehicle Body Building Establishments
Clause 1: Scope of Application and Registration
Clause 2: Wages
Clause 3: Employees / Ratio
Chapter 3: Manufacturing Establishments
Clause 1: Scope of Application and Registration
Clause 2: Wages
Clause 3: Employees
Chapter 4: Automotive Engineering Establishments
Clause 1: Scope of Application and Registration
Clause 2: Wages
Clause 3: Employees
Chapter 5: Reconditioning Establishments
Clause 1: Scope of Application and Registration
Clause 2: Wages
Clause 3: Employees
Division D: Special Provisions relating to Sectors
Clause 1: Scope of Application
Clause 2: Definitions
Clause 3: Guaranteed Wages Increases
1. Guaranteed Wage Increases: Sectors 1 (Chapter II), 2, 3, 4, 5 and 7
A. Wage Schedule : Sector 1 (Chapter II), 2, 3, 4, 5 and 7 (Division B: Clause 2: Wages)
B. Sectors 4, 5 and 7 (Division C: Chapter 1 - Clause 2 - Wages)
C. Sector 1 (Division C: Chapter ll - Clause 2 : Wages)
D. Sector 3 (Division C: Chapter IV - Clause 2 - Wages)
E. Sector 2 (Division C: Chapter V - Clause 2 : Wages)
2. Minimum Wage Sector 6
Clause 4: Payments of Earnings
Clause 5: Ratio Provisions
Annexures
Annexure A: Certificate of Service
Annexure B
Annexure C: Tool List
Annexure D: Application for Registration as an accredited suspension workshop under Chapter l - Division C of the main agreement
Motor Industry Provident Fund Collective Agreement
[Cancelled] Extension of Period of Operation of the Motor Industry Provident Fund Agreement
Notice No. R. 1128 of 2019
Cancellation of Government Notices
Notice No. R. 688 of 2020
Extension to Non-Parties of the Motor Industry Provident Fund Collective Agreement
Notice No. R. 688 of 2020
Schedule
Clause 1: Period of Operation
Clause 2: Scope of Application of Agreement
Clause 3: Definitions
Clause 4: Establishment and Objects of the Fund
Clause 5: Membership
Clause 6: Contributions
Clause 7: Administration
Clause 8: Liquidation or Dissolution
Clause 9: Agents
Clause 10: Exemptions
Clause 11: Dishonoured Cheques
Clause 12: Independent Board
Clause 13: Resolution of Disputes
Annexures
Annexure A : Application for Registration as a Member
Annexure B : Application for Registration as a Voluntary Member
[Cancelled] Extension of Period of Operation of the Motor Industry Provident Fund Collective Agreement to Non-Parties
Notice No. R. 2405 of 2022
Cancellation of Government Notice - R.2405 of 24 August 2022
Notice No. R. 3367 of 2023
The Autoworkers Provident Fund Agreement
[Cancelled] Extension of Period of Operation of the Autoworkers Provident Fund Agreement
Notice No. R. 1127 of 2019
Extension to non-parties of the Autoworkers' Provident Fund Agreement
Notice No. R. 689 of 2020
Schedule
Clause 1 : Period of Operation
Clause 2 : Scope of Application of Agreement
Clause 3 : Definitions
Clause 4 : Establishment and Objects of the Fund
Clause 5 : Membership
Clause 6 : Contributions
Clause 7 : Administration
Clause 8 : Liquidation or Dissolution
Clause 9 : Agents
Clause 10 : Exemptions
Clause 11 : Dishonoured Cheques
Clause 12 : Independent Board
Clause 13 : Resolution of Disputes
Annexures
Annexure A : Application for Registration as a Member
Annexure B : Application for Registration as a Voluntary Member
[Cancelled] Extension of Period of Operation to Non-Parties of the Autoworkers' Provident Fund Collective Agreement
Notice No. R. 2406 of 2022
Cancellation of Government Notice - R.2406 of 24 August 2022
Notice No. R. 3366 of 2023
Extension to Non-Parties of the Autoworkers Provident Fund Collective Agreement
Notice No. R. 3368 of 2023
Schedule
Clause 1 - Period of Operation
Clause 2 - Scope of Application of Agreement
Clause 3 - Definitions
Clause 4 - Establishment and Objects of the Fund
Clause 5 - Membership
Clause 6 - Contributions
Clause 7 - Administration
Clause 8 - Liquidation or Dissolution
Clause 9 - Agents
Clause 10 - Exemptions
Clause 11 - Remittance
Clause 12 - Independent Board
Clause 13 - Resolution of Disputes
Annexures
Annexure A - Autoworkers' Provident Fund Application for Registration as a Member
Annexure B - Autoworkers' Provident Fund Application for Registration as a Voluntary Member
Administrative Collective Agreement
Extension to Non-Parties of the Administrative Collective Agreement
Notice No. 137 of 2021
Schedule
Clause 1 - Scope of Application
Clause 2 - Period of Operation of Agreement
Clause 3 - Definitions
Clause 4 - Exemptions
Clause 5 - Wage Exemptions Board
Clause 6 - Independent Board
Clause 7 - Deductions from Earnings
Clause 8 - Administration & Enforcement of Agreement
Clause 9 - Agents
Clause 10 - Registration of Employers and Employees
Clause 11 - Exhibition of Agreement and Posting of Notices
Clause 12 - Records to be kept by Employers
Clause 13 - Returns to the Council
Clause 14 - Subscriptions to the Trade Unions and Employers' Organisations
Clause 15 - Employees' Representatives on the Council
Clause 16 - Prohibition of Cession of Benefits
Clause 17 - Presumptions
Clause 18 - Contingency Reserve
Clause 19 - Dishonoured Cheques
Clause 20 - Revision of Wages
Clause 21 - Legal Costs
Clause 22 - Interest Clause
Clause 23 - Resolution of Disputes
Annexure A - Registration as Employer in the Motor Industry
[Cancelled] Extension of Period of Operation to Non-Parties of the Motor Industry Administrative Fund Collective Agreement
Notice No. R. 2407 of 2022
Cancellation of Government Notice
Notice No. R. 3227 of 2023
Extension to Non-Parties of the Administrative Collective Agreement
Notice No. R. 3225 of 2023
Schedule
Clause 1 - Scope of Application
Clause 2 - Period of Operation of Agreement
Clause 3 - Definitions
Clause 4 - Exemptions
Clause 5 - Wage Exemptions Board
Clause 6 - Independent Board
Clause 7 - Deductions from Earnings
Clause 8 - Administration & Enforcement of Agreement
Clause 9 - Agents
Clause 10 - Registration of Employers and Employees
Clause 11 - Exhibition of Agreement and Posting of Notices
Clause 12 - Records to be kept by Employers
Clause 13 - Returns to the Council
Clause 14 - Subscriptions to the Trade Unions and Employers' Organisations
Clause 15 - Employees' Representatives on the Council
Clause 16 - Prohibition of Cession of Benefits
Clause 17 - Presumptions
Clause 18 - Contingency Reserve
Clause 19 - Remittance
Clause 20 - Revision of Wages
Clause 21 - Legal Costs
Clause 22 - Interest Clause
Clause 23 - Resolution of Disputes
Annexures
Annexure A : Registration as Employer in the Motor Industry ( Clause 10 of the MIBCO Administrative Agreement)
Annexure B : Registration as an Employee in the Motor Industry (S13A of the Pension Funds Act No. 24 of 1956)
Motor Industry Sick, Accident and Maternity Pay Fund Agreement, 2017
Schedule
Clause 1 - Period of Operation of Agreement
Clause 2 - Scope of Application of Agreement
Clause 3 - Definitions
Clause 4 - Continuation and Objects of the Fund
Clause 5 - Membership
Clause 6 - Contributions
Clause 7 - Benefits
Clause 8 - Administration
Clause 9 - Powers and Duties of MIBCO Governing Board
Clause 10 - Financial Control
Clause 11 - Indemnity
Clause 12 - Disputes
Clause 13 - Expiration of Agreement and Dissolution of the Council
Clause 14 - Liquidation
Clause 15 - Agents
Clause 16 - Exemptions
Clause 17 - Prescription
Clause 18 - Dishonoured Cheques
Motor Industry Sick, Accident and Maternity Pay Fund Rules, 2019
Schedule
1. Name
2. Definitions
3. Addresses
4. Membership
5. Benefits
6. Claims
7. Benefits not Alienable or Executable
8. Medical and Dental Examinations
9. Penalties
10. Local Committees
Annexures
Annexure A: Exclusions (Sick, Accident and Maternity Pay Fund)
Annexure B: Application for Membership
Annexure C: Motor Industry Maternity Benefit Fund for Female Union Members
Bargaining Council for the Motor Ferry Industry
Main Collective Agreement
Notice No. R.356 of 2013
Schedule
1. Scope of Application
2. Period of Operation of Agreement
3. Definitions
4. Registration of and Particulars to be Furnished by Employers
5. Wages
6. Allowances
7. Payment of Remuneration
8. Hours of Work
9. Rest Days for Longhaul Carrier Drivers
10. Further Specific Provisions for Long Distance Carrier Drivers
11. Short Time
12. Leave
13. Family Responsibility Leave
14. Sick Leave
15. Sangoma Leave
16. Maternity Leave
17. Study and Examination Leave
18. Vacancies and Promotion
19. Provident Fund
20. 13th Cheque
21. Tax Deduction 13th Cheque
22. Termination of Employment
23. Payment Instead of Notice
24. Severance Pay
25. Expenses of the Council
26. Exemptions by the Council
27. Exhibition of Agreement and Notices
28. Agents to the Council
29. Medical Scheme
30. Study Grant Scheme
31. Dishonoured Cheques
32. Enforcement/Legal Costs
33. Time and Wage Registers
34. Interest Clause
35. Professional Driving Permit
36. Participation in Transport Education and Training Authority
37. Cross Border Expediting Fees
38. Levels and Procedure for Bargaining in the Industry
39. Resolution of Disputes
Annexures
Annexure 1
Annexure 2
Annexure 3
Annexure 4
Annexure 5
Variation of Scope
Notice No. 1054 of 2012
Annexure
Notice No. 527 of 2020
Annexure
Extension to non-parties of the Main Collective Agreement
Notice No. R. 1363 of 2020
Schedule
1. Scope of Application
1. Period of Operation of Agreement
2. Definitions
3. Registration of and particulars to be furnished by Employers
4. Wages
5. Allowances
6. Extended Bargaining Unit
7. Payment of Remuneration
8. Hours of Work
9. Rest Days for Longhaul Carrier Drivers
10. Further specific provisions for Long-Distance Carrier Drivers
11. Short Time
12. Leave
13. Family Responsibility Leave
14. Sick Leave
15. Sangoma Leave
16. Maternity Leave
17. Study and Examination Leave
18. Vacancies and Promotion
19. Provident Fund
20. Thirteenth Cheque
21. Termination of Employment
22. Payment instead of Notice
23. Severance Pay
24. Expenses of the Council
25. Exemptions by the Council
26. Exhibition of Agreement and Notices
27. Agents to the Council
28.
29. Study Grant Scheme
30. Dishonoured Cheques
31. Enforcement/Legal Costs
32. Time and Wage Registers
33. Interest Clause
34. Professional Driving Permit
35. Participation in Transport Education and Training Authority
36. Cross Border Expediting Fees
37. Levels and Procedure for Bargaining in the Industry
38. Resolution of Disputes
Annexures
Annexure 1 : Industry Job Grades in Bargaining Unit from the date of coming into operation of this Agreement
Annexure 2 : Certificate of Registration
Annexure 3 : Certificate of Service
Annexure 5 : Referrals to Arbitration
Annexure 6 : Minimum Wages per Job Grade
Extension to non-parties of the Main Collective Agreement
Notice No. 1496 of 2022
Schedule
1. Scope of Application
2. Period of Operation of Agreement
3. Definitions
4. Registration of and particulars to be furnished by Employers
5. Wages
6. Allowances
7. Payment of Remuneration
8. Hours of Work
9. Rest days for Longhaul Carrier Drivers
10. Further specific provisions for Long-Distance Carrier Drivers
11. Short Time
12. Leave
13. Family Responsibility Leave
14. Sick Leave
15. Sangoma Leave
16. Maternity Leave
17. Study and Examination Leave
18. Vacancies and Promotion
19. Provident Fund
20. Medical Aid
21. Thirteenth Cheque
22. Termination of Employment
23. Payment instead of Notice
24. Severance Pay
25. Expenses of the Council
26. Exemptions by the Council
27. Exhibition of Agreement and Notices
28. Agents to the Council
29. Study Grant Scheme
30. Dishonoured Cheques
31. Enforcement / Legal Costs
32. Time and Wage Registers
33. Interest Clause
34. Professional Driving Permit
35. Participation in Transport Education and Training Authority
36. Cross Border Expediting Fees
37. Levels and Procedure for Bargaining in the Industry
38. Resolution of Disputes
Annexures
Annexure 1: Industry Job Grades in Bargaining Unit from the date of coming into operation of this Agreement
Annexure 2: Certificate of Registration
Annexure 3: Certificate of Service
Annexure 4: Referrals to Arbitration
Annexure 5: Minimum Wage Rates
National Bargaining Council for the Private Security Sector
Main Collective Agreement
Notice No. R. 193 of 2020
Schedule
1. Scope of Application of Agreement
2. Period of Operation of the Agreement
3. Definitions
4. Remuneration
5. Payment of Remuneration
6. Ordinary hours of work, overtime and payment for overtime
7. Annual Bonus
8. Compensation for work on a Public Holidays
9. Compensation for work on a Sunday
10. Annual Leave
11. Sick Leave
12. Proof of Incapacity
13. Family Responsibility Leave
14. Maternity Leave
15. Maternity Benefits
16. Study Leave
17. Service Benefit
18. Transfer Allowance
19. Written particulars of Employment
20. Keeping of Records
21. Presumption as to who is an Employee
22. Weapons, Uniforms, Overalls and Protective Clothing
23. Temporary Employment Services, Labour Brokers and Independent Contractors
24. Prohibition of Employment of Children
25. Prohibition of Forced Labour
26. Termination of Contract of Employment
27. Severance Pay
28. Certificate of Service
29. Attendance Register
30. Private Security Sector Provident Fund
31. Employers to keep a copy of this Agreement
32. Variation by Agreement
33. Agents
34. Exemption and Appeals
35. Levy Contributions and Agreement
36. Levels of Bargaining
37. Administration of Agreement
38. Superseding of previous Government Gazettes
[Cancelled] Extension to Non-parties of the Main Collective Agreement
Notice No. 1530 of 2022
Schedule
1. Scope of Application of Agreement
2. Period of Operation of the Agreement
3. Definitions
4. Remuneration
5. Health Insurance
6. Payment of Remuneration
7. Ordinary Hours of Work, Overtime and Payment for Overtime
8. Annual Bonus
9. Compensation for Work on a Public Holidays
10. Compensation for Work on a Sunday
11. Annual Leave
12. Sick Leave
13. Proof of Incapacity
14. Family Responsibility Leave
15. Maternity Leave
16. Maternity Benefits
17. Study Leave
18. Service Benefit
19. Written particulars of Employment
20. Keeping of Records
21. Presumption as to who is an Employee
22. Weapons, Uniforms, Overalls and Protective Clothing
23. Temporary Employment Services, Labour Brokers and Independent Contractors
24. Prohibition of Employment of Children
25. Prohibition of Forced Labour
26. Termination of Contract of Employment
27. Severence Pay
28. Certificate of Service
29. Attendance Register
30. Private Security Sector Provident Fund
31. Employers to keep a copy of this Agreement
32. Variation by Agreement
33. Designated Agents
34. Exemption and Appeals
35. Levels of Bargaining
36. Administration of Agreement
37. Superseding of previous Government Gazettes
38. Dispute Resolution
Part One: Serving and Filing of Documents
Part Two: Conciliation of Disputes
Part Three: Con-Arb in terms of Section 191(5A)
Part Four: Arbitrations
Part Five: Rules that apply to Conciliations and Arbitrations and Con-Arbs
Part Six: Applications
Part Seven: Section 188A Inquiry
Part Eight: General
Extension to Non-Parties of the Main Collective Amending Agreement
Notice No. 334 of 2021
Schedule
1. Scope of Application of Agreement
2. Period of Operation of the Agreement
[Cancelled] Extension of Period of Operation of the Main Collective Agreement
Notice No. 1529 of 2022
Cancellation of Government Notices R.1529 and R.1530 of 30 December 2022
Notice No. R. 4302 of 2024
Main Collective Agreement
Notice No. R. 4302 of 2024
Schedule
1. Scope of Application of Agreement
2. Period of Operation of the Agreement
3. Definitions
4. Remuneration
5. Health Insurance
6. Payment of Remuneration
7. Ordinary Hours of Work, Overtime and Payment for Overtime
8. Annual Bonus
9. Compensation for Work on a Public Holiday
10. Compensation for Work on a Sunday
11. Annual Leave
12. Sick Leave
13. Proof of Incapacity
14. Family Responsibility Leave
15. Maternity Leave
16. Maternity Benefits
17. Study Leave
18. Service Benefit
19. Written Particulars of Employment
20. Keeping of Records
21. Presumption as to who is an Employee
22. Weapons, Uniforms, Overalls and Protective Clothing
23. Temporary Employment Services, Labour Brokers and Independent Contractors
24. Prohibition of Employment of Children
25. Prohibition of Forced Labour
26. Termination of Contract of Employment
27. Severance Pay
28. Certificate of Service
29. Attendance Register
30. Private Security Sector Provident Fund
31. Employers to keep a copy of this Agreement
32. Variation by Agreement
33. Designated Agents
34. Exemption and Appeals
35. Levels of Bargaining
36. Administration of Agreement
37. Resolution of Disputes
38. Severability
39. Superseding of previous Government Gazettes
40. Dispute Resolution
Part One: Serving and Filing of Documents
1. How to contact the Council
2. When are the offices of the Council open
3. How to calculate time periods in these Rules
4. Who must sign documents
5. How to serve documents on other parties
5A. Notice of proceedings before the Council
6. How to prove that a document was served in terms of the Rules
7. How to file documents with the Council
8. Documents and notices sent by registered mail
9. How to seek condonation for documents delivered late
Part Two: Conciliation of Disputes
10. How to refer a dispute to the Council for conciliation
11. When must the Council notify parties of a conciliation
12. Council may seek to resolve dispute before conciliation
13. What happens if a party fails to attend at conciliation
14. How to determine whether a commissioner may conciliate a dispute
14A. Extension of conciliation period in terms of Section 135(2A) of the Act
15. Issuing of a certificate in terms of Section 135(5)
16. Conciliation proceedings may not be disclosed
Part Three: Con-Arb in terms of Section 191(5A)
17. Conduct of con-arb in terms of Section 191(5A)
Part Four: Arbitrations
18. How to request arbitration
19. When must the parties file statements
20. When the parties must hold a pre-arbitration conference
21. When must the Council notify parties of an arbitration
22. How to determine whether a commissioner may arbitrate a dispute
23. How to postpone an arbitration
Part Five: Rules that apply to Conciliations and Arbitrations and Con-Arbs
24. Where a conciliation or arbitration will take place
25. Representation before the Council
26. How to join or substitute parties to proceedings
27. How to correct the citation of a party
28. When the Council may consolidate disputes
29. Disclosure of documents
30. What happens if a party fails to attend arbitration proceedings before the Council
Part Six: Applications
31. How to bring an application
31A. How to apply for Picketing Rules or the determination of disputes relating thereto (NOT APPLICABLE TO NBCPSS)
31B. How to apply for the enforcement of Written Undertakings and/or Compliance orders (NOT APPLICABLE TO NBCPSS)
32. How to apply to vary or rescind arbitration awards or rulings
33. How to apply to refer a dismissal dispute to the Labour Court
Part Seven: Section 188A Inquiry
34. How to request an inquiry in terms of Section 188A
Part Eight: General
35. Condonation for failure to comply with the Rules and form
36. Recordings of Council proceedings
37. How to have a subpoena issued and served
37A. Expert witnesses
38. Payment of witness fees
39. Order of costs in an arbitration
40. Certification and enforcement of arbitration awards
40A. Payment of an arbitration fee ordered in terms of section 140 of the Act
Schedule One
National Bargaining Council For The Road Freight And Logistics Industry
Main Collective Agreement
Notice No. R. 4 of 2012
Schedule
Part 1 : Application and Duration of Agreement
1. Application of Agreement
1A. Period of Operation of the Agreement
2. Duration of Agreement
Part 2 : Hours of Work
3. Ordinary hours of work
4. Working Days
5. Meal and rest intervals
6. Daily rest period
7. Emergency services
8. Compressed working week
9. Averaging of hours of work
10. Limitation of overtime work
11. Overtime work
12. Time off in lieu of overtime payment
13. Calculation of overtime
14. Sunday work
15. Work on public holidays
16. Night work
17. Overall limitation of hours of work
Part 3 : Leave
18. Annual Leave
19. Sick and Absence Fund
20. Inability to work due to an occupational accident or disease
21. Study leave
22. Family responsibility leave
23. Maternity leave
Part 4 : Benefit Funds
24. Continuation of benefit funds
25. General provisions on contributions to benefit funds and
26. General provisions on the administration of benefit funds
27. Winding-up of benefit funds
28. Administrative provisions on payments out of the Leave Pay Fund
29. Leave Pay Fund
30. The Holiday Pay Bonus Fund
Part 5 : Remuneration
31. Payment of remuneration for employees other than relief employees
32. Prohibited directives and deductions
33. Wages
34. Differential wages
35. Incentive work
36. Subsistence Allowance
36A. Subsistence Allowance
36B. Cross Border Allowance
37. Deductions for loss or damage
38. Deductions for debts to third parties
39. Other deductions
Part 6 : Termination of Employment
40. Notice and payment in lieu of notice
41. Documents to be furnished to an employee on termination
42. Severance pay
43. Payment for accrued leave not taken
44. Retrenchment procedure
Part 7 : Employers' Obligations
45. Registration of and particulars to be furnished by employers
46. Employers to be in possession of the following documents
47. Uniforms and protective clothing
48. Subcontracting
49. Employee representative on the Council
50. Registers
51. Daily logbook
52. Exhibition of Agreement and notices
53. Monthly returns
Part 8 : Collective Bargaining
54. Trade union subscriptions
55. Employers' organisation subscriptions
56. Bargaining unit
57. Levels of bargaining
Part 9 : Prohibited Employment
58. Prohibition of employment
Part 10 : Provisions applicable to particular categories of employees
59. Drivers
60. HAZCHEM employees
61. Part-time employees
62. Relief employees
63. Seasonal workers (sugar transport sector)
64. Short-time in the Furniture Removal Sector
65. Provisions applicable to the CIT sector
65A. Extended Bargaining Unit (EBU) Employees in the CIT Sector
66. Employees of temporary employment services
67. Temporary employees of temporary employment services
67A. Dual Driver system
Part 11 : Administration of Agreement
68. Administration of Agreement
69. Expenses of the Council
70. Dishonoured cheques
71. Enforcement of Agreement
72. Interest
73. Agents to the Council
74. Exemptions by the Council
75. Resolution of disputes
76. Enterprise and supplier development
77. Processes and payment of EBU employees
78. Extension and implementation of the Agreement
79. Existing benefits and practices in the Agreement,
Part 12 : Employment Equity Act
80. Application of the Employment Equity Act
Schedules
Schedule 1: The Geographical Scope of the Main Agreement
Schedule 2: Definitions
Schedule 3: Monthly Return
Schedule 4: Wellness Fund
Schedule 5: Remuneration And Other Monetary Benefits
Schedule 6: Prescribed Forms
Annexure A.1 : Statement of registration with Council
Annexure A.2 : Certificate of Registration
Annexure A.3 : Certificate of service
Annexure A.4 [Deleted] : Monthly return of levies and funds to Council
Annexure A.5 [Deleted] : Pro-rata entitlement advice voucher
Annexure A.6 : Annual payment voucher
Annexure A.7 : Notice of termination of employment
Annexure A.8 : Application for Sick Leave Benefit
Renewal of Period of Operation
Notice No. R. 884 of 2012
Notice No. R. 1101 of 2012
Notice No. R. 1102 of 2012
Notice No. R. 48 of 2014
Notice No. R. 664 of 2014
Notice No. R. 329 of 2016
Notice No. 426 of 2019
Notice No. 1364 of 2019
Extension of Period of Operation of the Main Collective Agreement
Notice No. 831 of 2022
Notice No. R. 3727 of 2023
Notice No. R. 4988 of 2024
Extension to Non-Parties of the Main Collective Amending Agreement
Notice No. 410 of 2021
Schedule
Part 1 : Application and Duration of Agreement
1. Application of Agreement
2. Duration of Agreement
Notice No. 549 of 2021
Schedule
Part 1 : Application and Duration of Agreement
1. Application of Agreement
2. Duration of Agreement
Notice No. 1454 of 2022
Schedule
Part 1: Application and Duration of Agreement
1. Application of Agreement
2. Duration of Agreement
General Notice 1692 of 2023
Schedule
Part 1: Application and Duration of Agreement
1. Application of Agreement
2. Duration of Agreement
Notice No. R. 3727 of 2023
Schedule
Part 1: Application and Duration of Agreement
1. Application of Agreement
2. Duration of the Agreement
Notice No. R. 4988 of 2024
Schedule
Part 1: Application and Duration of Agreement
1. Application of Agreement
2. Duration of Agreement
COVID-19 Personal Protective Equipment Main Collective Agreement - Extension to non-parties
Notice No. 624 of 2020
Schedule
A. Preamble
B. Period of Application
C. Application of Agreement
D. Administrative Measures
E. Social Distancing Measures
F. Health and Safety Measures
G. Small Businesses
H. Worker Obligations
I. Monitoring and Enforcing the Agreement
J. Exemptions Procedure
K. Disputes Resolution
Definitions
Annexure A : Guidelines for Inspections of COVID-19 Occupational Health and Safety measures in the Workplaces
Variation of Scope of the National Bargaining Council for the Road Freight and Logistics Industry
Notice No. 3487 of 2023
Annexure
National Bargaining Council of SA Leather Industry
Tanning Section
Collective Agreement
Schedule
1. Scope of Application of the agreement
2. Date and period of operation
3. Definitions
4. Employees
4.1. Prohibited employment
4.2. Learners
5. Hours of Work
5.1. Ordinary hours
5.2. Overtime hours
5.3. Meal and other rest intervals
5.4. Shift-work
5.5. Short-time
6. Leave
6.1. Annual leave
6.2. Public holidays
6.3. Maternity Leave
6.3A. Paternity Leave, Adoption Leave and Commissioning Leave
6.4. Family Responsibility Leave
6.5. Sick Leave
7. Remuneration
7.1. Wages and Wage rates
7.2. Overtime rates
7.3. Holiday bonus
7.4. Auto Tanning Industry Allowance
8. Organisational rights
8.1. Deduction of trade union subscriptions
8.2. Shop stewards
8.3. Trade union representative on the Council
8.4. Balloting
9. Termination of employment
9.1. Notice
9.2. Severance pay
9.3. Service certificates
10. General
10.1. Insurance of wages in case of fire
10.2. Clothing and Tools
10.3. Calculation of Contributions and levies to Council or Council funds
10.4. HIV/Aids
11. Place of Employment
12. Exemptions
13. Dispute resolution
14. Administration of the agreement
15. Prohibition of Plant Level Bargaining
16. Amendments to this agreement
17. Agency Shop Agreement
Schedule 1 : Wages and Wage Rates
Extension to Non-Parties Tanning Section Collective Agreement
Notice No. R. 886 of 2012
Schedule
1. Scope of Application of Agreement
2. Date and Period of Operation
Notice No. R. 1393 of 2019
Schedule
1. Scope of Application of Agreement
2. Date and Period of Operation
Notice No. R. 218 of 2021
Schedule
1. Scope of Application of Agreement
2. Date and Period of Operation
Extension of Period of Operation of the Tanning Section Collective Agreement
Notice No. R. 455 of 2021
Extension to Non-parties of the Tanning Section Collective Amending Agreement
Notice No. R. 1587 of 2021
Schedule
1. Scope of Application of Agreement
2. Date and Period of Operation
Notice No. R. 2740 of 2022
Schedule
1. Scope of Application of Agreement
2. Date and Period of Operation
Notice No. R. 4039 of 2023
Schedule
1. Scope of Application of Agreement
2. Date and Period of Operation
General Goods and Handbag Section
Collective Agreement
Schedule
1. Scope of Application of Agreement
2. Period of Operation
3. Definitions
4. Wages, Rates and Remuneration
5. Hours of Work
6. Overtime
7. Short-time
8. Public Holidays, Annual Holidays and Maternity Leave
9. Place of Employment and Outwork
10. Termination of Employment
11. Administration of Agreement
12 Prohibition of Employment
13. Organisational Rights
14. Licensing of Learners on certain Operations
15. Wage Incentive Scheme
16. Differential Working
17. Tools
18. Registration of Employers
19. Agency Shop : Employer Organisation
20. Interest : Arrear Wages
21. Retrenchment Procedure
22. Nightwatchman Provisions
23. Exemptions
24. Dispute Resolution
25. Trade Union(s) Bursary Fund
26. Amendments to this Agreement
27. Limited Duration Employment Contract
28. Agency Shop Agreement
Annexures
Annexure A : Service Certificate
Annexure B : Service Certificate
Annexure C
Annexure D : Limited Duration Employment Contract
Extension to Non-Parties of the General Goods and Handbag Sector
Notice No. 1018 of 2011
Notice No. R. 885 of 2012
1. Clause 1 - Scope of Application of Agreement
2. Clause 2 - Date and Period of Operation
3. Clause 13 - Organisational Rights
4. Clause 28 - Agency Shop Agreement
5. Annexure C Wages
1. Wage Rates
2. Proportion and Ratio of Employees
Notice No. R. 1413 of 2019
Schedule
1. Scope of Application of Agreement
2. Date and Period of Operation
Notice No. R. 219 of 2021
Schedule
Clause 1 - Scope of Application of Agreement
Clause 2 - Date and Period of Operation
Notice No. R. 1588 of 2021
Schedule
Clause 1 - Scope of Application of Agreement
Clause 2 - Date and Period of Operation
Notice No. R. 2701 of 2022
Schedule
Clause 1 - Scope of Application of Agreement
Clause 2 - Date and Period of Operation
Notice No. R. 4038 of 2023
Schedule
Clause 1 - Scope of Application of Agreement
Clause 2 - Date and Period of Operation
Extension of Period of Operation of the General Goods and Handbag Section Collective Agreement
Notice No. R. 453 of 2021
Footwear Section
Collective Agreement
Schedule
1. Scope of Application
2. Date and Period of Operation
3. Definitions
4. Registration of Employers
5. Employees
6. Hours of Work
7. Leave
8. Remuneration
9. Termination of Employment
10. Place of Employment and Outwork
11. Organisational Rights
12. General Employer Obligations
13. Administration of the Agreement and Agents
14. Exemptions
15. Dispute Resolution
16. Amendments to this Agreement
17. Enabling Clause
18. Agency Shop Agreement
Annexures
Annexure D
Extension of Period of Operation
Notice No. R. 411 of 2012
Extension to Non-parties of the Footwear Section Collective Amending Agreement
Notice No. R. 1382 of 2019
Schedule
1. Scope of Application
2. Date and Period of Operation
Extension to Non-parties of the Footwear Section Amending Collective Agreement
Notice No R. 217 of 2021
Schedule
1. Scope of Application
2. Date and Period of Operation
Extension of Period of Operation of the Footwear Section Collective Agreement
Notice No. R. 454 of 2021
Extension to Non-parties of the Footwear Sector Amending Collective Agreement
Notice No. R. 1586 of 2021
Schedule
1. Scope of Application
2. Date and Period of Operation
Notice No. R. 2706 of 2022
Schedule
Clause 1: Scope of Application
Clause 2: Date and Period of Operation
Notice No. R. 4040 of 2023
Schedule
Clause 1: Scope of Application
Clause 2: Date and Period of Operation
The Agency Shop Collective Agreement for Employees
Extension to Non-Parties of the Agency Shop Collective Agreement for Employees
Notice No. 909 of 2017
Schedule
1. Scope of application of Agreement
2. Date and Period of Operation
3. Definitions
4. The Agency Shop Agreement
5. Interest on Late Payments
6. Agents
7. Exemptions
8. Dispute resolution
Annexure A : Exemption and Exemption Appeal Policy and Procedure
1. Background
2. Definitions
3. Exemptions and Exemptions Appeals
4. Exemptions Committee
5. The Exemptions Mandate
6. Exemptions
7. Exemption Appeals
8. Exemption Criteria
Notice No. R. 1484 of 2019
Schedule
1. Scope of Application of Agreement
2. Date and Period of Operation
Notice No. R. 2078 of 2022
Schedule
1. Scope of Application of Agreement
2. Date and Period of Operation
Notice No. R. 2090 of 2022
Schedule
1. Scope of Application of Agreement
2. Date and Period of Operation
Notice No. R. 2702 of 2022
Schedule
Clause 1. Scope of Application of Agreement
Clause 2. Date and Period of Operation
Administration Expenses Collective Agreement to Non-parties
Extension of Administration Expenses Collective Agreement to Non-parties
Notice No. R. 1320 of 1998
Schedule
1. Scope of application
2. Date and period of operation
3. Definitions
4. Objects
5. Council Funds
6. Agents
7. Exemptions
8. Dispute resolution
Annexure A : Exemptions and Exemptions Appeal Policy and Procedure
1. Background
2. Definitions
3. Exemptions and Exemption Appeals
4. Exemptions Committee
5. The Exemptions Mandate
6. Exemptions
7. Exemption Appeals
8. Exemption Criteria
Extension of Period of Operation of the Administration Expenses Collective Agreement
Notice No. R. 324 of 2013
Notice No. 191 of 2018
Extension to Non-parties of the Administration Expenses Amending Collective Agreement
Notice No. R. 1764 of 2022
Schedule
1. Scope of Application of Agreement
2. Date and Period of Operation
Bargaining Council for the South African Road Passenger (SARPBAC)
[Cancelled] Main Collective Agreement
Notice No. 496 of 2020
Schedule
1. Scope of Application and Period of Agreement
2. Definitions
3. Across the Board Increase
4. Minimum Basic Wage
5. Job Titles, Grades, Minimum Hourly Rates
6. Ordinary Hours of Work and Overtime
7. Scheduling of Work
8. Training
9. Subsistence and Travel Allowance
10. Night-Shift Allowance
11. Tool Allowance
12. Cross Border Expenses and Allowances
13. Dual Driver Allowance
14. Cell Phone Allowance
15. Part Time Adult Basic Education and Training Instructors
15. Professional Driving Permit/License
16. Legal Assistance
17. Annual Leave
18. Sick Leave
19. Informing Employer of Absence and Proof of Incapacity
20. Leave for Terminally Ill Employees
21. Maternity Leave
22. Family Responsibility Leave
23. Study Leave
24. Retirement Fund
25. Bonus
26. Contract Penalties
27. Retrenchment/Severance Package
28. Fare Increases
29. Trade Union National Retirement Funds
30. Status Quo
31. Prohibition of Employment
32. Notice of Termination of Contract
33. Certificate of Service
34. Keeping of Records
35. Payment of Remuneration
36. Designated Agents
37. Applications for Exemption and Appeals against Decisions to the Exemption Panel
38. Dispute Procedure
39. Levies
40. Administration of Agreement
41. Application of Agreement
42. Registration
Annexures
Annexure A : Job Titles, Grades, Minimum Hourly Rates
Annexure B : Dispute Resolution
1. Dispute
2. Dispute Resolution Agency
3. Dispute Resolution Panels
4. Referral of Disputes
5. Time Periods
6. Condonation for Late Referral
7. Serving of Documents on Parties
8. Lodging Documents with SARPBAC
9. Representation at Dispute Proceedings
10. Joining of Parties to Proceedings
11. Correcting the Citation of a Party
12. Consolidation of Disputes
13. Disclosure of Documents
14. Failure to Attend Proceedings
15. Unrepresented Applicants without Contact Details
16. Recordings of Dispute Proceedings
17. Issuing of a Subpoena
18. Conciliation of Disputes of Interest
19. Conciliation/Arbitration of Disputes of Right
20. Pre-Arbitration Conference
21. Postponement of Proceedings
22. Arbitration of Disputes
23. Costs
Annexure C : Exemption Procedure
Approved Study Courses
Rules Retirement Fund (Provident)
Certificate in Accordance with Regulation 18
Certificate by a Valuator in Support of an Application for Exemption
Establishment and Object of the Fund
Definitions
Schedule to the Rules
Section A
Rule A 1 - Membership
Rule A 2 - Contributions
Rule A 3 - Withdrawal Benefit
Rule A 4 - Retirement Benefit
Rule A 5 - Death Benefit
Rule A 6 - Disability
Section B
Rule B 1 - Management of the Fund
Rule B 2 - General Provisions Concerning Benefits
Rule B 3 - Dissolution of the Fund
Extension to Non-Parties : COVID-19 Temporary Relief Scheme Benefits Collective Agreement
Notice No. R. 466 of 2020
Schedule
Definitions
Preamble
Authorisation
Reciprocal Obligations
Extension to Non-Parties
Duration and Extent
Exemption and Dispute Resolution
Variation
Variation of Scope of the South African Road Passenger Bargaining Council (SARPBAC)
Notice No. 271 of 2021
[Cancelled] Cancellation of Government Notice
Notice No. 366 of 2021
[Cancelled] Extension to Non-Parties of the Main Collective Agreement
Notice No. 366 of 2021
Schedule
1. Scope of Application and Period of Agreement
2. Definitions
3. Across the Board Increase
4. Minimum Hourly Rate
5. Job Titles, Grades, Minimum Hourly Rate
6. Ordinary Hours of Work and Overtime
7. Scheduling of Work
8. Training
9. Subsistence and Travel Allowance
10. Night-Shift Allowance
11. Tool Allowance
12. Cross Border Expenses and Allowances
13. Dual Driver Allowance
14. Cell Phone Allowance
15. Part Time Adult Basic Education and Training Instructors
16. Professional Driving Permit/License
17. Legal Assistance
18. Annual Leave
19. Sick Leave
20. Informing Employer of Absence and Proof of Incapacity
21. Leave for Terminally Ill Employees
22. Maternity Leave
23. Family Responsibility Leave
24. Study Leave
25. Retirement Fund
26. Bonus
27. Contract Penalties
28. Retrenchment/Severance Package
29. Fare Increases
30. Trade Union National Retirement Funds
31. Status Quo
32. Prohibition of Employment
33. Notice of Termination of Contract
34. Certificate of Service
35. Keeping of Records
36. Payment of Remuneration
37. Designated Agents
38. Applications for Exemption and Appeals against Decisions to the Exemption Panel
39. Dispute Procedure
40. Levies
41. Administration of Agreement
42. Application of Agreement
43. Registration
Annexures
Annexure A : Job Titles, Grades, Minimum Hourly Rates
Annexure B : Dispute Resolution
1. Dispute
2. Dispute Resolution Agency
3. Dispute Resolution Panels
4. Referral of Disputes
5. Time Periods
6. Condonation for Late Referral
7. Serving of Documents on Parties
8. Lodging Documents with SARPBAC
9. Representation at Dispute Proceedings
10. Joining of Parties to Proceedings
11. Correcting the Citation of a Party
12. Consolidation of Disputes
13. Disclosure of Documents
14. Failure to Attend Proceedings
15. Unrepresented Applicants without Contact Details
16. Recordings of Dispute Proceedings
17. Issuing of a Subpoena
18. Conciliation of Disputes of Interest
19. Conciliation/Arbitration of Disputes of Right
20. Pre-Arbitration Conference
21. Postponement of Proceedings
22. Arbitration of Disputes
23. Costs
24. Peace Obligation
Annexure C : Exemption Procedure
Annexure D : Approved Study Courses
Annexure F : Primary Health Care
Cancellation of Government Notice
Notice No. 1103 of 2022
Extension to Non-Parties of the Main Collective Agreement
Notice No. 1103 of 2022
Schedule
1. Scope of Application and Period of Agreement
2. Definitions
3. Across the Board increase
4. Minimum Hourly Rate
5. Job Titles, Grades, Minimum Hourly Rates
6. Ordinary Hours of Work and Overtime
7. Scheduling of Work
8. Training
9. Subsistence & Travel Allowance
10. Night-Shift Allowance
11. Tool Allowance
12. Cross Border Expenses
13. Dual Driver Allowance
14. Cell Phone Allowance
15. Part time Adult Basic Education and Training Instructors
16. Professional Driving Permit/License
17. Legal Assistance
18. Annual Leave
19. Sick Leave
20. Informing Employer of Absence and Proof of Incapacity
21. Leave for Terminally Ill Employees
22. Maternity Leave
23. Family Responsibility Leave
24. Study Leave
25. Retirement Fund
26. Bonus
27. Contract Penalties
28. Retrenchment/Severance Package
29. Fare Increases
30. Trade Union National Retirement Funds
31. Status Quo
32. Prohibition of Employment
33. Notice of Termination of Contract
34. Certificate of Service
35. Keeping of Records
36. Payment of Remuneration
37. Designated Agents
38. Applications for Exemption and Appeals Against Decisions of the Exemption Panel
39. Dispute Procedure
40. Levies
41. Administration of Agreement
42. Application of Agreement
43. Registration
Annexures
Annexure A : Job Titles, Grades, Minimum Hourly Rates
Annexure B : Dispute Resolution
1. Dispute
2. Dispute Resolution Agency
3. Dispute Resolution Panels
4. Referral of Disputes
5. Time Periods
6. Condonation for Late Referral
7. Serving of Documents on Parties
8. Lodging Documents with SARPBAC
9. Representation at Dispute Proceedings
10. Joining of Parties to Proceedings
11. Correcting the Citation of a Party
12. Consolidation of Disputes
13. Disclosure of Documents
14. Failure to Attend Proceedings
15. Unrepresented Applicants without Contact Details
16. Recordings of Dispute Proceedings
17. Issuing of a Subpoena
18. Conciliation of Disputes of Interest
19. Conciliation/Arbitration of Disputes of Right
20. Pre-Arbitration Conference
21. Postponement of Proceedings
22. Arbitration of Disputes
23. Costs
24. Peace Obligation
Annexure C : Exemption Procedure
Annexure D : Approved Study Courses
Annexure E : Primary Health Care
Extension to Non-Parties of the Main Collective Agreement
Notice No. 3458 of 2023
Schedule
1. Scope of Application and Period of Agreement
2. Definitions
3. Across the Board increase
4. Minimum Hourly Rate
5. Job Titles, Grades, Minimum Hourly Rates
6. Ordinary Hours of Work and Overtime
7. Scheduling of Work
8. Training
9. Subsistence & Travel Allowance
10. Night-Shift Allowance
11. Tool Allowance
12. Cross Border Expenses
13. Dual Driver Allowance
14. Cell Phone Allowance
15. Part time Adult Basic Education and Training Instructors
16. Professional Driving Permit/License
17. Legal Assistance
18. Annual Leave
19. Sick Leave
20. Informing Employer of Absence and Proof of Incapacity
21. Leave for Terminally Ill Employees
22. Maternity Leave
23. Family Responsibility Leave
24. Study Leave
25. Retirement Fund
26. Bonus
27. Contract Penalties
28. Retrenchment/Severance Package
29. Fare Increases
30. Trade Union National Retirement Funds
31. Status Quo
32. Prohibition of Employment
33. Notice of Termination of Contract
34. Certificate of Service
35. Keeping of Records
36. Payment of Remuneration
37. Designated Agents
38. Applications for Exemption and Appeals Against Decisions of the Exemption Panel
39. Dispute Procedure
40. Levies
41. Administration of Agreement
42. Application of Agreement
43. Registration
Annexures
Annexure A : Job Titles, Grades, Minimum Hourly Rates
Annexure B : Dispute Resolution
1. Dispute
2. Dispute Resolution Agency
3. Dispute Resolution Panels
4. Referral of Disputes
5. Time Periods
6. Condonation for Late Referral
7. Serving of Documents on Parties
8. Lodging Documents with SARPBAC
9. Representation at Dispute Proceedings
10. Joining of Parties to Proceedings
11. Correcting the Citation of a Party
12. Consolidation of Disputes
13. Disclosure of Documents
14. Failure to Attend Proceedings
15. Unrepresented Applicants without Contact Details
16. Recordings of Dispute Proceedings
17. Issuing of a Subpoena
18. Conciliation of Disputes of Interest
19. Conciliation/Arbitration of Disputes of Right
20. Pre-Arbitration Conference
21. Postponement of Proceedings
22. Arbitration of Disputes
23. Costs
24. Peace Obligation
Annexure C : Exemption Procedure
Annexure D : Approved Study Courses
Annexure E : Primary Health Care
Extension to Non-Parties of the Main Collective Agreement
Notice No. R. 4952 of 2024
Schedule
1. Scope of Application and Period of Agreement
2. Definitions
3. Across the Board Increase
4. Minimum Hourly Rate
5. Job Titles, Grades, Minimum Hourly Rates
6. Ordinary Hours of Work and Overtime
7. Scheduling of Work
8. Training
9. Subsistence & Travel Allowance
10. Night-Shift Allowance
11. Tool Allowance
12. Cross Border Expenses and Allowances
13. Dual Driver Allowance
14. Cell Phone Allowance
15. Part Time Adult Basic Education and Training Instructors
16. Professional Driving Permit/License
17. Legal Assistance
18. Annual Leave
19. Sick Leave
20. Informing Employer of Absence and Proof of Incapacity
21. Leave for Terminally Ill Employees
22. Maternity Leave
23. Family Responsibility Leave
24. Study Leave
25. Retirement Fund
26. Bonus
27. Primary Health Care
28. Contract Penalties
29. Retrenchment / Severance Package
30. Fare Increases
31. Trade Union National Retirement Funds
32. Status Quo
33. Prohibition of Employment
34. Notice of Termination of Contract
35. Certificate of Service
36. Keeping of Records
37. Payment of Remuneration
38. Designated Agents
39. Applications for Exemption and Appeals against decisions of the Exemption Panel
40. Dispute Procedure
41. Levies
42. Administration of Agreement
43. Application of Agreement
44. Registration
Annexures
Annexure A - Job titles, Grades, Minimum Hourly Rates
Annexure B - Dispute Resolution
1. Dispute
2. Dispute Resolution Agency
3. Dispute Resolution Panels
4. Referral of Disputes
5. Time Periods
6. Condonation for late referral
7. Serving of Documents on Parties
8. Lodging Documents with SARPBAC
9. Representation at Dispute Proceedings
10. Joining of Parties to proceedings
11. Correcting the Citation of a Party
12. Consolidation of Disputes
13. Disclosure of Documents
14. Failure to attend proceedings
15. Unrepresented applicants without contact details
16. Recordings of Dispute Proceedings
17. Issuing of a Subpoena
18. Conciliation of Disputes of Interest
19. Conciliation / Arbitration of Disputes of Right
20. Pre-arbitration Conference
21. Postponement of Proceedings
22. Arbitration of Disputes
23. Costs
24. Peace Obligation
Annexure C - Exemption Procedure
Annexure D - Approved Study Courses
National Textile Bargaining Council
Collective Agreement
Notice No. 1137 of 2019
Schedule
Part 1
A: Application
1. Scope of Application
2. Period of Operation
B: Remuneration
3. Minimum Wages
4. Calculation of Wages
5. Shift Allowance
6. Long-Service Allowance
7. Annual Bonus
8. Change in Occupation
9. Temporary Employees
10. Deductions
11. Payment of Remuneration
12. Insurance of Remuneration
C: Hours of Work
13. Ordinary Hours of Work
14. Overtime
15. Meal and other Intervals
16. Public Holidays
17. Sundays
18. Short Time
19. Exceptions
D: Leave
20. Annual Leave
21. Sick Leave
22. Maternity Leave
23. Parental Leave
24. Adoption Leave
25. Commissioning Parent Leave
26. Family Responsibility Leave
E: Employee Benefits
27. Retirement Fund
28. Bursary Scheme
29. Funeral Benefits
30. Personal Protective Equipment
31. SACTWU HIV/AIDS Project
32. Registered Learnerships
F: Termination of Contract of Employment
33. Termination of Contract of Employment
34. Severance Pay
35. Certificate of Service
G: Organisational Rights
36. Collection of Membership Fees for Trade Union
37. Trade Union Representation on the Council
38. Shop Stewards' Rights and Facilities
H: General
39. Limitation on the Right to Strike or Lock Out
40. Exemptions
41. Administration
42. Designated Agents
43. Council Levies
44. Failure to make Payments to the Council
45. Registration of Employers and Employees
46. Exhibition of Agreement
47. Disputes
48. Existing Agreements
49. Other Conditions of Employment
50. Frequency of Negotiations and Industrial Action
51. Definitions
52. HIV/AIDS
53. Skills Development
54. Codes of Good Practice
Annexures
Annexure A: Definitions
Annexure B: Disputes
Annexure C: Code of Good Practice on Key Aspects of HIV/AIDS and Employment within the Textile Manufacturing Industry of South Africa
1. Introduction
2. Objectives
3. Code Principles
4. Application and Scope
5. Legal Framework
6. Promoting a Non-Discriminatory Work Environment
7. HIV Testing, Confidentiality and Disclosure
8. Promoting a Safe Workplace
9. Compensation for Occupationally Acquired HIV
10. Employee Benefits
11. Dismissal
12. Grievance Procedures
13. Management of HIV in the Workplace
14. Assessing the Impact of HIV/AIDS on the Workplace
15. Measures to Deal with HIV/AIDS within the Workplace
16. Information and Education
17. Glossary
Part 2
Annexures
Annexure D: Blanket Section
A. Application
1. Scope of Application
2. Period of Operation
B. Remuneration
3. Minimum Wages
4. Calculation of Wages
5. Shift Allowance
6. Long-Service Allowance
7. Annual Bonus
8. Change in Occupation
9. Temporary Employees
10. Deductions
11. Payment of Remuneration
12. Insurance of Remuneration
C. Hours of Work
13. Ordinary Hours of Work
14. Overtime
15. Meal and Other Intervals
16. Public Holidays
17. Sundays
18. Short Time
19. Exceptions
D. Leave
20. Annual Leave
21. Sick Leave
22. Maternity Leave
23. Parental Leave
24. Adoption Leave
25. Commissioning Parent Leave
26. Family Responsibility Leave
E. Employee Benefits
27. Retirement Fund
28. Bursary Scheme
29. Funeral Benefits
30. Personal Protective Equipment
31. SACTWU HIV/AIDS Project
32. Registered Learnerships
F. Termination of Contract of Employment
33. Termination of Contract of Employment
34. Severance Pay
35. Certificate of Service
G. Organisational Rights
36. Collection of Membership Fees for Trade Union
37. Trade Union Representation of the Council
38. Shop Stewards' Rights and Facilities
H. General
39. The Limitation on the Right to Strike or Lock Out
40. Exemptions
41. Administration
42. Designated Agents
43. Council Levies
44. Failure to make Payments to the Council
45. Registration of Employers and Employees
46. Exhibition of Agreement
47. Disputes
48. Existing Agreements
49. Other Conditions of Employment
50. Frequency of Negotiations and Industrial Action
51. Definitions
52. HIV/AIDS
53. Skills Development
54. Codes of Good Practice
Annexure E: Carpets Subsector
A. Application
1. Scope of Application
2. Period of Operation
B. Remuneration
3. Minimum Wages
4. Calculation of Wages
5. Shift Allowance
6. Long-Service Allowance
7. Annual Bonus
8. Change in Occupation
9. Temporary Employees
10. Deductions
11. Payment of Remuneration
12. Insurance of Remuneration
C. Hours of Work
13. Ordinary Hours of Work
14. Overtime
15. Meal and Other Intervals
16. Public Holidays
17. Sundays
18. Short Time
19. Exceptions
D. Leave
20. Annual Leave
21. Sick Leave
22. Maternity Leave
23. Parental Leave
24. Adoption Leave
25. Commissioning Parent Leave
26. Family Responsibility Leave
E. Employee Benefits
27. Retirement Fund
28. Bursary Scheme
29. Funeral Benefits
30. Personal Protective Equipment
31. SACTWU HIV/AIDS Project
32. Registered Learnerships
F. Termination of Contract of Employment
33. Termination of Contract of Employment
34. Severance Pay
35. Certificate of Service
G. Organisational Rights
36. Collection of Membership Fees for Trade Union
37. Trade Union Representation on the Council
38. Shop Stewards' Rights and Facilities
H. General
39. The Limitation on the right to Strike or Lock Out
40. Exemptions
41. Administration
42. Designated Agents
43. Council Levies
44. Failure to make Payments to the Council
45. Registration of Employers and Employees
46. Exhibition of Agreement
47. Disputes
48. Existing Agreements
49. Other Conditions of Employment
50. Frequency of Negotiations and Industrial Action
51. Definitions
52. HIV/AIDS
53. Skills Development
54. Codes of Good Practice
Annexure F: Home Textiles Section
A. Application
1. Scope of Application
2. Period of Operation
B. Remuneration
3. Minimum Wages
4. Calculation of Wages
5. Night Shift Allowance
6. Long-Service Allowance
7. Annual Bonus
8. Change in Occupation
9. Temporary Employees
10. Deductions
11. Payment of Remuneration
12. Insurance of Remuneration
C. Hours of Work
13. Ordinary Hours of Work
14. Overtime
15. Meal and other Intervals
16. Public Holidays
17. Sundays
18. Short Time
19. Exceptions
D. Leave
20. Annual Leave
21. Sick Leave
22. Maternity Leave
23. Parental Leave
24. Adoption Leave
25. Commissioning Parent Leave
26. Family Responsibility Leave
E. Employee Benefits
27. Retirement Fund
28. Bursary Scheme
29. Funeral Benefits
30. Personal Protective Equipment
31. SACTWU HIV/AIDS Project
32. Registered Learnerships
F. Termination of Contract of Employment
33. Termination of Contract of Employment
34. Severance Pay
35. Certificate of Service
G. Organisational Rights
36. Collection of Membership Fees for Trade Union
37. Trade Union Representation on the Council
38. Shop Steward's Rights and Facilities
H. General
39. The Limitation on the right to Strike or Lock Out
40. Exemptions
41. Administration
42. Designated Agents
43. Council Levies
44. Failure to make Payments to the Council
45. Registration of Employers and Employees
46. Exhibition of Agreement
47. Disputes
48. Existing Agreements
49. Other Conditions of Employment
50. Frequency of Negotiations and Industrial Action
51. Definitions
52. HIV/AIDS
53. Skills Development
54. Codes of Good Practice
Annexure G: Manufactured Fibres Subsector
Schedule 1
A. Application
1. Scope of Application
2. Period of Operation
B. Remuneration
3. Minimum Wages
4. Calculation of Wages
5. Shift Allowance
6. Long-Service Allowance
7. Annual Bonus
8. Change in Occupation
9. Temporary Employees
10. Deductions
11. Payment of Remuneration
12. Insurance of Remuneration
C. Hours of Work
13. Ordinary Hours of Work
14. Overtime
15. Meal and other Intervals
16. Public Holidays
17. Sundays
18. Short Time
19. Exceptions
D. Leave
20. Annual Leave
21. Sick Leave
22. Maternity Leave
23. Parental Leave
24. Adoption Leave
25. Commissioning Parent Leave
26. Family Responsibility Leave
E. Employee Benefits
27. Retirement Fund
28. Bursary Scheme
29. Funeral Benefits
30. Personal Protective Equipment
31. SACTWU HIV/AIDS Project
32. Registered Learnerships
F. Termination of Contract of Employment
33. Termination of Contract of Employment
34. Severance Pay
35. Certificate of Service
G. Organisational Rights
36. Collection of Membership Fees for Trade Union
37. Trade Union Representation on the Council
38. Shop Steward's Rights and Facilities
H. General
39. The Limitation on the right to Strike or Lock Out
40. Exemptions
41. Administration
42. Designated Agents
43. Council Levies
44. Failure to make Payments to the Council
45. Registration of Employers and Employees
46. Exhibition of Agreement
47. Disputes
48. Existing Agreements
49. Other Conditions of Employment
50. Frequency of Negotiations and Industrial Action
51. Definitions
52. HIV/AIDS
53. Skills Development
54. Codes of Good Practice
Schedule 2 : Recycling and Wash Plant Section of the Manufactured Fibres Subsector
A. Application
1. Scope of Application
2. Period of Operation
B. Remuneration
3. Minimum Wages
4. Calculation of Wages
5. Night Shift Allowance
6. Long-Service Allowance
7. Annual Bonus
8. Change in Occupation
9. Temporary Employees
10. Deductions
11. Payment of Remuneration
12. Insurance of Remuneration
C. Hours of Work
13. Ordinary Hours of Work
14. Overtime
15. Meal and Other Intervals
16. Public Holidays
17. Sundays
18. Short Time
19. Exceptions
D. Leave
20. Annual Leave
21. Sick Leave
22. Maternity Leave
23. Parental Leave
24. Adoption Leave
25. Commissioning Parent Leave
26. Family Responsibility Leave
E. Employee Benefits
27. Retirement Fund
28. Bursary Scheme
29. Funeral Benefits
30. Personal Protective Equipment
31. SACTWU HIV/AIDS Project
32. Registered Learnership
F. Termination of Contract of Employment
33. Termination of Contract of Employment
34. Severance Pay
35. Certificate of Service
G. Organisational Rights
36. Collection of Membership Fees for Trade Union
37. Trade Union Representation on the Council
38. Shop Steward's Rights and Facilities
H. General
39. The Limitation on the right to Strike or Lock Out
40. Exemptions
41. Administration
42. Designated Agents
43. Council Levies
44. Failure to make Payments to the Council
45. Registration of Employers and Employees
46. Exhibition of Agreement
47. Disputes
48. Existing Agreements
49. Other Conditions of Employment
50. Frequency of Negotiations and Industrial Action
51. Definitions
52. HIV/AIDS
53. Skills Development
54. Codes of Good Practice
Annexure H: Non Woven Textiles Subsector
A. Application
1. Scope of Application
2. Period of Operation
B. Remuneration
3. Minimum Wages
4. Calculation of Wages
5. Shift Allowance
6. Long Service Allowance
7. Annual Bonus
8. Change in Occupation
9. Temporary Employees
10. Deductions
11. Payment of Remuneration
12. Insurance of Remuneration
C. Hours of Work
13. Ordinary Hours of Work
14. Overtime
15. Meal and Other Intervals
16. Public Holidays
17. Sundays
18. Short Time
19. Exceptions
D. Leave
20. Annual Leave
21. Sick Leave
22. Maternity Leave
23. Parental Leave
24. Adoption Leave
25. Commissioning Parent Leave
26. Family Responsibility Leave
E. Employee Benefits
27. Retirement Fund
28. Bursary Scheme
29. Funeral Benefits
30. Personal Protective Equipment
31. SACTWU HIV/AIDS Project
32. Registered Learnerships
F. Termination of Contract of Employment
33. Termination of Contract of Employment
34. Severance Pay
35. Certificate of Service
G. Organisational Rights
36. Collection of Membership Fees for Trade Union
37. Trade Union Representation on the Council
38. Shop Stewards' Rights and Facilities
H. General
39. The Limitation on the right to Strike or Lock Out
40. Exemptions
41. Administration
42. Designated Agents
43. Council Levies
44. Failure to make up Payments to the Council
45. Registration of Employers and Employees
46. Exhibition of Agreement
47. Disputes
48. Existing Agreements
49. Other Conditions of Employment
50. Frequency of Negotiations and Industrial Action
51. Definitions
52. HIV/AIDS
53. Skills Development
54. Codes of Good Practice
Annexure I: Wool and Mohair Section
A. Application
1. Scope of Application
2. Period of Operation
B. Remuneration
3. Minimum Wages
4. Calculation of Wages
5. Shift Allowance
6. Long-Service Allowance
7. Annual Bonus
8. Change in Occupation
9. Temporary Employees
10. Deductions
11. Payment of Remuneration
12. Insurance of Remuneration
C. Hours of Work
13. Ordinary Hours of Work
14. Overtime
15. Meal and Other Intervals
16. Public Holidays
17. Sundays
18. Short Time
19. Exceptions
D. Leave
20. Annual Leave
21. Sick Leave
22. Maternity Leave
23. Parental Leave
24. Adoption Leave
25. Commissioning Parent Leave
26. Family Responsibility Leave
E. Employee Benefits
27. Retirement Fund
28. Bursary Scheme
29. Funeral Benefits
31. SACTWU HIV/AIDS Project
30. Personal Protective Equipment
32. Registered Learnerships
F. Termination of Contract of Employment
33. Termination of Contract of Employment
34. Severance Pay
35. Certificate of Service
G. Organisational Rights
36. Collection of Membership Fees for Trade Union
37. Trade Union Representation on the Council
38. Shop Stewards' Rights and Facilities
H. General
39. The Limitation on the right to Strike or Lock Out
40. Exemptions
41. Administration
42. Designated Agents
44. Failure to make Payments to the Council
43. Council Levies
45. Registration of Employers and Employees
46. Exhibition of Agreement
47. Disputes
48. Existing Agreements
49. Other Conditions of Employment
50. Frequency of Negotiations and Industrial Action
51. Definitions
52. HIV/AIDS
53. Skills Development
54. Codes of Good Practice
Annexure J: Worsted Section
A. Application
1. Scope of Application
2. Period of Operation
B. Remuneration
3. Minimum Wages
4. Calculation of Wages
5. Shift Allowance
6. Long-Service Allowance
7. Annual Bonus
8. Change in Occupation
9. Temporary Employees
10. Deductions
11. Payment of Remuneration
12. Insurance of Remuneration
C. Hours of Work
13. Ordinary Hours Work
14. Overtime
15. Meal and Other Intervals
16. Public Holidays
17. Sundays
18. Short Time
19. Exceptions
D. Leave
20. Annual Leave
21. Sick Leave
22. Maternity Leave
23. Parental Leave
24. Adoption Leave
25. Commissioning Parent Leave
26. Family Responsibility Leave
E. Employee Benefits
27. Retirement Fund
28. Bursary Scheme
29. Funeral Benefit
30. Personal Protective Equipment
31. SACTWU HIV/AIDS Project
32. Registered Learnership
F. Termination of Contract of Employment
33. Termination of Contract of Employment
34. Severance Pay
35. Certificate of Service
G. Organisational Rights
36. Collection of Membership Fees
37. Trade Union Representation on the Council
38. Shop Stewards' Rights and Facilities
H. General
39. The Limitation on the right to Strike or Lock Out
40. Exemptions
41. Administration
42. Designated Agents
43. Council Levies
44. Failure to make Payments to the Council
45. Registration of Employers and Employees
46. Exhibition of Agreement
47. Disputes
48. Existing Agreements
49. Other Conditions of Employments
50. Frequency of Negotiations and Industrial Action
51. Definitions
52. HIV/AIDS
53. Skills Development
54. Codes of Good Practice
Annexure K: Woven Cotton Textile Products Subsector
A. Application
1. Scope of Application
2. Period of Operation
B. Remuneration
3. Minimum Wages
4. Calculation of Wages
5. Shift Allowance
6. Long-Service Allowance
7. Annual Bonus
8. Change in Occupation
9. Temporary Employees
10. Deductions
11. Payment of Remuneration
12. Insurance of Remuneration
C. Hours of Work
13. Ordinary Hours of Work
14. Overtime
15. Meal and Other Intervals
16. Public Holidays
17. Sundays
18. Short Time
19. Exceptions
D. Leave
20. Annual Leave
21. Sick Leave
22. Maternity Leave
23. Parental Leave
24. Adoption Leave
25. Commissioning Parent Leave
26. Family Responsibility
E. Employee Benefits
27. Retirement Fund
28. Bursary Scheme
29. Funeral Scheme
30. Personal Protective Equipment
31. SACTWU HIV/AIDS Project
32. Registered Learnership
F. Termination of Contract of Employment
33. Termination of Contract of Employment
34. Severance Pay
35. Certificate of Service
G. Organisational Rights
36. Collection of Membership Fees for Trade Union
37. Trade Union Representation on the Council
38. Shop Stewards' Rights and Facilities
H. General
39. The Limitation on the right to Strike or Lock Out
40. Exemptions
41. Administration
42. Designated Agents
43. Council Levies
44. Failure to make Payments to the Council
45. Registration of Employers and Employees
46. Exhibition of Agreement
47. Disputes
48. Existing Agreements
49. Other Conditions of Employment
50. Frequency of Negotiations and Industrial Action
51. Definitions
52. HIV/AIDS
53. Skills Development
54. Codes of Good Practice
Annexure L: Woven, Crochet & Knitted Narrow Fabric Subsector
A. Application
1. Scope of Application
2. Period of Operation
B. Remuneration
3. Minimum Wages
4. Calculation of Wages
5. Shift Allowance
6. Long Service Award
7. Annual Bonus
8. Change in Occupation
9. Temporary Employees
10. Deductions
11. Payment of Remuneration
12. Insurance of Remuneration
C. Hours of Work
13. Ordinary Hours of Work
14. Overtime
15. Meal and Other Intervals
16. Public Holidays
17. Sundays
18. Short Time
19. Exceptions
D. Leave
20. Annual Leave
21. Sick Leave
22. Maternity Leave
23. Parental Leave
24. Adoption Leave
25. Commissioning Parent Leave
26. Family Responsibility Leave
E. Employee Benefits
27. Retirement Fund
28. Bursary Scheme
29. Funeral Benefits
30. Personal Protective Equipment
31. SACTWU HIV/AIDS Project
32. Registered Learnerships
F. Termination of Contract of Employment
33. Termination of Contract of Employment
34. Severance Pay
35. Certificate of Service
G. Organisational Rights
36. Collection of Membership Fees for Trade Union
37. Trade Union Representation on the Council
38. Shop Stewards Rights and Facilities
H. General
39. The Limitation on the right to Strike or Lock Out
40. Exemptions
41. Administration
42. Designated Agents
43. Council Levies
44. Failure to make Payments to the Council
45. Registration of Employers and Employees
46. Exhibition of Agreement
47. Disputes about Interpretation or Application of Agreement
48. Existing Agreements
49. Other Conditions of Employment
50. Frequency of Negotiations
51. Definitions
52. HIV/AIDS
53. Skills Development
54. Codes of Good Practice
Extension to Non-Parties : COVID-19 Lockdown Collective Agreement
Notice No. R. 452 of 2020
Schedule
1. Preamble
2. Scope and Effective Date
3. Access to Unemployment Insurance Fund (UIF) Finance
4. Payments to Employees
5. COVID-19 Lockdown Period
6. COVID-19 Post-Lockdown Period
7. Dispute Resolution
8. Other Conditions
Extension to Non-Parties : COVID-19 Lockdown Collective Amending Agreement
Notice No. R. 488 of 2020
Schedule
1. Preamble
2. Scope and Effective Date
3. Access to Unemployment Insurance Fund (UIF) Finance
4. Payments to Employees
5. COVID-19 Extended Lockdown Period
6. COVID-19 Extended Post-Lockdown Period
7. Dispute Resolution
8. Other Conditions
Employer and Trade Union Agency Shop Collective Agreement
Extension to Non-Parties
Notice No. 231 of 2021
Schedule
Part 1
1. Scope of Application
2. Period of Operation of Agreement
3. Definitions
4. Agency Shop Agreement
5. Employer Agency Fee
6. Unpaid Employer Agency Fees / Trade Union Agency Fees
7. Enforcement of Collective Agreement
8. Exemptions
Part 2
Annexure A: Blanket sub-sector
1. Scope of Application
2. Period of Operation
3. Definitions
4. Agency Shop Agreement
5. Employer Agency Shop
6. Unpaid Bargaining Levy / Agency Fees
7. Enforcement of Collective Agreement
8. Exemptions
Annexure B: Carpets sub-sector
1. Scope of Application
2. Period of Operation
3. Definitions
4. Trade Union Agency Shop
5. Employer Agency Shop
6. Unpaid Employer Agency Fees / Trade Union Agency Fees
7. Enforcement of Collective Agreement
8. Exemptions
Annexure C: Home Textiles section
1. Scope of Application
2. Period of Operation
3. Definitions
4. Trade Union Agency Shop
5. Employer Agency Shop
6. Unpaid Employer Agency Fees / Trade Union Agency Fees
7. Enforcement of Collective Agreement
8. Exemptions
Annexure D: Manufactured Fibres sub-sector
1. Scope of Application
2. Period of Operation
3. Definitions
4. Trade Union Agency Shop
5. Employer Agency Shop
6. Unpaid Employer Agency Fees / Trade Union Agency Fees
7. Enforcement of Collective Agreement
8. Exemptions
Annexure E: Non Woven Textiles sub-sector
1. Scope of Application
2. Period of Operation
3. Definitions
4. Trade Union Agency Shop
5. Employer Agency Shop
6. Unpaid Employer Agency Fees / Trade Union Agency Fees
7. Enforcement of Collective Agreement
8. Exemptions
Annexure F: Wool and Mohair sub-sector
1. Trade Union Agency Shop
2. Bargaining Levy (Employer Agency Shop)
Annexure G: Worsted sub-sector
1. Scope of Application
2. Period of Operation
3. Definitions
4. Trade Union Agency Shop
5. Employer Agency Shop
6. Unpaid Employer Agency Fees / Trade Union Agency Fees
7. Enforcement of Collective Agreement
8. Exemptions
Annexure H: Woven Cotton sub-sector
1. Scope of Application
2. Period of Operation
3. Definitions
4. Trade Union Agency Shop
5. Employer Agency Shop
6. Unpaid Employer Agency Fees / Trade Union Agency Fees
7. Enforcement of Collective Agreement
8. Exemptions
Annexure I: Woven, Crochet & Knitted Narrow Fabric sub-sector
1. Scope of Application
2. Period of Operation
3. Definitions
4. Trade Union Agency Shop
5. Employer Agency Shop
6. Unpaid Bargaining Levy / Agency Fees
7. Enforcement of Collective Agreement
8. Exemptions
Extension to Non-Parties of the Main Collective Amending Agreement
Notice No. 830 of 2022
Schedule
Notice No. 1343 of 2022
Schedule
Part 1
A. Application
1. Scope of Application
2. Period of Operation
National Bargaining Council for the Wood and Paper Sector
Extension of Collective Agreement on Conditions of Service : Pulp and Paper Sector to Non-parties
Notice No. R. 709 of 2016
Schedule
Part A : Scope of Application and Definitions
1. Scope of Application
2. Period of Operation of Agreement
3. Definitions
Part B : Working Time and Wage
4. Wage and Determination of Wages
5. Ordinary Hours of Work
6. Overtime
7. Payment for Work on Sundays
8. Call-out Allowance
Part C : Leave Provisions
9. Annual Leave
10. Public Holidays
11. Annual Bonus
12. Sick Leave
13. Maternity Leave
14. Family Responsibility Leave
15. Study Leave
16. Disaster Leave
Part D : Notice Period and Payments on Termination of Employment
19. Notice on Termination of Employment
20. Payments on Termination of Employment
21. Certificate of Service
22. Severance Pay
Part E : General Provisions
23. Uniforms, Overalls and Protective Clothing
Part F : Dispute Resolution - Disputes about the Application, Interpretation and Enforcement of this Collective Agreement
24. Dispute Resolution Procedure
Part G : Enforcement and Administration
25. Administration and Enforcement of Agreement
Part H : Exemption
26. Exemption from the Provisions of this Agreement
Part I : Ancillary Provisions
27. Occupational Categories
Annexure A : Conciliation and Arbitration Guidelines
1. Introduction
2. Purpose of guidelines
3. Applications for condonation
4. Province in which dispute is to be conciliated
5. Jurisdictional disputes
6. Discretion to assume jurisdiction
7. Failure to attend conciliation proceedings
8. Representation at conciliation proceedings
9. Applications for postponement
10. Impartiality of Commissioners
11. Conclusion
Renewal of Period of Operation of the Conditions of Service for the Pulp and Paper Sector Collective Agreement
Notice No. R. 614 of 2019
Codes of Good Practice
Key Aspects of HIV/Aids and Employment
Code of Good Practice on Key Aspects of HIV/Aids and Employment
1. Introduction
2. Objectives
3. Policy Principles
4. Application and Scope
5. Legal Framework
6. Promoting a Non-Discriminatory Work Environment
7. HIV Testing, Confidentiality and Disclosure
8. Promoting a Safe Workplace
9. Compensation for Occupationally Acquired HIV
10. Employee Benefits
11. Dismissal
12. Grievance Procedures
13. Management of HIV in the Workplace
14. Assessing the impact of HIV/Aids on the Workplace
15. Measures to deal with HIV/Aids within the Workplace
16. Information and Education
Glossary
Dismissal based on Operational Requirements
Dismissal based on Operational Requirements
Schedule
Picketing [Repealed]
Handling of Sexual Harassment cases in the Workplace [Repealed]
Who is an Employee
Notice No. 1774 of 2006
Part 1
Part 2 : The Presumption as to who is an Employee
Part 3 : Interpreting the Definition of an Employee
Part 4 : Employees of Temporary Employment Services
Part 5 : Interpretation of Labour Legislation
Part 6 : Interpretation of the Definition of an Employee in other Legislation Administered by the Minister of Labour
Table of cases
Annexure
Collective Bargaining, Industrial Action and Picketing
Notice No. R. 1396 of 2018
Part A : Introduction
1. Intention and interpretation
2. Context
3. Purpose
Part B : Collective Bargaining
4. Collective bargaining and disputes of mutual interest
5. Fundamental commitments
6. Promotion of collective bargaining
7. Principles of good faith bargaining
8. Development and support for negotiations
9. Preparing for negotiations
10. Submission of demands and responses
11. Commencement of negotiations
12. Use of facilitators
13. Disclosure of information
Part C : Workplace Democracy and Dialogue
14. Object
15. Measures to promote employee participation and dialogue in the workplace
Part D : Industrial Action : Strikes and Lockouts
16. Constitutional context
17. Disputes in respect of which industrial action may be exercised
18. Conciliation of mutual interest disputes
19. Ballot of members
20. Notice of the commencement of the strike or lockout
21. Who may strike
22. Strikes or lockouts in respect of employees residing on employer premises
23. Peace and stability and communication during a strike or a lockout
Part E : Picketing
24. Introduction
25. Authorisation
26. Purpose of the picket
27. No picketing unless rules agreed or determined
28. Agreed picketing rules
29. Default picketing rules
30. Pickets on employer premises or in other designated areas
31. Dissemination of picketing rules
32. Conduct in the picket
33. Peace obligation and the role of police
34. Peace obligation and role of private security
35. General rights, obligations and immunity
Annexures
Annexure A : Good Faith Declaration
Annexure B : Default Picketing Rules8
Annexure 1 : Description of Place or Places for the Picket
Annexure 2 : Names and Details of Participants
Managing Exposure to SARS-COV-2 in the Workplace, 2022
Notice No. R. 2191 of 2022
Chapter 1 - Introductory Provisions
1. Introduction
2. Purpose of this Code
3. Interpretation
4. Application
Chapter 2 - Risk Assessment and Plan
5. Risk assessment and plan
6. Contents of risk assessment and plan
Chapter 3 - Administrative Measures
7. Notification of workers
8. Symptom reporting by workers
9. Isolation of workers
10. Ventilation
11. Specific personal protective equipment
12. Vaccination of employees
13. Small businesses
14. Worker obligations
15. Refusal to work
16. No deduction from employee's remuneration
17. Monitoring and enforcing this Code
18. Limited application to mines, mining areas and works
19. Amendment of footnotes
Protest Action to Promote or Defend Socio-Economic Interests of Workers (Section 77 of the Act)
Notice No. R. 2433 of 2022
Part A: Introduction
1. Purpose
2. Interpretation
3. Abbreviations and definitions
Part B: Protected Protest Action
4. Protest action
5. Protected protest action
6. The nature of the protection
Part C: Procedural Requirements
7. Delivery of notices and documents
8. Section 77(1)(b) notice
9. Section 77(1)(d) notice
10. The sequence of the section 77 referral
11. Time limits
12. Variance of time periods in this Code
Part D: Substantive Requirements
13. The nature of socio-economic interests of workers
14. Consideration of the issues giving rise to the referral
Part E: Standing Committee
15. Establishment of the NEDLAC Standing Committee
16. Composition of the Standing Committee
17. Functions of the Standing Committee
18. Quorum of the Standing Committee
19. Obligations of the Standing Committee Members
20. Decisions of the Standing Committee
21. Facilitators
Part F: Pre-Consideration Process
22. Administrative compliance of section 77(1)(b) Notice
23. Referral of section 77(1)(b) notice to the Standing Committee
24. The body to consider the referral
Part G: Facilitating Consideration
25. Appointment of a facilitator
26. The nature of facilitation
27. The first meeting to consider the referral
28. Facilitation rules
29. Consideration by the Standing Committee or another appropriate forum
30. Obligations of the referring and respondent parties
31. Report to the Standing Committee
Part H: Dispute Resolution
32. Labour Court
Annexures
Annexure A: Good Faith Declaration
Annexure B: Extract from ILO's Digest
Commission for Conciliation, Mediation and Arbitration
[Repealed] Tariff of Fees
[Repealed] Notice No. 115 of 2016
[Repealed] Annexure
Tariff of fees
Notice No. 699 of 2017
Annexure
[Repealed] Notice No. 616 of 2020
Annexure
Notice No. R. 2574 of 2022
Annexure
Rules regulating the Practice and Procedure for Resolving Disputes through Conciliation and at Arbitration Proceedings
Rules regulating the Practice and Procedure for Resolving Disputes
1. Definitions
2. Addresses of the Commission and Office Hours
3. Service of Documents
4. Filing of Documents
5. Referral for Conciliation
6. Jurisdiction to Conciliate
7. Conciliation
8. Referral for Arbitration
9. Jurisdiction to Arbitrate
10. Pre-arbitration Conference of Parties
11. Conciliation or Arbitration Venue
12. Joinder of Parties/Amendment of Citations/Substitution of Parties and Cons
13. Witness Fees
14. Costs
15. Taxation
16. Motion Roll
17. Postponements
18. Subpoenas
19. Applications/Motion Proceedings in respect of preliminary matters
20. Arbitration
21. Representation at Arbitration
22. Production of Documents
23. Failure to Attend Arbitration Hearing
24. Variation or Rescission of Arbitration Awards or Rulings
25. Application to refer a Dismissal Dispute to the Labour Court
26. The Commission as a Court of Record in Arbitration Proceedings
27. Repeal of Commission's Guidelines
Code of Conduct for Commissioners
Notice No. 918 of 2014
Preamble
1. Purpose
2. Compliance with the Code
3. General obligations of Commissioners
4. General conduct of Commissioners
5. Hearing Conduct
6. Post-hearing
7. Fees and Expenses
8. Administration of the Code
9. Approval of the Code of Conduct for Commissioners
Guidelines on Misconduct Arbitration
Notice No. R. 224 of 2015
A: Purpose and Nature of Guidelines
Purpose
Interpretation of the law
B: How to Conduct Arbitration Proceedings
Deciding on the manner of conducting an arbitration
Nature of an arbitration
Preparation and introduction (stage 1)
Preliminary issues (stage 2)
Narrowing the issues in dispute (stage 3)
Hearing of evidence (stage 4)
Argument (stage 5)
The award (stage 6)
C: Assessing Evidence and Drafting an Award
Assessing evidence and drafting an award
Assessing evidence
Background facts
Summary of evidence
Analysing evidence
D: How to Approach Procedural Fairness
Introduction
If there is no workplace disciplinary procedure
If there is a workplace disciplinary procedures
Disciplinary action against a trade union representative
E: How to Approach Substantive Fairness
Introduction
Guidelines in cases of dismissal for misconduct: Item 7 of the Code
F: How to Approach Remedies
How to approach remedies
Choosing a remedy for substantively unfair dismissals
Reinstating an employee
Ordering re-employment
Issues to consider in ordering reinstatement or ...
Awarding compensation
Compensation for substantively unfair dismissals
Compensation for procedurally unfair dismissals
Cost awards
Amounts payable in terms of section 74 ...
Case List
Rules for the Conduct of Proceedings before the CCMA, 2015
Notice No. R. 223 of 2015
Part One : Serving and Filing Documents
1. How to contact the Commission
2. When are the offices of the Commission open
3. How to calculate time periods in these rules
4. Who must sign documents
5. How to serve documents on other parties
5A. Notice of proceedings before the Commission
6. How to prove that a document was served in terms of the rules
7. How to file documents with the Commission
8. Documents and notices sent by registered post
9. How to seek condonation for documents delivered late
Part Two : Conciliation of Disputes
10. How to refer a dispute to the Commission for conciliation
11. When must the commission notify parties of a conciliation
12. Commission may seek to resolve dispute before conciliation
13. What happens if a party fails to attend at conciliation
14. How to determine whether a commissioner may conciliate a dispute
15. Issuing of a certificate in terms of section 135(5)
16. Conciliation proceedings may not be disclosed
Part Three : Con-arb in terms of section 191(5A)
17. Conduct of con-arb in terms of section 191(5A)
Part Four : Arbitrations
18. How to request arbitration
19. When must the parties file statements
20. When the parties must hold a pre-arbitration conference
21. When must the Commission notify parties of an arbitration
22. How to determine whether a commissioner may arbitrate a dispute
23. How to postpone an arbitration
Part Five : Rules that apply to conciliations or arbitration ...
24. Where a conciliation or arbitration will take place
25. Representation before the Commission
26. How to join or substitute parties to proceedings
27. How to correct the citation of a party
28. When the Commission may consolidate disputes
29. Disclosure of documents
30. What happens if a party fails to attend proceedings before the Commission
Part Six : Applications
31. How to bring an application
32. How to apply to vary or rescind arbitration awards or rulings
33. How to apply to refer a dismissal dispute to the Labour Court
Part Seven : Section 188A Inquiry
34. How to request an inquiry in terms of section 188A
Part Eight : General
35. Condonation for failure to comply with the rules and form
36. Recordings of Commission proceedings
37. How to have a subpoena issued
37A. Expert witnesses
38. Payment of witness fees
39. Order of costs in an arbitration
40. Certification of arbitration awards
40A. Repeal and savings
40B. Transition
41. What words mean in these rules
Schedules
Schedule One
Addresses of the Commission
Addresses of the Department of Labour : Labour Centres
Eastern Cape
Free State
Gauteng
KwaZulu-Natal
Limpopo
Mpumalanga
North West
Northern Cape
Western Cape
Rules for the Conduct of Proceedings before the CCMA, 2018
Notice 776 of 2018
Part One : Serving and Filing Documents
1. How to contact the Commission
2. When are the offices of the Commission open
3. How to calculate time periods in these Rules
4. Who must sign documents
5. How to serve documents on other parties
5A. Notice of proceedings before the Commission
6. How to prove that a document was served in terms of the Rules
7. How to file documents with the Commission
8. Documents and notices sent by registered post
9. How to seek condonation for documents delivered late
Part Two : Conciliation of Disputes
10. How to refer a dispute to the Commission for conciliation
11. When must the Commission notify parties of a conciliation
12. Commission may seek to resolve dispute before conciliation
13. What happens if a party fails to attend at conciliation
14. How to determine whether a commissioner may conciliate a dispute
14A. Extension of conciliation period in terms of Section 135 (2A) of the Act
15. Issuing of a certificate in terms of Section 135(5)
16. Conciliation proceedings may not be disclosed
Part Three : con-arb in terms of Section 191(5A)
17. Conduct of con-arb in terms of Section 191(5A)
Part Four : Arbitrations
18. How to request arbitration
19. When must the parties file statements
20. When the parties must hold a pre-arbitration conference
21. When must the Commission notify parties of an arbitration
22. How to determine whether a commissioner may arbitrate a dispute
23. How to postpone an arbitration
Part Five : Rules that apply to conciliations and arbitrations and con-arbs
24. Where a conciliation or arbitration will take place
25. Representation before the Commission
26. How to join or substitute parties to proceedings
27. How to correct the citation of a party
28. When the Commission may consolidated disputes
29. Disclosure of documents
30. What happens if a party fails to attend arbitration proceedings before the Commission
Part Six : Applications
31. How to bring an application
31A. How to apply for Picketing Rules or the determination of disputes relating thereto
31B. How to apply for the enforcement of Written Undertakings and/or Compliance orders
32. How to apply to vary or rescind arbitration awards or rulings
33. How to apply to refer a dismissal dispute to the Labour Court
Part Seven : Section 188A Inquiry
34. How to request an inquiry in terms of Section 188A
Part Eight : General
35. Condonation for failure to comply with the Rules and form
36. Recordings of Commission proceedings
37. How to have a subpoena issued and served
37A. Expert witnesses
38. Payment of witness fees
39. Order of costs in an arbitration
40. Certification and enforcement of arbitration awards
40A. Payment of an arbitration fee ordered in terms of section 140 of the Act
41. What words mean in these Rules
Schedules
Schedule One
Addresses of the Commission
Addresses of the Department of Labour : Labour Centres
Eastern Cape
Free State
Gauteng
KwaZulu-Natal
Bargaining Councils Accredited by the CCMA
Notice No. 315 of 2019
Bargaining Councils Accredited to Conduct Conciliation and Arbitration, subject to Conditions where applicable (Renewal of Accreditation)
Terms of Accreditation for Conciliation, Arbitration and Inquiry by Arbitrator
1. Scope of Accreditation
2. Powers of Accreditation
3. Extension of Accreditation
4. Transgression of terms of Accreditation
5. Amendment of Accreditation
Notice No. 225 of 2020
Bargaining Councils Accredited to conduct Conciliation and Arbitration, subject to conditions where applicable
Renewal of Accreditation
Terms of Accreditation for Conciliation, Arbitration and Inquiry by Arbitrator
1. Scope of Accreditation
2. Powers of Accreditation
3. Extension of Accreditation
4. Transgression of Terms of Accreditation
5. Amendment of Accreditation
Notice No. 286 of 2020
Bargaining Councils Accredited to conduct Conciliation and Arbitration, subject to conditions where applicable
Renewal of Subsidy
Terms of Accreditation for Conciliation, Arbitration and Inquiry by Arbitrator
1. Scope of Accreditation
2. Powers of Accreditation
3. Extension of Accreditation
4. Transgression of terms of Accreditation
5. Amendment of Accreditation
Notice No. 292 of 2020
Bargaining Councils Accredited to conduct Conciliation and Arbitration, subject to conditions where applicable
Renewal of Subsidy
Terms of Accreditation for Conciliation, Arbitration and Inquiry by Arbitrator
1. Scope of Accreditation
2. Powers of Accreditation
3. Extension of Accreditation
4. Transgression of Terms of Accreditation
5. Amendment of Accreditation
Notice No. 453 of 2020
Bargaining Councils Accredited to conduct Conciliation and Arbitration, subject to conditions where applicable
Renewal of Subsidy
Terms of Accreditation for Conciliation, Arbitration and Inquiry by Arbitrator
1. Scope of Accreditation
2. Powers of Accreditation
3. Extension of Accreditation
4. Transgression of Terms of Accreditation
5. Amendment of Accreditation
Notice No. 704 of 2020
Bargaining Councils Accredited to conduct Conciliation and Arbitration, subject to conditions where applicable
Renewal of Subsidy
Terms of Accreditation for Conciliation, Arbitration and Inquiry by Arbitrator
1. Scope of Accreditation
2. Powers of Accreditation
3. Extension of Accreditation
4. Transgression of Terms of Accreditation
5. Amendment of Accreditation
Notice No. 385 of 2021
Bargaining and Statutory Councils accredited to conduct Conciliation and Arbitration, subject to conditions where applicable
Renewal of Subsidy
Terms of Accreditation for Conciliation, Arbitration and Inquiry by Arbitrator
1. Scope of Accreditation
2. Powers of Accreditation
3. Extension of Accreditation
4. Transgression of Terms of Accreditation
5. Amendment of Accreditation
Notice No. 536 of 2021
Bargaining Councils accredited to conduct Conciliation and Arbitration, subject to conditions where applicable
Renewal of Subsidy
New Subsidy
Terms of Accreditation for Conciliation, Arbitration and Inquiry by Arbitrator
1. Scope of Accreditation
2. Powers of Accreditation
3. Extension of Accreditation
4. Transgression of terms of Accreditation
5. Amendment of Accreditation
Notice No. 682 of 2021
Bargaining Councils accredited to conduct Conciliation and Arbitration, subject to conditions where applicable
Renewal of Subsidy
Terms of Accreditation for Conciliation, Arbitration, and Inquiry by Arbitrator
1. Scope of Accreditation
2. Powers of Accreditation
3. Extension of Accreditation
4. Transgression of terms of Accreditation
5. Amendment of Accreditation
Notice No. 848 of 2022
Bargaining Councils accredited to conduct Conciliation and Arbitration subject to conditions where applicable
Renewal of Subsidy
New Subsidy
Terms of Accreditation for Conciliation, Arbitration, and Inquiry by Arbitrator
1. Scope of Accreditation
2. Powers of Accreditation
3. Extension of Accreditation
4. Transgression of Terms of Accreditation
5. Amendment of Accreditation
Notice No. 1062 of 2022
Bargaining Councils accredited to conduct Conciliation and Arbitration, subject to conditions where applicable
Renewal of Subsidy
Terms of Accreditation for Conciliation, Arbitration and Inquiry by Arbitrator
1. Scope of Accreditation
2. Powers of Accreditation
3. Extension of Accreditation
4. Transgression of Terms of Accreditation
5. Amendment of Accreditation
Notice No. 1628 of 2023
Bargaining Councils accredited to conduct Conciliation and Arbitration, subject to conditions where applicable
Renewal of Subsidy
Terms of Accreditation for Conciliation, Arbitration, and Inquiry by Arbitrator
1. Scope of Accreditation
2. Powers of Accreditation
3. Extension of Accreditation
4. Transgression of Terms of Accreditation
5. Amendment of Accreditation
Notice No. 1828 of 2023
Bargaining Councils accredited to conduct Conciliation and Arbitration, subject to conditions where applicable
Renewal of Subsidy
Terms of Accreditation for Conciliation, Arbitration, and Inquiry by Arbitrator
1. Scope of Accreditation
2. Powers of Accreditation
3. Extension of Accreditation
4. Transgression of Terms of Accreditation
5. Amendment of Accreditation
General Notice 1987 of 2023
Bargaining Councils accredited to conduct Conciliation and Arbitration, subject to conditions where applicable
Renewal of Subsidy
Terms of Accreditation for Conciliation, Arbitration, and Inquiry by Arbitrator
1. Scope of Accreditation
2. Powers of Accreditation
3. Extension of Accreditation
4. Transgression of Terms of Accreditation
5. Amendment of Accreditation
Notice No. 2211 of 2023
Bargaining Councils accredited to conduct Conciliation and Arbitration, subject to conditions where applicable
Renewal of Subsidy
Terms of Accreditation for Conciliation, Arbitration, and Inquiry by Arbitrator
1. Scope of Accreditation
2. Powers of Accreditation
3. Extension of Accreditation
4. Transgression of Terms of Accreditation
5. Amendment of Accreditation
Notice No. 2329 of 2024
Bargaining Councils accredited to conduct Conciliation and Arbitration, subject to conditions where applicable
Renewal of Subsidy
Terms of Accreditation for Conciliation, Arbitration, and Inquiry by Arbitrator
1. Scope of Accreditation
2. Powers of Accreditation
3. Extension of Accreditation
4. Transgression of Terms of Accreditation
5. Amendment of Accreditation
Notice No. 2535 of 2024
Bargaining Councils and Statutory Council accredited to conduct Conciliation and Arbitration, subject to conditions where applicable
Renewal of subsidy
Terms of Accreditation for Conciliation, Arbitration, and Inquiry by Arbitrator
1. Scope of Accreditation
2. Powers of Accreditation
3. Extension of Accreditation
4. Transgression of Terms of Accreditation
5. Amendment of Accreditation
Accredited Private Agency
Notice No. 568 of 2020
Erratum: Newly Accredited Private Agency accredited to conduct Conciliation and Arbitration, subject to conditions where applicable
Terms of Accreditation for Conciliation, Arbitration and Inquiry by Arbitrator
1. Scope of Accreditation
2. Powers of Accreditation
3. Extension of Accreditation
4. Transgression of Terms of Accreditation
5. Amendment of Accreditation
Notice No. 384 of 2021
Private Agency accredited to conduct Conciliation and Arbitration, subject to conditions where applicable
Terms of Accreditation for Conciliation, Arbitration and Inquiry by Arbitrator
1. Scope of Accreditation
2. Powers of Accreditation
3. Extension of Accreditation
4. Transgression of Terms of Accreditation
5. Amendment of Accreditation
Notice No. 681 of 2021
Private Agency accredited to conduct Conciliation and Arbitration, subject to conditions where applicable
Terms of Accreditation for Conciliation, Arbitration and Inquiry by Arbitrator
1. Scope of Accreditation
2. Powers of Accreditation
3. Extension of Accreditation
4. Transgression of Terms of Accreditation
5. Amendment of Accreditation
Notice No. 1063 of 2022
Private Agencies accredited to conduct Conciliation and Arbitration, subject to conditions where applicable
Terms of Accreditation for Conciliation, Arbitration and Inquiry by Arbitrator
1. Scope of Accreditation
2. Powers of Accreditation
3. Extension of Accreditation
4. Transgression of Terms of Accreditation
5. Amendment of Accreditation
Accreditation of Bargaining Council for the Fast Food, Restaurant, Catering and Allied Trades
Notice No. 86 of 2021
Newly Accredited Bargaining Council to conduct conciliation and arbitration, subject to conditions where applicable
Terms of Accreditation for Conciliation, Arbitration and Inquiry by Arbitrator
1. Scope of Accreditation
2. Powers of Accreditation
3. Extension of Accreditation
4. Transgression of Terms of Accreditation
5. Amendment of Accreditation
Rules for the Conduct of Proceedings before the CCMA, 2023
Notice No. R. 3318 of 2023
Part One: Serving and Filing Documents
1. How to contact the Commission
1A. Compliance with legislation regarding personal information
2. When are the offices of the Commission open
3. How to calculate time periods in these Rules
4. Who must sign documents
5. How to serve documents on other parties
5A. Notice of proceedings before the Commission
6. How to prove that a document was served in terms of the Rules
7. How to file documents with the Commission
8. Presumption when service was done by registered post
9. How to seek condonation for referral documents and applications delivered late
Part Two: Conciliation of Disputes
10. How to refer a dispute to the Commission for conciliation
11. How must the Commission notify parties of the conciliation or a facilitation
12. Commission or a commissioner may attempt to resolve a dispute before conciliation
13. What happens if a party fails to attend at conciliation
14. How to determine whether a commissioner may conciliate a dispute
14A. Extension of conciliation period in terms of section 135(2A) of the Act
15. Issuing a certificate in terms of section 135(5) of the Act
16. Conciliation proceedings may not be disclosed
Part Three: Con-Arb in terms of Section 191(5A) of the Act
17. Conduct of con-arb in terms of section 191(5A) of the Act
Part Four: Arbitrations
18. How to refer a request for arbitration to the Commission
19. When must the parties file statements
20. When the parties must hold a pre-arbitration conference
21. When must the Commission notify parties of an arbitration
22. How to determine whether a commissioner may arbitrate a dispute
23. How to postpone an arbitration
Part Five: Rules that apply to Conciliations, Arbitrations, Con-Arbs and other processes
24. Where a hearing will take place
25. Representation before the Commission
26. How to join or substitute parties to proceedings
27. How to correct a citation of a party
28. When the Commission may consolidate disputes
29. Disclosure of documents or material related to the dispute
30. What happens if a party fails to attend proceedings before the Commission
Part Six: Applications
31. How to bring an application
31A. How to apply for urgent picketing rules or the determination of disputes relating thereto
31B. How to apply for the enforcement of written undertakings and/or compliance orders
31C. Request to have a matter re-enrolled
32. How to apply to vary or rescind arbitration awards or rulings
33. How to apply to refer a dismissal dispute to the Labour Court
Part Seven: Inquiry in terms of Section 188A
34. How to request an inquiry in terms of section 188A of the Act
Part Eight: General
35. Condonation for failure to comply with the Rules and form
36. Recordings of Commission proceedings
37. How to have a subpoena issued and served to secure the presence of a person
37A. Expert witnesses
38. Payment of witness fees
39. Order of costs in an arbitration
40. Certification and enforcement of arbitration awards
40A. Payment of an arbitration fee ordered in terms of section 140 of the Act
41. What words mean in these Rules
Schedule One - Addresses of the Commission
Rules for the Conduct of Proceedings
Labour Court
1. Definitions
2. Office hours and address of registrar
3. Issue of documents and registrar's duties
4. Service of documents
5. Filing of documents
6. Referrals
7. Applications
7A. Reviews
8. Urgent relief
9. Appeals to the Labour Court
10. Reviews in chambers
11. Interlocutory applications and procedures not specifically provided for in other
12. Extension of time limits and condonation
13. Withdrawals and postponements
14. Set down of postponed matters
15. Matters struck off the roll
16. Default judgments
16A.
17. Consent to orders
18. Heads of argument
19. Submissions by an amicus curiae
20. Partnership, firms and unincorporated associations
21. Representation of parties
22. Joinder of parties, intervention as applicant or respondent, amendment of citatio
22A. Offer of Settlement
22B. Pagination
23. Consolidation of proceedings
24. Costs
25. Taxation
26. Service and enforcement of court orders
27. Oath of office of interpreter
28. Labour Court as court of record
29. Witness fees
30. Application for leave to appeal to the Labour Appeal Court
31. Sworn translators
32. Subpoenas
33. Commencement of rules
Labour Appeal Court
1. Definitions
2. Sittings of the court
3. Registrar's office hours
4. Petitions for leave to appeal
5. Procedure on appeal
5A. Appeal from the Industrial Court
6. Powers of attorney
7. Submissions by an amicus curiae
8. Date of hearing
9. Heads of argument
10. Labour Appeal Court sitting as a court of first instance in terms of section
11. Failure to appear at an appeal hearing
12. General
12A. Defence Special Tribunal Act
13. Costs and fees
14. Commencement of rules
Proclamations
Commencement of the Labour Relations Amendment Act, 2014
Notice No. R. 87 of 2014
Repeal of Labour Relations Regulations
Notice No. R.1015 of 2014
Commencement of the Labour Relations Amendment Act, 2018
Notice No. R. 1377 of 2018
Guidelines
Guidelines issued in terms of section 95(8) of the Labour Relations Act, No. 66 of 1995
Notice No. R. 1446 of 2003
Guidelines issued in terms of Section 95(8) of the Labour Relations Act
Notice No. R.1395 of 2018
The Purpose of this Document
1. Purpose
2. Application
3 and 4. Approach
5 and 6. The Definiton of a Trade Union
7. Formation of a trade union
8. Qualification for membership of a trade union
9,10,11 and 12. Membership of a trade union
13,14 and 15. Activities of the trade union
16. Independence from employers
17. Association of employees
18,19,20 and 21. Association not for gain
22. Federation affiliations
Employers' Organisation
23,24 and 25. Definition of an employers' organisation
26 and 27. Formation of an employers' organisation
28. Qualification for membership of an employers' organisation
29. Membership of an employers' organisation
30. Activities of an employers' organisation
31. Independence from trade unions
32,33 and 34. Association not for gain
Social Plan
Labour Market and Human Resource Development for Job Creation Social Plan
1. Introduction
2. Objectives
3. Principles
4. The Establishment of Future Forms
5. Social Plan Technical Support Facility (SPTSF)
6. Ministerial Notification and Department of Labour Services
7. Services Offered by the Department of Labour
8. Support to Small, Micro and Medium Size Enterprises (SMMEs)
9. Regenerating Local Economics
10. Social Plan Funds
11. Investigation of Additional Forms of Financial Assistance
commissioner
means a commissioner appointed in terms of
section 117
of the Act;
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