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

Notices

Motor Industry Bargaining Council  (MIBCO)

Main Collective Agreement

Division B

Clause 1 : Scope of Application

 

 

(1) Subject to the provisions of subclause (2) below, the provisions of this Division shall be binding on all establishments registered in terms of this Agreement, and on all employees for whom wages are prescribed in Clause 3 of this Division.

 

(2)

(a) Notwithstanding the provisions of subclause (1) the provisions of the Agreement as set out in the Schedule to this subclause shall apply only to office, stores, sales and clerical employees for as long as their weekly or monthly remuneration, excluding commission on sales, exceeds the rate of—

 

in Area A

from 7 February 2011 to 31 August 2011 – R126 912 per annum

for the period 1 September 2011 to 31 August 2012 – R 138 324 per annum

for the period 1 September 2012 to 31 August 2013 – R149 736 per annum

 

in Other Areas

from 7 February 2011 to 31 August 2011 – R108 884 per annum

for the period 1 September 2011 to 31 August 2012 – R119 568 per annum

for the period 1 September 2012 to 31 August 2013 – R130 252 per annum

 

SCHEDULE

ADMINISTRATIVE AGREEMENT

Clause 5

-

Deductions from Earnings

Clause 13

-

Employees' Representatives on the Council

Clause 14

-

Prohibition of Cession of Benefits

 

MAIN AGREEMENT - DIVISION A

Clause 2

-

Definitions

Clause 4

-

Outwork

Clause 5

-

Piece Work and Commission Work

Clause 8

-

Travelling Allowances

Clause 11

-

Sick Leave

Clause 15

-

Desertion

Clause 16

-

Damage to Vehicles and/or loss of Property and/or Assets

Clause 17

-

Public Holidays

Clause 31

-

Maternity Leave

Clause 33

-

Payment of Earnings

Clause 35

-

Certificate of Service

 

MAIN AGREEMENT - DIVISION B

Clause 1

-

Scope of Application

Clause 2

-

Definitions

Clause 8

-

Annual Leave

Clause 10

-

Termination of Service

Clause 12

-

Retrenchment Pay

 

(b) Notwithstanding the provisions of subclause (2)(a) of this clause or any other provisions to the contrary, employees earning in excess of -g in excess of—

 

in Area A

from 7 February 2011 to 31 August 2011 – R126 912 per annum

for the period 1 September 2011 to 31 August 2012 – R 138 324 per annum

for the period 1 September 2012 to 31 August 2013 – R149 736 per annum

 

in Other Areas

from 7 February 2011 to 31 August 2011 – R108 884 per annum

for the period 1 September 2011 to 31 August 2012 – R119 568 per annum

for the period 1 September 2012 to 31 August 2013 – R130 252 per annum

 

excluding commission on sales, shall not be required to work overtime other than on a voluntary basis, free from any form of coercion, intimidation or victimisation.

 

(3) Notwithstanding the provisions of subclause (2) of this clause, the provisions of clause 11 of the Administrative Agreement shall apply to employees who are members of the MISA or the National Union of Metalworkers of South Africa, regardless of their earnings.

 

(4)        

(a) Notwithstanding the provisions of subclause (1) of this clause, the provisions of Division A on hours of work shall apply to all motor vehicle salespersons or supply salespersons, and the provisions of Division A on overtime and Sunday work shall not apply to any motor vehicle salesperson or supply salesperson, regardless of earnings.
(b) The provisions of clause 6.1 of Division A shall be applicable to all employees excluding commission on sales receiving up to—

 

In Areas A

from 7 February 2011 to 31 August 2011 – R10 576 per month (R2 440,62 per week)

from 1 September 2011 to 31 August 2012 – 11 527 per month (R2 660,08 per week)

from 1 September 2012 to 31 August 2013 – R12 478 per month (R2 879,54 per week)

 

in other areas –

from 7 February 2011 to 31 August 2011 – R9 073,67 per month (R2 093,92 per week)

from 1 September 2011 to 31 August 2012 – R9 964,00 per month (R2 299,38 per week)

from 1 September 2012 to 21 August 2013 – R10 854,33 per month (R2 504,85 per week)

 

(5) If any provision in Division A is in conflict with any provision of this Division, the provision in the latter Division shall prevail.

 

NOTE: Division B employees employed at Chapter III establishments who earn less than R115 500 per annum will be eligible for annual increases as stipulated in Division C Chapter III Clause 4. The threshold of R115 500 to remain for the duration of the Agreement ending 31 August 2013.