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

Notices

Bargaining Council for the Building Industry, Cape of Good Hope

Extension of Main Amending Collective Agreement to Non-parties

Chapter Six : Employee Benefit Schemes

34. Sick Pay Fund

 

(1) The Sick Pay Fund for the Building Industry ("the Fund") is hereby continued and shall continue to be administered by the Council for the purposes of recompensing employees during periods of absence from work due to incapacity, and paying gratuities to employees in the event of permanent disability, in accordance with the rules of the Fund.

 

(2) The fund shall be administered by the Council in accordance with the rules which it may make from time to time for this purpose ("the Rules"), and all moneys of the Fund shall be administered, invested and paid out in accordance with the Rules. Copies of the Rules shall be available for inspection at the offices of the Council.

 

(3) Every employer shall contribute to the Fund in respect of each normal working day that an eligible employee works , an amount which shall be calculated as follows:

 

From the date of coming into operation of this Agreement to 31 October 2020

 

Category of Employee

Amount per day

Amount per day

Area A, B and C

Area D

R

R
(i) Labourer

3.08

2.95
(ii) General Worker

4.00

3.75
(iii) Tradesman Class 4, manufacturing worker, waterproofing worker and scaffold erector

4.26

4.14
(iv) Tradesman Class 3, clerical worker, joinery assembler, Aluminium Manufacturing Worker and Alternative Building System Installer 3

4.70

4.59
(v) Tradesman Class 2, machine operator, glazier, assistant floor layer, carpel fitter, block layer

6.41

6.21
(vi) Divers/Plant operators of Motor vehicles that require a code C1 licence, per day or above

5.62

5.33
(vii) Drivers of all other vehicles that require a code A, A1 or B licence

4.23

4.00
(viii) Artisan (including a Bricklayer, Stonemason, Carpenter, Joiner, Tiler, Plasterer, Designated Glazier, Plumber, Painter, Aluminium Installer/fixer, Leading hand and Junior Foreman)

12.02

11.63
(ix) Security Guard (Employees engaged in patrolling premises and guarding property)

4.51

4.26
(x) Apprenticeship Year 1

3.01

2.88
(xii) Apprenticeship Year 2

4.09

4.16
(xiii) Apprenticeship Year 3

6.44

6.23

 

For the period 1 November 2020 to 31 October 2021 the contributions applicable from 1 November 2019 shall be increased by the CPI percentage (as at the 1st of July 2020 as published by the Statistics South Africa) provided that the minimum increase shall be 4 %.

 

For the period 1 November 2021 to 31 October 2022 the contributions applicable from 1 November 2019 shall be increased by the CPI percentage (as at the 1st of July 2021 as published by the Statistics South Africa) provided that the minimum increase shall be 4 %.

 

(4) An employee shall receive payment in the amount set out in the table below in respect of each working day, including public holidays, that he is absent owing to illness or injury in a cycle of 365 calendar days:

 

Normal working days absent

Class of employee

% of minimum basic wage prescribed in clause 19(1)

1st -10th

All employees

80%

11th-130th

All employees

33%

 

(5) Subject to the Rules of the Fund, an employee shall not be entitled to sick pay—
(a) until 90 consecutive days' contributions have been made to the Fund in respect of such employee: Provided that contributions interrupted by a period of unemployment or a change of employer shall be deemed to be consecutive;
(b) for more than 130 days in any 365 -day cycle, calculated from the first day in respect of which the employee is entitled to sick pay;
(c) if he is absent from work owing to an accident compensable under the Compensation for Occupational injuries and Diseases Act, 1993;
(d) if his absence from work is related to the use of alcohol or illegal drugs, or he is incapacitated through sickness owing to his own negligence or misconduct;
(e) if he fails to observe the instructions of a medical practitioner, or has in the opinion of that practitioner aggravated his condition or retarded his recovery through his own actions;
(f) if he suffers from an injury for which a third party is liable to pay or does pay compensation to hire;
(g) while he undergoes treatment prescribed by any person other than a registered medical practitioner;
(h) if he fails to provide the Council with any relevant information which it may require;
(i) if he is found by the Council to be fit to resume his employment or to be permanently disabled, in which event he shall cease to be entitled to sick pay from a data fixed by the Fund for this purpose; and
(j) of any time when the amount to the credit of the Fund drops below R100 000,00 and until such time as the amount to the credit of the Fund exceeds R500 000,00.

 

(6) The Fund shall be entitled to recover any amount paid to an employee—
(a) in consequence of false information furnished to the Fund or on behalf of such employee: and
(b) if the employee fails to notify the Fund timeously of any change in his circumstances which could lead to the amount of the benefits being reviewed or withdrawn, in which event the Fund may claim from the employee any money overpaid to him.

 

(7) In the case of any employee taking maternity leave, the Fund shall pay that employee 33% of her current wages for a maximum period of 120 days.

 

(8) The Fund shall continue to pay employer contributions to the Holiday and Bonus Fund and the Building industry Medical Aid Fund on behalf of an employee during a period of one or more consecutive days in any pay week that the employee receives sick pay in terms of this clause.

 

(9) In the event of the expiration of this Agreement, the dissolution or winding up of the Council or a cessation of its operations, the provisions of clause 32(7), (8) and (9) relating to the Holiday and Bonus Fund shall apply equally to this Fund.