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

Notices

Motor Industry Bargaining Council (MIBCO)

Extension to Non-Parties of the Main Collective Agreement

Division A

Clause 3: Particulars of Employment and Remuneration

3.10. Differential Rates of Wages and Employment on Artisan's work

Purchase

(1)	Employment on artisan's work—

(a)	No employer shall employ or utilise any person, other than an artisan, PR artisan, operative engine assembler, apprentice or trainee under the Skills Development Act 97 of 1998 as amended, on artisan's work:

Provided that this clause shall not be deemed to prohibit the employment of other classes of employees, at the wages prescribed for such classes, on the operations and in the circumstances specified in the definitions of such classes:

Provided further that such employment is not a contravention of the provisions of clause 3, Chapter 1, Division C.

(b)	No employee shall instruct or permit any employee (working under his supervision), other than an artisan, PR artisan, operative engine assembler, apprentice or trainee under the Skills Development Act 97 of 1998 as amended, to perform artisan's work.

(c)	No employee, other than an artisan, PR artisan, operative engine assembler, apprentice or trainee under the Skills Development Act 97 of 1998 as amended, shall perform artisan's work.

(2)

Legal employment - An employer who, without contravening sub-clause (1) of this clause, requires or permits a member of one class of his employees to perform for longer than 60 minutes in the aggregate on any day, either in addition to his own work or in substitution therefor, work of another class for which either—

(a)	a wage higher than that of his own class;or

(b)	a rising scale of wages terminating in a wage higher than that of his own class, is prescribed shall pay to such employee in respect of that day—

(i)	in the case referred to in paragraph (a), not less than the daily wage calculated at the higher rate; and

(ii)	in the case referred to in paragraph (b), not less than the daily wage calculated on the notch in the rising scale immediately above the wage which the employee was receiving for his ordinary work.

(3)

Any person that makes an arbitration award regarding the interpretation or application of clause 3.10(1) of Division A may award to the Council an amount not exceeding the difference between the amount which the employer paid to the employee and the amount which the employer would have paid if the contravention or failure had not occurred provided that if the arbitrator is unable on all the evidence to determine the difference exactly he or she shall to the best of his or her ability estimate the difference. The Council must upon receipt of that amount deposit the amount into a Special Account established by the Council for that purpose.