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

Notices

Bargaining Council for the Contract Cleaning Services Industry

Kwa-Zulu Natal

Extension to non-parties of the Main Collective Amending Agreement

3. Definitions

 

"Act"

means the Labour Relations Act, 1995 (Act No.66 of 1995) and as amended from time to time.

 

"Cleaner"

means a person who is required to spend more than 50% of his/her time to perform any of the following: to clean or wash, by hand or machine, furniture, windows, carpets, doors, floors, ceilings, roofs, baths, showers, toilets, kitchens, tools, machinery, at the premises of a client, including but not limited to state, industrial, commercial, business premises, residential premises, hotels, markets, hospitals and flats, buildings and includes the maintenance of the gardens and grounds or roads or highways and the interior or exterior part of any air-planes, trucks, cars, buses, trains, ships, boats or any other vehicle requiring to be so cleaned or valet and/or to perform any work incidental thereto, which includes learnerships, but specifically excludes domestic worker.

 

"Casual Employee"

means a person employed by the same employer on not more than three days per week.

 

"Domestic worker"

means an employee who is employed by an individual, a temporary employment service or any other employer to undertake the domestic work of up to six private residences per week. The work carried on by the Domestic worker would be that of cleaning, washing, ironing, child minding and the preparation of food and the cleaning up thereafter at a private residence. For the purposes of this definition a private residence would be defined as a residence where one family unit resides. This would exclude the common areas of any residential premises, hotels, commercial properties, flat buildings or residential developments.

 

"Council"

means the Bargaining Council for the Contract Cleaning Services Industry (Kwa-Zulu Natal), as registered in terms of Section 27 of the Act.

 

"day"

means any period of 24 hours, calculated from the time an employee commences work.

 

"emergency work"

means any work which is required to be done without delay, due to unforeseen circumstances such as fires, storms, accidents, acts of violence, epidemic, sabotage, industrial unrest, theft and/or breakdown or threatened break-down of buildings.

 

"establishment"

means any premises or section of premises in which are employed one or more employees of the class defined in Clause 1 hereof.

 

"law"

includes the Common Law.

 

"military service"

means any period of military service or training required in terms of the Defence Act, 1957.

 

"monthly wage"

shall mean the hours normally worked in a week multiplied by the rate applicable as stipulated in clause 4 and multiplied by 4.33.

 

"night work"

means any period of work (other than overtime work) which falls between the hours of 18 :00 and 06:00.

 

"overtime"

means a period worked by an employee, on any day of any week, which is in excess of the maximum normal working hours per week laid down in Clause 7 hereof.

 

"piece-work"

means any system under which an employee's remuneration is based on the quantity of work done by him.

 

"probationary period"

means a maximum period of 4 (four) months in which time an employee will be considered a temporary employee.

 

"public holiday"

means any day laid down as such in the Public Holidays Act, 1994.

 

"shift worker"

means an employee engaged in performing an activity in shifts, at an establishment where two or three consecutive shifts are worked per day on not more than six days in any week.

 

"Temporary Employee for the purpose of the Provident Fund and The Family Medical Crisis Plan"

shall mean:

(a) An employee who has been contracted to fill the position of an employee on sick, maternity, general absenteeism or annual leave; or
(b) An employee who has been contracted to work on a specific site where the contract with the employer's client is for a period of no more than 6 (six) months.

 

"wage"

means the amount of money payable by an employer to his/her employee, in terms of any agreement in the Council in respect of ordinary hours worked by him, as laid down in Clause 4 hereof; provided that "ordinary wage" and "weekly wage" shall have equal meaning if an employer regularly pays an Employee for ordinary hours worked, at a rate higher than that laid down in any Agreement for such type of work; and

 

"week"

means the seven-day period usually considered to be the working week of the Employee concerned.