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

Notices

Motor Industry Bargaining Council  (MIBCO)

Extension to Non-Parties of the Main Collective Agreement

Division D : Special Provisions relating to Sectors

Clause 5 : Ratio Provisions

 

(1) The following ratio provisions shall apply to Sectors 3, 5 and 7 (Chapters I and IV):
(a) Exemption to the existing ratio provisions as prescribed in Clause 3, Chapter I and Clause 3 of Chapter IV of Division C shall be granted to permit one additional:
Auto-electrician’s Assistant
B/A journeyman
Body shop assistant
Diesel pump assistant
Motor cycle mechanic’s assistant
Repair shop assistant
Scooter worker
Diesel pump room assistant
Operatives Grade A, Grade B and C
Operative engine assembler
(b) Applications for exemption from the ratio provisions shall be issued administratively by the Regional Secretaries of the Council and ratified by the first ensuing Regional Council meeting.
(c) The minimum prescribed wages to apply.
(d) Applications for exemption shall be limited to establishments employing a maximum of three journeymen.
(e) The provisions of this clause shall not be deemed to require/allow an employer to dismiss any employee in his employ at date of coming into operation of this Agreement.

 

(2) The following ratio provisions shall apply to Sector 2 (Chapter V):
(a) Establishments employing 20 or less employees actively engaged in the workshop activities only one journeyman is required to supervise both brake and clutch operations.
(b) In establishments employing more than 20 employees actively engaged in the workshop activities, the employer needs one journeyman for every 15 employees actively engaged in the workshop activities.
(c) The provisions of this clause shall not be deemed to require/allow an employer to dismiss any employee in his employ at date of coming into operation of this Agreement.

 

(3) The following ratio provisions shall apply to Sector 4 (Service and Repair establishments):

 

An employer may engage two of the following employees for every journeyman in his employ:

Auto-electrician’s assistants

B/A journeymen

Body shop assistants

Diesel pump room assistants

Motor cycle mechanic’s assistants

Repair shop assistants

Scooter workers

Diesel pump room assistants

[Note: Applications for exemption from the provisions of this sub-clause shall be directed to the National Council, i.e. not Regional Councils as for other exemptions.]

 

(4)

(a) In addition to the above ratio provisions, an employer may apply for exemption in respect of one additional employee per categories under Clause 5(1)(a) and 5(3).
(b) Applications for exemption as per sub-clause (a) above shall be issued administratively by the Regional Secretaries of the Council and ratified by the first ensuing Regional Council meeting.
(c) The minimum prescribed wages to apply.
(d) Application for exemption shall be supported by proof of—
(i) Accredited skills programme or learnership programmes;
(ii) duration thereof;
(iii) Proof of registration with a relevant SETA.
(e) Subclauses (4)(a) to (4)(d) to be viewed as a transitional arrangement until the conclusion of the job grading and training committee processes.