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

Notices

Bargaining Council for the Canvas Goods Industry, Gauteng

Extension to Non-Parties of the Main Collective Agreement

6. Remuneration

 

6.1. Wages and Wage Rates
6.1.1 Subject to the provisions of sub clauses 6.1.2 and 6.1.3 of this clause and clause and clause 6.3 of this Agreement , no employer shall pay, and no employee shall accept for this particular class of work less than the wage rates as stipulated hereunder:

 

TABLE OF WEEKLY WAGE RATES

 

CATEGORY

1 July 2021 for Parties and for Non-Parties from the coming into Operation of the Agreement as determined by the Minister

RATE 01 JULY 2021 For parties and for non-parties from date determined by the Minister

 

 

01 July 2021 - 30 June 2022

01 July 2022 - 30 June 2023

(a)
(i) Chopper-out 1st 6 months

R1 599.89

R1 695.88

 

Chopper-out 2nd 6 months

R1 683.56

R1 784.57

 

Chopper-out 3rd 6 months

R1 748.85

R1 853.79

 
(ii) Chopper-out Qualified

R1 842.50

R1 953.05

(b)
(i) Cutter 1st 6 months

R1 715.94

R1 818.89

 

Cutter 2nd 6 months

R1 832.85

R1 942.82

 

Cutter 3rd 6 months

R1 902.84

R2 017.01

 

Cutter 4th 6 months

R1 902.84

R2 017.01

 

Cutter 5th 6 months

R2 106.60

R2 233.00

 
(ii) Cutter 2nd qualified

R2 148.26

R2 277.16

(c)
(i) Driver up to 450 kg

R1 607.85

R1 704.32

 
(ii) Driver 450 kg up to 2750kg

R1 624.00

R1 721.45

 
(iii) Driver 2750kg up to 4550 kg

R1 845.81

R1 966.56

 
(iv) Driver 4550 kg and over

R1 918.90

R2 034.03

(d)
(i) General Assistant 1st 6 months

R1 607.85

R1 704.32

 
(ii) General Assistant 2nd 6 months

R1 683.56

R1 784.57

 
(iii) General Assistant 3rd 6 months

R1 753.92

R1 859.15

 
(iv) General Assistant 4th 6 months

R1 845.81

R1 956.56

 
(v) General Assistant 5th 6 months

R1 933.25

R2 049.24

(e)

Handyman

R1 884.75

R1 997.84

(f)
(i) Machinist 1st 6 months

R1 612.32

R1 709.05

 
(ii) Machinist 2nd 6 months

R1 715.75

R1 818.69

 
(iii) Machinist Qualified

R1 840.53

R1 950.96

 
(iv) Machinist Heavy Machines

R2 148.26

R2 277.16

(g)

Night Watchman

R1 705.16

R1 807.47

(h)

Not Elsewhere specified

R1 611.54

R1 708.23

(i)

Operator H.F. Welding

R1 651.07

R1 750.13

(j)

Labourer

R1 683.82

R1 784.85

(k)

General Assistant Qualified

R2 158.62

R2 288.13

(l)

Mechanic

R2 278.41

R2 415.11

(m)

Foreman

R2 810.03

R2 978.63

[Clause 6(6.1)(6.1.1) substituted by section 3 of Notice No. R. 2315, GG47107, dated 29 July 2022]

 

6.1.2 An employee who at the date of publication of this Agreement is employed at rates of remuneration more favourable to him than those prescribed in this Agreement, for an employee of his class shall continue to receive such remuneration whilst he is in the service of the same employer, and shall receive the applicable tariff increase.

[Clause 6(6.1)(6.1.2) substituted by section 4 of Notice No. R. 29, GG44090, dated 22 January 2021]

6.1.3 No portion of the operation of putting up blinds or awnings shall be carried out except under the supervision of a foreman or blindhanger.
6.1.4 Basis of contract - For the purposes of this clause, the basis of contract of employment of an employee shall be weekly and, save as provided in sub clause 6.1.6, an employee shall be paid in respect of a week not less than the full weekly wage prescribed in the table of wages, for an employee of his class, whether he has in that week worked the maximum number of ordinary hours applicable to him in terms of clause 4 or less.
6.1.5 Wages shall be paid in cash weekly during ordinary business hours and not later than Friday, unless an employer and his employees agree at plant level to a different method of payment. Each employee's wages shall be placed in a sealed envelope with the following details appearing on the outside in indelible writing:
* Employee's Full Name
* Hourly rate
* Pay for work on Sundays
* Hours worked:
(i) Ordinary hours
(ii) Overtime
* Amount due
* Deductions
* P.A.Y.E
* Unemployment Insurance Fund
* Sick Benefit Fund
* Provident Fund
* Insurance or Pension Fund
* Trade union subscriptions
* Council levies
* Net earnings
* Employer
* Date
6.1.6 Deductions

Deductions may not be made from an employee's pay other than the following:

6.1.6.1 where the employee was absent from work other than on the instructions or at the request of his employer, a deduction proportionate to his period of absence;
6.1.6.2 for provident fund, sick fund contributions, pension funds or saving funds (approved by the Council);
6.1.6.3 contributions and levies to the Council or Council Funds;
6.1.6.4 for payment of money on behalf of an employee that an employer is forced to make through a court order or legal process;
6.1.6.5 with written consent from the employee, deductions for any trade union funds (only trade unions who are parties to the Council).
6.1 7 No premium for the training of an employee shall be charged or accepted by an employer, except in terms of a training scheme to which an employer is legally required to contribute.
6.1.8 Learners

An employee who is promoted to, or re-engaged on an operation with a higher prescribed rate of pay and for which a learnership scale is prescribed, shall become a learner on that operation and shall be paid that notch of the learnership scale which is immediately higher than the rate on his previous operation.

6.1.9 Remuneration due to a deceased employee

Where a dependant of a deceased employee can provide proof to an employer of the death of the employee, the employer may pay any wages still owing to such deceased, to the dependant. The estate of the deceased employee will not have any claim on the employer.

6.1.10 Acting allowance

An employee who has to perform, for a temporary period, an operation for which a higher wage is prescribed shall be paid the higher rate for the time worked on that operation. An employee who temporarily has to perform an operation for which a lower rate is prescribed shall be paid the wage he received before working on that operation.

6.1.11 Incentive schemes

Incentive schemes shall be negotiated at plant level. A copy of the agreement, signed by the employer and representatives of the majority trade union, shall be forwarded in writing to the Secretary of the Council.

 

6.2. OVERTIME RATES
6.2.1 An employee, excluding a night watchman, shall be paid for overtime on the following basis:
6.2.1.1 where he works before or after his usual starting time on Monday to Friday and/or Saturday morning, one and a half times his hourly rate;
6.2.1.2 where the normal working week is completed between Monday and Friday and an employee is required to work on a Saturday morning, provided such employee has completed 42 hours of work between Monday and Friday, one and a half times his hourly rate;
6.2.1.3 where an employee works overtime on a Sunday, he shall be paid at double his hourly rate, alternatively he shall be paid his ordinary hourly rate plus be given a days' paid leave within seven days of such Sunday.
6.2.2 A night watchman shall be paid overtime on the following basis:
6.2.2.1 where he works after his normal finishing time, his hourly rate plus time and a half;
6.2.2.2 where he works on his night off, double his hourly rate.
6.2.3 Where an employee is remunerated on a basis other than the time worked by him, his ordinary hourly rate of remuneration for the purpose of calculating his overtime shall be calculated by dividing his total remuneration for the prior three months or the total period of employment, whichever is the shorter, by the number of hours actually worked by him over the same period.

 

6.3. DIFFERENTIAL WAGE
6.3.1 An employer who requires or permits a member of one class of his employees, other than a labourer to perform for longer than one hour in the aggregate on any day and an employer who requires or permits his labourer to perform for any period on any day, either in addition to his work or in substitution thereof, work of another class for which either—
6.3.1.1 a wage higher than that of his own class; or
6.3.1.2 a rising scale of wages terminating in a wage higher than that of his own class:

than prescribed in clause 6.1.1, shall pay to such employee a wage for all the ordinary hours of work of the factory on that day.

6.3.2 In the case referred to in clause 6.3.1.1 above, at a rate for each hour equal to the higher weekly wage divided by the number of ordinary hours worked by such employee in a week;
6.3.3 In the case referred to in clause 6.3.1.2 above, at the rate for each hour equal to the weekly wage prescribed in clause 6.1.1 for an employee of his class plus 30 per cent divided by the number of ordinary hours worked by such employee in a week: Provided that such employee shall not be entitled to an aggregate amount in respect of the day on which he performs such work greater than the amount that would have accrued to a qualified employee in such higher class at the rate of wages prescribed for him in clause 6.1.1: Provided further that where the sole difference between classes is, in terms of clause 6.1.1, based on experience, the provisions of this clause shall not apply.

 

6.4. ANNUAL BONUS
6.4.1 Bonus calculations will be pro-rated and calculated based on earning for the calendar year commencing 01 January to 31 December of each year: ("a calendar year")
6.4.2 Where wages are set at different rates during a calendar year, the bonus will be calculated on the total sum of the wages earned over the said calendar year. (In other words, the bonus will not be calculated on the wage level as at December, if it has changed to what it was in January of that calendar year, but will be calculated for the entire calendar year, and prorated to the weekly rate to calculate the applicable bonus in each category.)
6.4.3 Should an employee receive either an increase or a decrease during a calendar year the bonus calculation is to be pro-rated accordingly for the said calendar year during which the wage was either increased or decreased.
6.4.4 In order to qualify for the annual bonus, an employee must be in employment with his employer on the last day of each year prior to the annual shut down, and if not, no bonus will be payable as at the date of termination of employment for whatever reason.
6.4.5 The annual bonus, duly pro-rated and calculated in accordance with the provisions of clauses above, shall be as follows:

6.4.5.1

0 - 6 months

No bonus

6.4.5.2

7 - 12 completed months

2 weeks pro rata

6.4.5.3

13 - 24 completed months

2 weeks

6.4.5.4

25 months and over

4 weeks

[Clause 6(6.4) substituted by section 5 of Notice No. R. 29, GG44090, dated 22 January 2021]

 

6.5. PIECE WORK
6.5.1 An employer may require or allow his employees to work piece work or another system by which earnings are based on quantity or output of work done: Provided that he obtains the written consent of the Council.
6.5.2 If there is introduced into an incentive scheme a condition which has the effect of providing that output below the target fixed for incentive purposes shall be carried forward and deducted from future production before determining the bonus payable, there shall be added a proviso which precludes the deduction of such shortfall from any production achieved later than the close of the last pay week, i.e. the day up to which the wages are calculated, in the calendar month in which the shortfall occurred.
6.5.3 In granting the consent mentioned in sub clause 6.6.1 of this clause, the Council may impose any other conditions it deems fit.
6.5.4 Any dispute arising out of an incentive scheme may be referred to the Council which shall appoint a sub committee consisting of two members and the secretary of the Council to investigate and arbitrate in such dispute. The decision of such sub- committee shall be binding on the employer and the employees concerned in such dispute.
6.5.5 An employee employed on piece work for any period shall be paid the full amount earned under the piece work rates, subject to sub clauses 6.5.2, 6.5.3 and 6.5.4 of this clause: Provided that, irrespective of the amount of piece work performed, such employee shall in respect of such period be paid not less than the remuneration which would have been payable to him had he been employed as a full time worker during such period.

 

6.6. OUTWORK
6.6.1 No employer shall require or allow any of his employees to undertake any work in the Industry, including repairing and assembling, elsewhere than in his establishment, except when such work is in execution or completion of an order placed with such an employer and, in the nature of the job, cannot be performed in the establishment.
6.6.2 No employee shall solicit or take orders for or undertake any work in the Industry on his own account for sale and/or gain and/or on behalf of any other persons or firms whilst in the service of an employer engaged in the Industry.

 

6.7. SHIFT ALLOWANCE

Employees shall work between the hours of 18h00 to 06h00 shall be paid a shift allowance equivalent to ten (10) percent (10%) of their hourly rate of pay in respect of each hour or part thereof worked during such shift, in addition to their usual hourly rate.

 

6.8. TRAVELING REMUNERATION
6.8.1 Notwithstanding the provisions of clause 4 of the Agreement—
6.8.1.1 where work is done away from the employer's establishment or the employee's usual working place and traveling is necessitated thereby, the employee sent to do such work shall be provided with accommodation, or suitable transport to and from the job;
6.8.1.2 when an employee is required to travel in terms of sub clause 6.8.1.1 hereof, he shall be paid at—
6.8.1.2.1 ordinary rates of wages for hours of traveling coinciding with his ordinary hours of work and at half rates for hours of traveling falling outside his ordinary hours of work. The wage in any circumstances is not to exceed 12 hours' wages per day or part thereof. Provided that if an employee has been working on the day, other than Sunday or a public holiday, on which the journey commences, he shall be entitled to receive up to a maximum of 12 hours' full wages only, which shall include the remuneration earned by him in respect of such day.
6.8.1.2.2 double the ordinary rates of wages for hours traveled or worked on a Sunday, subject to a minimum of a double day's wages irrespective of the number of hours traveled if they are less than the hours normally worked on a weekday, and a maximum of 20 hour's wages in respect of hours worked or traveled, if both are in excess of normal daily hours.
6.8.1.2.3 in addition to the wages for public holidays prescribed in clause 5.2 of the Agreement, ordinary rates of wages for hours worked or traveled on public holidays subject to a maximum of 20 hours' wages per day.
6.8.1.3 An employee shall be paid for meals and accommodation whilst traveling. Where an employee is, by reason of his employment, away from his usual working place, or required by his employer to live away from his usual domicile, his employer shall—
6.8.1.3.1 either compensate him for all expenses reasonably incurred in respect of board and lodging; or
6.8.1.3.2 provide him with suitable board and lodging free of charge.
6.8.1.4 For the purposes of this clause, a day shall mean a period of 24 hours beginning and ending at 24h00.

 

6.9. RECORDS TO BE KEPT BY EMPLOYERS
6.9.1 Hours and wages record:
6.9.1 1 Every employer shall, in respect of and at each place where he conducts business, keep available for inspection at all times records containing at least the following information:
(i) The employee's name and occupation, identity number/passport or permit number;
(ii) The time worked by each employee;
(iii) The remuneration paid to each employee;
(iv) The date of birth of any employee under 18 years of age; and
(v) Any other prescribed information.
6.9.1.2 Every employer shall keep the record referred to in paragraph 6.9.1.1 of this sub-clause for a period of three years from the date of the last entry in the record.
6.9.2 Attendance record: Every employer shall have available an attendance register in the form of BCEA 3 to the regulations promulgated in terms of the Basic Conditions of Employment Act, 1997, in which any employee who wishes to do so may, and every employee whose employer requires him to do so, shall record his correct times of arrival at and departure from work.