Labour Relations Act, 1995 (Act No. 66 of 1995)

Notices

Motor Industry Bargaining Council (MIBCO)

Main Collective Agreement

Division A : Provisions Applicable to all Establishments in the Industry

Clause 4 : Regulation of Working Hours

4.7 Special Provisions relating to Watchmen

Purchase

(1)	The following special provisions shall, notwithstanding anything to the contrary contained in this Agreement, apply to watchmen:

(a)	The normal hours of work of such employees shall not exceed 12 hours per shift and 84 hours per week and may be worked on any day of the week, including Sundays;

(b)	for any time worked in excess of 12 hours per shift he shall be remunerated at the rate of one thirtieth of his weekly wage for each additional hour's work;

(c)

after working seven consecutive shifts any such employee shall be entitled to one free shift on full pay as if he had worked his average ordinary working hours for that shift of the week: Provided that if such employee does not avail himself of this right, he shall instead be paid one seventh of his normal weekly remuneration in addition to his ordinary remuneration;

(d)

a watchman shall be entitled to leave on full pay on all days which are public holidays in terms of section 1 or declared as such under section 2 of the Public Holidays Act, 1994 (Act 36 of 1994), and if he is required to work on any of these days his employer shall pay him, in addition to one seventh of his weekly wage, one eighty-fourth of his weekly wage for each hour or part of an hour so worked.

(2)	Every employer shall provide every watchman with—

(a)	any suitable and acceptable means of self-protection, excluding firearms;

(b)	a police whistle;

(c)	suitable provision for the warmth of such employee.

(3)	The minimum wage which shall be paid by an employer to a watchman shall be—

(a)	from 7 February 2011 31 August 2011 – R667,73 per week;

(b)	For the period 1 September 2011 to 31 August 2012 – R721,15 per week;

(c)	For the period 1 September 2012 to 31 August 2013 – R771,63 per week

Provided that whenever, on the instructions of his employer, a watchman carries out the physical searching of any person or vehicle entering or leaving his employer's premises, he shall be paid an allowance of R5,00 per week in addition to his normal wage.

(4)

Subject to the provisions of subclause (5)(a) of this clause, three weeks' leave on full pay shall be granted to all watchmen who have completed 12 months of continuous employment with the same employer since the date of engagement or from the date on which the previous leave fell due, whichever is the later.

(5)

Subject to the provisions of subclause (5)(a) of this clause, four weeks' leave on full pay shall be granted to all watchmen who on or after 1 December 1990 have completed 120 months or more continuous employment with the same employer since the date of engagement, subject to the following condition:

(a)	Annual leave may be split by mutual Agreement between the employer and employee, provided that no intimidation is exercised to obtain such an Agreement.