Protection of Businesses Act, 1978
R 385
Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Building Industry, Cape of Good HopeRe-enactment and Amendment of Main Collective Agreement15. Sick Pay Fund |
| (1) | The Sick Pay Fund for the Building Industry ("the Fund") is hereby continued and shall continue to be administered by the Council for the purposes of recompensing employees during periods of absence from work due to incapacity, and paying gratuities to employees in the event of permanent disability, in accordance with the rules of the Fund. |
| (2) | The fund shall be administered by the Council in accordance with the rules which it may make from time to time for this purpose ("the Rules"), and all moneys of the Fund shall be administered, invested and paid out in accordance with the Rules. Copies of the Rules shall be available for inspection at the offices of the Council. |
| (3) | Every employer shall contribute to the Fund in respect of each normal working day that an eligible employee works , an amount which shall be calculated as follows: |
For the period 1 November 2013 to 31 October 2014
|
Category of employee |
Amount per day |
Amount per day |
Amount per day |
Amount per day |
|
|
Area A |
Area B |
Area C |
Area D |
||
|
R |
R |
R |
R |
||
|
(i) |
Labourer L1 |
1.68 |
1.59 |
1.46 |
1.36 |
|
(ii) |
Labourer L2 |
1.99 |
1.89 |
1.73 |
1.62 |
|
(iii) |
General Worker |
2.60 |
2.46 |
2.26 |
1.89 |
|
(iv) |
Learner T4, manufacturing worker, waterproofing worker and scaffolder |
2.78 |
2.68 |
2.49 |
2.35 |
|
(v) |
Learner T3 and clerical worker, joinery assembler |
3.06 |
3.00 |
2.82 |
2.69 |
|
(vi) |
Learner T2, machine operator, glazier, assistant floor layer, carpet fitter and block layer |
4.17 |
4.01 |
3.71 |
3.51 |
|
(vii) |
Drivers/Plant operators of motor vehicles that require a code C1 licence including crane drivers |
3.66 |
3.36 |
3.04 |
2.78 |
|
(viii) |
Drivers/Plant operators of all other vehicles that require a code A, A1 or B licence |
2.75 |
2.53 |
2.27 |
2.08 |
|
(ix) |
Artisan (including a roofer, carpet layer, floor layer, ceiling and/or partition erector, leading hand and junior foreman) |
7.83 |
7.51 |
6.95 |
6.55 |
|
(x) |
Security Guard |
2.94 |
2.69 |
2.41 |
2.20 |
For the period 1 November 2014 to 31 October 2015
|
Category of employee |
Amount per day |
Amount per day |
Amount per day |
Amount per day |
|
|
Area A |
Area B |
Area C |
Area D |
||
|
R |
R |
R |
R |
||
|
(i) |
Labourer L1 |
1.81 |
1.77 |
1.66 |
1.57 |
|
(ii) |
Labourer L2 |
2.14 |
2.10 |
1.96 |
1.86 |
|
(iii) |
General Worker |
2.79 |
2.73 |
2.55 |
2.24 |
|
(iv) |
Learner T4, manufacturing worker, waterproofing worker and scaffolder |
2.98 |
2.94 |
2.79 |
2.67 |
|
(v) |
Learner T3 and clerical worker, joinery assembler |
3.29 |
3.27 |
3.13 |
3.03 |
|
(vi) |
Learner T2, machine operator, glazier, assistant floor layer, carpet fitter and block layer |
4.49 |
4.42 |
4.18 |
4.00 |
|
(vii) |
Drivers/Plant operators of motor vehicles that require a code C1 licence including crane drivers |
3.93 |
3.80 |
3.48 |
3.27 |
|
(viii) |
Drivers/Plant operators of all other vehicles that require a code A, A1 or B licence |
2.96 |
2.86 |
2.61 |
2.44 |
|
(ix) |
Artisan (including a roofer, carpet layer, floor layer, ceiling and/or partition erector, leading hand and junior foreman) |
8.41 |
8.28 |
7.81 |
7.47 |
|
(x) |
Security Guard |
3.16 |
3.04 |
2.77 |
2.59 |
For the period 1 November 2015 to 31 October 2016
|
Category of employee |
Amount per day |
Amount per day |
Amount per day |
Amount per day |
|
|
Area A |
Area B |
Area C |
Area D |
||
|
R |
R |
R |
R |
||
|
(i) |
Labourer L1 |
1.95 |
1.95 |
1.85 |
1.78 |
|
(ii) |
Labourer L2 |
2.31 |
2.31 |
2.19 |
2.11 |
|
(iii) |
General Worker |
3.00 |
3.00 |
2.85 |
2.60 |
|
(iv) |
Learner T4, manufacturing worker, waterproofing worker and scaffolder |
3.21 |
3.21 |
3.09 |
3.00 |
|
(v) |
Learner T3 and clerical worker, joinery assembler |
3.54 |
3.54 |
3.45 |
3.37 |
|
(vi) |
Learner T2, machine operator, glazier, assistant floor layer, carpet fitter and block layer |
4.82 |
4.82 |
4.63 |
4.49 |
|
(vii) |
Drivers/Plant operators of motor vehicles that require a code C1 licence including crane drivers |
4.23 |
4.23 |
3.93 |
3.74 |
|
(viii) |
Drivers/Plant operators of all other vehicles that require a code A, A1 or B licence |
3.18 |
3.18 |
2.94 |
2.80 |
|
(ix) |
Artisan (including a roofer, carpet layer, floor layer, ceiling and/or partition erector, leading hand and junior foreman) |
9.05 |
9.05 |
8.66 |
8.39 |
|
(x) |
Security Guard |
3.40 |
3.40 |
3.13 |
2.98 |
| (4) | An employee shall receive payment in the amount set out in the table below in respect of each working day, including public holidays, that he is absent owing to illness or injury in a cycle of 365 calendar days: |
|
Normal working days absent |
Class of employee |
% of minimum basic wage prescribed in clause 9(1) |
|
1st - 10th |
All employees |
75% |
|
11th-130th |
All employees |
33% |
| (5) | Subject to the Rules of the Fund, an employee shall not be entitled to sick pay— |
| (a) | until 130 consecutive days" contributions have been made to the Fund in respect of such employee: Provided that contributions interrupted by a period of unemployment or a change of employer shall be deemed to be consecutive; |
| (b) | for more than 130 days in any 365-day cycle, calculated from the first day in respect of which the employee is entitled to sick pay; |
| (c) | if he is absent from work owing to an accident compensatable under the Compensation for Occupational Injuries and Diseases Act, 1993; |
| (d) | if his absence from work is related to the use of alcohol or illegal drugs, or he is incapacitated through sickness owing to his own negligence or misconduct; |
| (e) | if he fails to observe the instructions of a medical practitioner, or has in the opinion of that practitioner aggravated his condition or retarded his recovery through his own actions; |
| (f) | if he suffers from an injury for which a third party is liable to pay or does pay compensation to him; |
| (g) | while he undergoes treatment prescribed by any person other than a registered medical practitioner; |
| (h) | if he fails to provide the Council with any relevant information which it may require; |
| (i) | if he is found by the Council to be fit to resume his employment or to be permanently disabled, in which event he shall cease to be entitled to sick pay from a date fixed by the Fund for this purpose; and |
| (j) | at any time when the amount to the credit of the Fund drops below R100 000,00 and until such time as the amount to the credit of the Fund exceeds R500 000,00. |
| (6) | The Fund shall be entitled to recover any amount paid to an employee— |
| (a) | in consequence of false information furnished to the Fund or on behalf of such employee; and |
| (b) | if the employee fai!s to notify the Fund timeously of any change in his circumstances which could lead to the amount of the benefits being reviewed or withdrawn, in which event the Fund may claim from the employee any money overpaid to him. |
| (7) | In the case of any employee taking maternity leave, the Fund shall pay that employee 33% of her current wages for a maximum period of 120 days. |
| (8) | The Fund shall continue to pay employer contributions to the Holiday Fund and the Building Industry Medical Aid Fund on behalf of an employee during a period of one or more consecutive days in any pay week that the employee receives sick pay in terms of this clause. |
| (9) | In the event of the expiration of this Agreement, the dissolution or winding up of the Council or a cessation of its operations, the provisions of clause 13(7), (8) and (9) relating to the Holiday Fund shall apply equally to this Fund. |
