A new five-grade job and wage structure has been determined for use in the Industry. Individual employers together with employees, their representatives and/or registered trade unions at establishment level will accordingly mutually agree on whether or not to implement the new five-grade job and wage structure on a voluntary basis or continue to observe the existing 13 grades (Rates A to H) and related arrangements.
Details of the five-grade job and wage structure are set out in Annexure B. Details of definitions of the grades are set out in Annexure C. Details of the current 13 grade structures are set out in Part II of this Agreement.
The Tables of Wage Rates as set out in (a) to (h) hereunder have general and/or specific application to operations listed in this Agreement. For ease of reference the wage rate categories are as follows:
| (a) |
Except as provided for in Wage Tables (b) to (f) hereunder, the wage rates prescribed in Wage Table (a) are applicable to all operations listed as Rates A, A1, AA, AB, B, C, D, DD, DDD, E, F, G and H, including watchman’s work in— |
Schedule G
Schedule M
Division D/O to D/33
Schedule E/1 and E/3
Division E/2.
| (b) |
Wage rates prescribed in Wage Table (b) are applicable to employees employed as vehicle drivers and have general application throughout the Technical Schedules in this Agreement. |
| (c) |
Wage rates prescribed in Wage Table (c) have specific application to the operations listed therein. |
| (d) |
Wage rates prescribed in Wage Table (d) apply only to the operations listed in Schedule F. |
| (e) |
Wage rates prescribed in Wage Table (e) apply to apprentices only. |
| (f) |
Wage Rates prescribed in wage table (f) apply only to the operations listed in Division D/7. |
| (g) |
Wage rates prescribed in Annexure B, “Five Grade Job and Wage Structure” only apply to the operations listed therein and in Annexure C, “The Skills Definitions accompanying the new five grade structure”. |
| (h) |
Wage rates prescribed in Annexure H, “Construction Sites covered by a Project Labour Agreement” only apply to the operations listed therein. |
(1)
| (a) |
Any employee who at the date of coming into operation of this Agreement was in receipt of a higher rate than that prescribed in the Agreement for the class of work upon which he is employed shall continue to receive not less than such higher rate while he is employed by the same employer on the same work or any other work for which a lower rate is prescribed. |
| (b) |
Every employee who on the date of coming into operation of this Agreement is employed by an employer on work classified in the Agreement shall, whilst in the employ of the same employer and whether or not his actual rate of pay immediately prior to the said date was in excess of the rate specified for his class of work in this Agreement, be paid not less than the actual rate he was receiving immediately prior to the said date plus, as a guaranteed personal increase, an additional amount for his class of work, as set out in the Wage Tables hereunder. |
| (c) |
Any employee to whom no increase or only a part of the prescribed increase was granted on or after 1 July 2021 shall be entitled to receive back pay to the 1 July 2021. Back pay will be calculated on the normal hourly rate and will include overtime hours, work performed on a Sunday and shift work. An employer must consult in good faith at plant level with the representative of the officials of a trade union and/or elected shop stewards with a view to reaching agreement on when the back pay will be paid to the affected employees. The union officials shall make themselves available to meet with an employer and where not available then the employer must consult directly with the elected shop stewards. |
| (d) |
any employee who was engaged after 1 July 2021 at a rate of pay not less that the rate of pay prescribed for his class of work as at the date of coming into operation of this Agreement shall not be entitled to be paid the additional amount specified in this sub-clause for his class of work; |
| (e) |
no employer shall reduce the rate of pay of any employee to whom an increase in excess of the additional amount specified in this subclause for his class of work has been awarded on or subsequent to 1 July 2021, and not employee shall be paid wages at a rate less than the rate for his class of work specified in this Agreement; |
| (f) |
for the purposes of this Agreement the rate applicable in terms of this subclause shall mutatis mutandis apply to employees employed in incentive bonus work in terms of clause 10 of Part l of the Agreement; |
| (g) |
an employer who intends to grant general increased to all employees, or all employees in a particular category of employees, in excess of the guaranteed personal minimum increases provided for in this Agreement, shall consult the employees concerned: Provided that, in respect of employees who are members of a union, if the employer is a member of any of the employers' organisations which are parties to the Agreement, the employer shall consult the trade unions concerned; |
| (h) |
where an employer, following such consultation, grants such increases over and above that provided for in this Agreement, the Bargaining Council shall be notified of the increased granted. |
| (2) |
No employee shall be required as part of his contract of service to accept board or lodging or both from his employer, nor to purchase any goods or hire any property from his employer. Where an employee agrees to accept board or lodging or both from his employer the employer may deduct from such employee’s wages or earnings such amount as agreed upon for the payment of board or lodging or both: Provided that the Council is notified in writing prior to the said deductions being made and the amounts thereof. |
| (3) |
No employee shall be employed on more than one occupation scheduled in this Agreement at different rates of pay in any one week, including any overtime worked at a higher-paid occupation, unless payment is made as if such employee had been employed for the whole of that week on the highest-paid occupation: Provided that where a lower-paid employee is temporarily substituted for a higher-paid employee who is absent from his work, for more than four hours, such substituted employee shall be entitled to receive an acting allowance, from the first hour of substitution, calculated at his/her actual rate of pay plus 20% of the higher scheduled rate, on the proviso that the employee cannot earn above the minimum rate for the higher job. Any period of substitution of less than one-half shift in the aggregate in any one week shall not count for payment at the higher rate. |
| (4) |
Subject to the provisions of subclauses (1) to (3), inclusive, no employer shall pay to the employees engaged on any of the classes of work hereinafter specified in the following Wage Schedules wages and/or earnings lower than those stated against such classes and no employee shall accept wages and/or earnings lower than those stated against such classes. |
South African Council for Educators Act, 2000
