Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)
Sectoral Determination 4 : Clothing and Knitting Sector, South Africa
|An employer may when engaging an employee or after at least one week’s notice if the employee is already in his or her employ, introduce any piece-work system and, except as provided for in clause 6(4), such employer shall pay the employee who is employed on such piece-work system remuneration at not less than the wage mentioned in clause 3(1) for an employee of his or her category and experience, plus the rates applicable under such system.
|An employer shall keep posted up in a conspicuous place in his or her establishment a schedule reflecting the rates referred to in subclause (1) or he or she may in lieu thereof supply every employee engaged on piece-work with a letter signed by himself/herself, or on his or her behalf, setting out the said rates.
|An employer shall not require or permit an employee to undertake any work for him or her solely on piece-work basis and any amount payable to an employee in terms of subclause (1) shall be aside from and in addition to his or her wage, which shall not be less than the wage mentioned in clause 3(1) for an employee of his or her category and experience.
|An employer who intends to cancel or amend any piecework system in operation, or the rates applicable thereunder shall give an employee not less than one month’s notice of such intention: Provided that an employer and an employee may agree on a longer period of notice, in which case the employer shall give notice for a period not shorter than that agreed upon.
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