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Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)

Sectoral Determinations

Sectoral Determination 4 : Clothing and Knitting Sector, South Africa

1. Definitions


In this determination any word or expression to which a meaning has been assigned in the Basic Conditions of Employment Act, 1997, has the meaning so assigned, unless the context indicates otherwise—



includes a collective agreement;


"Bespoke Tailoring Industry"

means the making of outer garments for and to the measurements of individual persons but excludes the making of tailored outer garments for the execution of special measure orders from dealers whose customers’ measurements are taken by or are the responsibility of such dealers and the making of all classes of garments including quantity production tailoring made to the order of any department in the national or provincial sphere of government; Transnet and the South African Airways or local government;



means the Commission for Conciliation, Mediation and Arbitration established in terms of section 112 of the Labour Relations Act, 1995;


"commission work"

means any system under which an employee receives additional remuneration calculated on the value or volume of sales effected or on the value or number of orders submitted to and accepted by the employer;


"daily wage"

means an employee’s weekly wage divided by the number of days on which he or she ordinarily works in a week;



means a period of 24 hours measured from the time when the employee normally commences work;


"emergency work"

means work which is required to be done without delay owing to circumstances for which the employer could not reasonably have been expected to make provision and which cannot be performed by employees during their ordinary hours of work;



means any person excluding an independent contractor, who works for another person for more than 24 hours per month in the clothing and knitting sector and who receives, or is entitled to receive, any remuneration;



means any premises or part thereof, on or in connection with which one or more employees are employed in the clothing and knitting sector;



means the total period of employment an employee has had in the Bespoke Tailoring or the Clothing and Knitting Industry, whether within the Republic of South Africa or elsewhere, in any capacity other than as a driver of a motor vehicle, or a mechanic, and shall include—

(a) in the case of a clerical employee, all periods of employment which such employee has had as a clerical employee, irrespective of the trade, industry or undertaking in which such experience was gained;
(b) in the case of a presser or folder who has been in the laundry trade, seeking employment as a presser, ironer or folder in the clothing industry, half of his or her total experience in the laundry trade;
(c) in the case of all other employees, each completed period of six months’ training in any work similar to that for which wages are set out in this Agreement;


"fully fashioned garment"

means a garment of which the form or body, body and sleeve, or sleeves, back and front, are fully shaped on a knitting machine;


"hourly wage"

means an employee’s weekly wage divided by his weekly ordinary hours of work;



means inability to work owing to any sickness or injury other than sickness or injury caused by an employee’s own misconduct: Provided that any such inability to work, caused by an accident or scheduled disease for which compensation is payable under the Compensation for Occupational injuries and Diseases Act, 1993 (Act No. 130 of 1993), shall only be regarded as incapacity during any period in respect of which no disability payment is payable in terms of that Act;


"laundry trade"

means the trade in which employers and employees are associated for the purpose of laundering, cleaning or dyeing all types of woven, spun, knitted or crocheted fabrics or articles made from such fabrics, including all operations incidental thereto or consequent thereon, if carried out by such employers and their employees;



includes the common law;


"medical practitioner"


(a) a person entitled to practice as a medical practitioner in terms of section 17 of the Medical, Dental and Supplementary Health Service Professions Act, 1974 (Act No 50 of 1974); or
(b) a traditional healer;



means a person registered or enrolled to practice as a midwife in terms of section 16 of the Nursing Act, 1978 (Act No. 50 of 1978);



means a calendar month;


"monthly wage"

means an employee’s weekly wage multiplied by four and a third;


"night work"

means work performed after 18:00 and before 06:00 the next day;


"ordinary hours of work"

means the hours of work prescribed in clause 7 but if by agreement between an employer and the employee the latter works a lesser number of ordinary hours, it means such shorter hours;



means the time that an employee works during a day or a week in excess of ordinary hours of work, including overtime worked on a Sunday;


"public holiday"

means all public holidays declared as such in terms of the Public Holidays Act, 1994 (Act No. 36 of 1994);



means any system by which earnings are calculated upon the quantity or output of work performed;



means any payment in money or in kind, or both in money and in kind, made or owing to any person in return for that person working for any other person, including the State, and "remunerate" has a corresponding meaning;


"retail dressmaking"

means the making of single garments for girls and women to the measurement of individual persons, not as special measure orders from dealers whose customers’ measurements are taken by or are the responsibility of such dealers;


"retail millinery"

means the making of hats in shops for sale in such shops and the making of hats to the measurements of individual persons;


"short time"

means a temporary reduction in the number of ordinary hours of work owing to slackness of trade, shortage of raw materials, vagaries of the weather, a breakdown of plant or machinery or buildings that are unfit for use or is or are in danger of becoming unfit for use;


"the Act"

means the Basic Conditions of Employment Act, 1997;



means that amount of money payable to an employee in terms of clause 3(1) in respect of his or her ordinary hours of work: Provided that if an employer regularly pays an employee in respect of such ordinary hours of work an amount higher than that prescribed in clause 3, it means such higher amount, and "weekly wage" has a corresponding meaning;



in relation to an employee, means the period of seven days within which the working week of that employee ordinarily falls;


"work place"

means any place where employees work;


SD 4: 1.1 (a) Definitions of the occupations, capacities

SD 4: 1.1 (b) Occupations, capacities and duties of employees

SD 4: 1.1 (c) Occupations, capacities and duties of employees

SD 4: 1.1 (d) Other occupations, capacities and duties