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

Notices

National Bargaining Council for the Hairdressing, Cosmetology, Beauty and Skincare Industry

Extension to Non-parties of the Consolidated Main Collective Agreement

Areas

Area A

31. Commission Agreements

Purchase

31.1

An Employer that is obliged to pay commission, of whatsoever nature, to an Employee by virtue of the provisions of this Agreement, or should an Employer and Employee voluntary enter into an agreement in terms of which such commission will be payable, the terms and conditions in respect of which commission will be paid shall be recorded in a written agreement concluded between the Employer and Employee.

31.2	An Employer shall within, 7 (seven) days of being requested to do so, furnish the Council with a copy of the Commission Agreement concluded with any Employee.

31.3	The failure by an Employer and Employee to record the terms and conditions of a Commission Agreement in writing, as stated in clause 31.1 above, shall not deteriorate from the Employer's obligation to pay Commission to the Employee.

31.4	Irrespective whether a Commission Agreement has been reduced to writing, an Employer shall pay the prescribed Commission to a Hairdresser/Hairstylist which will be calculated as follows:—

31.4.1

the Commission shall be calculated on turnover;

31.4.2

for purposes of calculating the turnover:—

31.4.2.1

VAT shall be deducted if the Establishment is registered for VAT; and

31.4.2.2

loyalty card contributions including, but not limited, to SAMBA and Pretorium Trust shall be deducted.

Commission payable to Employees on retail sales shall be calculated in accordance with the terms and conditions of commission agreements relating to retail sales entered into by and between an Employer and Employee, which Commission shall not be less than 5% after deduction of VAT, if applicable.

31.5

In the event of an Employer being unable or failing to produce the necessary documentation that is used to calculate the commission payable to an Employee, any documentation produced by the Employee indicating the commission payable shall constitute prima facie proof of the commission payable by the Employer to the Employee, unless the contrary is proven.

31.6	The Commission payable in terms of this clause 31 shall be:

36.6.1

30% (thirty percent) in respect of North-West, Free State, all the Magisterial Districts of the Eastern Cape Province and Kimberley;

36.6.2

40% (forty percent) in respect of the balance of Area A.

31.7	A Qualified stylist in this Area A, shall not be entitled to any Basic salary of wages in addition to the Commission paid in terms of this clause 31.

31.8

The Basic salary or wages in respect of Hairdresser I Hairstylist Qualified in Area A, shall be used for purposes of calculating PSC, Pension fund contributions, Sick Pay Fund contributions, Notice Pay and Severance Pay, or in the event that exemption is granted in favour of an employer not to pay the Commission in terms of clause 31.6 above, but a different Commission as provided for.