[Section 55(1) substituted by section 8(a) of Act No. 20 of 2013]
| (2) |
If the Minister does not accept a recommendation of the Commission made in terms of section 54(4), the Minister must refer the matter to the Commission for its reconsideration indicating the matters on which the Minister disagrees with the Commission. |
| (3) |
After considering the further report and recommendations of the Commission, the Minister may make a sectoral determination. |
| (4) |
A sectoral determination may in respect to the sector and area concerned— |
| (a) |
set minimum terms and conditions of employment, including minimum rates of remuneration; |
| (b) |
provide for the adjustment of remuneration by way of— |
[Section 55(4)(b) substituted by section 8(b) of Act No. 20 of 2013]
| (c) |
regulate the manner, timing and other conditions of payment of remuneration; |
| (d) |
prohibit or regulate payment of remuneration in kind; |
| (e) |
require employers to keep employment records; |
| (f) |
require employers to provide records to their employees; |
| (g) |
prohibit or regulate task-based work, piecework, home work, sub-contracting and contract work; |
[Section 55(4)(g) substituted by section 8(c) of Act No. 20 of 2013]
| (h) |
set minimum standards for housing and sanitation for employees who reside on their employers' premises; |
| (i) |
regulate payment of traveling and other work-related allowances; |
| (j) |
specify minimum conditions of employment for trainees; |
| (k) |
specify minimum conditions of employment for persons other than employees; |
| (l) |
regulate training and education schemes; |
| (m) |
regulate pension, provident, medical aid, sick pay, holiday and unemployment schemes or funds; |
[Section 55(4)(m) substituted by section 8(d) of Act No. 20 of 2013]
| (n) |
regulate any other matter concerning remuneration or other terms or conditions of employment. |
| (o) |
taking into account the provisions of section 21(8) of the Labour Relations Act, 1995, set a threshold of representativeness at which a trade union will automatically have the organisational rights contemplated in sections 12 and 13 of the Labour Relations Act, 1995, in respect of all workplaces covered by the sectoral determination; and |
[Section 55(4)(o) inserted by section 8(d) of Act No. 20 of 2013]
| (p) |
establish one or more methods for determining the conditions of service for labour tenants who has a right to occupy and to use a part of a farm as contemplated in section 3 of the Land Reform (Labour Tenants) Act, 1996 (Act No. 3 of 1996), for the purpose of section 4(3); |
[Section 55(4)(p) inserted by section 8(d) of Act No. 20 of 2013]
| (5) |
Any provisions of a sectoral determination may apply to all or some of the employers and employees in the sector and area concerned. |
| (6) |
A sectoral determination in terms of subsection (1)— |
| (b) |
may only be made in respect of section 43(1) to allow the employment of children in the performance of advertising, sports, artistic or cultural activities; |
| (c) |
may not reduce the protection afforded to employees by sections 17(3) and (4)and 25, or a regulation made in terms of section 13. |
| (7) |
The Minister may not publish a sectoral determination— |
| (b) |
covering employees covered by a collective agreement concluded in a statutory council regulating any matter in respect of which that statutory council has concluded a collective agreement; |
[Section 55(7)(b) substituted by section 8(e) of Act No. 20 of 2013]
| (c) |
regulating any matter regulated by a sectoral determination for a sector and area which has been in effect for less than 12 months. |
| (8) |
Subject to the provisions of subsection (7), the Minister may publish a sectoral determination that applies to employers and employees who are not covered by any other sectoral determination. |
[Section 55(8) inserted by section 8(f) of Act No. 20 of 2013]
Public Service Commission Act, 1997
