Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)
Sectoral Determination 12 : Forestry Sector, South Africa
Part B : Minimum Wages
5. Task-based payment
|An employer and forestry worker may agree in writing that the forestry worker will perform task-based work on a regular basis.
|An employer must pay a forestry worker who is employed on such a task-based system, remuneration at not less than the wage prescribed in clause 2(2), plus the rates applicable under such system.
|An employer shall not require or permit a forestry worker to undertake any work for him or her solely on the basis of the quantity of work done. Any amount payable to a forestry worker for task-based work in terms of sub-clause (2) shall be aside from and in addition to his or her wage, which shall not be less than the wage prescribed in clause 2(2).
|An agreement to perform task-based work in terms of this clause must be concluded before the work is commenced and must include—
|the forestry worker’s wage and rate per task;
|the basis for calculating task-based payments;
|the period over which task-based payments are calculated which may not be longer than one month;
|when the employer must pay task-based payments to the forestry worker which may not be longer than seven days after the end of the period in which the payment is earned; and
|the type, description, number, quantity, margin, profit, or orders (individual, weekly, monthly or otherwise) for which the forestry worker is entitled to earn wages.
|An employer must ensure that a schedule reflecting the wage and rates referred to in clause 5(2) is accessible to the forestry workers at all times.
|The employer must supply the forestry worker with a copy of the agreement to perform task-based work.
|An employer who intends to cancel or amend any task-based system in operation or the rates applicable there under shall give the affected forestry workers not less than one month notice of such intention. The parties may agree in writing on a longer notice period.
|A forestry worker who performs task-based work, or otherwise, his/her ordinary hours of work may be reduced on account of short-time provided that:
|A deduction made in the case of short time should not exceed one third of the forestry worker’s weekly wage, irrespective of the number of hours by which the ordinary hours of work were reduced.
|Short time is applicable when unforeseen circumstances such as machinery breakdowns, weather fluctuations, and slackness of trade or shortage of raw materials exist.
|No deductions shall be made in the case of short time arising from machinery breakdowns, slackness of trade or shortage of raw materials unless the employer has given notice on the previous working day.
|Whenever short time is worked due to inclement weather, forestry workers should be paid for at least four hours if work has not started for the day or was stopped within the first four hours. Should work be stopped after the first four hours forestry workers should be paid for hours worked. The one-third provision will apply if the employer has given notice the previous working day.
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