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

Notices

Building Industry Bargaining Council (Cape of Good Hope)

Re-enactment and Amendment of Main Collective Agreement

7. Registration of Employees

 

 

(1) All persons employed in the Building Industry shall be registered with the Council and each employee and the employer of such employee shall be jointly responsible for the registration of the employee, including apprentices and learners, with the Council within 20 working days of commencement of employment.

 

(2) The Council shall issue to each registered employee a Bargaining Council identity card and the employee shall be required to retain that card at all times whilst engaged in work in the Building Industry.

 

(3) The Council shall bear the initial costs of the Bargaining Council identity card, but the employee shall be liable for the costs of the replacement of any identity card.

 

(4) Learnership: A registered employer or an employers' organisation acting in terms of a group scheme may employ a person as a learner under a contract of learnership in accordance with the Skills Development Act, 1998, and the Council shall register such person as a learner subject to the following temls and conditions:
(a) The person has first been registered as a learner by the Construction Education Training Authority (CETA).
(b) The learner shall be entitled to perform work in a designated trade only once the Council has received from the CETA a valid certificate of registration for the learner in respect such trade.
(c) For purposes of his learnership, the learner shall be entitled to undergo training with his employer or under the auspices of any accredited training institution.
(d) Upon successful completion by the learner of the necessary group of credits in respect of a course of training as provided for in sub clause (5) below, the Council shall re-register the learner in the appropriate tradesman category.
(e) A learner shall be entitled to the payment of wages in accordance with the wage prescribed in terms of clause 9 in respect of the category of tradesman in which he is registered from time to time.

 

(5) Learner/Apprentice:
(a) A learner in a specified category shall be registered as a Trainee in that category in accordance with the following:
(i) In respect of Learner T4, where he has completed less than 55 per cent of the credits of the prescribed course.
(ii) In respect of Learner T3, where he has completed 55 to 74 per cent of the credits of the prescribed course,
(iii) In respect of Learner T2, where he has completed 75 to 99 per cent of the credits of the prescribed course.
(b) Employers and trade unions shall endeavour to ensure that learners complete their training within the specified time.
(c) Any person who has been employed outside the registered scope of the Council as a skilled worker, other than an artisan qualified in terms of sub clause 6(b), shall be required to undergo a prior learning assessment with an accredited training provider in order to determine the unit standards in which he is competent and in respect of which he should be credited and, pursuant thereto, shall be registered as a learner in a particular category, as follows:

 


Proficiency

Class

(i)

Below 55 per cent

Learner T4

(ii)

55-74 per cent

Learner T3

(iii)

75-99 per cent

Learner T2

(iv)

Completed all credits

Artisan

 

(6) Artisan:
(a) An employee shall be registered as an artisan once he has completed and passed the trade test or has completed the number of credits that qualify him to work as an artisan and his employer has requested registration in writing. An artisan shall be entitled to the payment of wages in accordance with the wage prescribed for his category in terms of clause 9.
(b) If at any stage an employer is of the opinion that a registered artisan is not performing his duties to an acceptable level of proficiency, the employer may, at its own cost, require that artisan to undergo a proficiency test, in which case the artisan shall be obliged to undergo such test.

 

(7) In this clause, a credit means a credit as defined from time to time under the regulations made under the South African Qualifications Authority Act, 1995.