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

Notices

Motor Industry Bargaining Council  (MIBCO)

Main Collective Agreement

Division D : Special Provisions relating to Sectors

Clause 4 : Payment of Earnings

 

(1) Sector 7 : Part Salesperson

 

(a) The monthly earnings due to monthly paid employees shall be paid to them not later than the last working day of each calendar month: provided that the commission on sales due to a parts sales person employed in an establishment mainly or exclusively engaged in the sale of automotive parts and equipment and accessories shall not be calculated earlier than the 20th day of the month to which it relates, and shall be paid not later than the 25th day of the following month, subject to the following conditions:
(i) A part sales person in the employ of any establishment described herein shall, at the end of the month of publication of this Agreement be paid commission equal to the average commission earned during the previous three months, or the average commission earned during any such lesser period, if newly engaged during the three months preceding the date of publication hereof.
(ii) Should this bridging commission vary in favour of the employer by more than 10% of the actual commission earned, an adjustment shall be made by means of equal instalments over a period of three months reckoned from the date of payment of the adjusted commission;
(iii) Should this bridging commission vary in favour of the parts sales person the entire adjusted amount shall be paid to him in a single payment not later than the 25th day of the month following the month to which it relates;
(iv) In the event of the termination of the services of the parts sales person for any reason whatsoever the final commission payment shall be made to the employee concerned not later than the last working day of the month in which services are terminated.

 

(2) Sector 6 : Payment of Commission

 

(a) The monthly earnings due to monthly paid employees shall be paid to them not later than the last working day of each calendar month: Provided that the commission on sales due to an employee shall not be calculated earlier than the 20th day of the month to which it relates, and shall be paid not later than the 25th day of the following month, subject to the following conditions:
(i) An employee shall, at the end of the month of publication of this Agreement, be paid commission equal to the average commission earned during the previous three months, or the average commission earned during any such lesser period, if newly engaged during the three months preceding the date of publication hereof.
(ii) Should this bridging commission vary in favour of the employer by more than 10% of the actual commission earned, an adjustment shall be made by means of equal instalments over a period of three months reckoned from the date of payment of the adjusted commission.
(iii) Should this bridging commission vary in favour of the employee the entire adjusted amount shall be paid to him in a single payment not later than the 25th day of the month following the month to which it relates.
(iv) In the event of the termination of the services of the employee for any reason whatsoever the final commission payment shall be made to the employee concerned not later than the last working day of the month in which services are terminated.