| 4.1 |
An employer shall pay his employees for ordinary hours worked at the following rates per hour (or part thereof), calculated on a pro rata basis for all employees: |
| (a) |
the province of Kwa-Zulu Natal |
| (i) |
With effect from the period of operation - R23.20 per hour; |
| (ii) |
With effect from 1st March 2021 - R24.36 per hour; |
| (iii) |
With effect from 1st March 2022 - R25.58 per hour |
| 4.2 |
A casual employee who is required to perform the same class of work as that performed by an employee, shall be paid by the employer at the rate applicable to ordinary hours worked by employees, as laid down above. |
| 4.3 |
In addition to the ordinary wage, an employer shall pay a night work allowance to any employee required or permitted to do night work, and such allowance shall be calculated in respect of each night hour (or part thereof) so worked, at a rate of 10% of said employee's hourly wage. |
| 4.4 |
An employer shall give the first option of work on any contract to any employees in his/her employ in order to enable such employees to increase their hours of work up to the maximum prescribed. Provided the application of this clause will under no circumstances create an expectation of continued employment. |
Any dispute relating to this sub-clause shall be referred to conciliation and if unresolved to arbitration in accordance with the Council Constitution, or if applicable, the Labour Relations Act, 1995.
| 4.5 |
"An annual incentive bonus" will be paid, to all cleaners in employment on the 1st December, in the month of December each year. The bonus will be as follows: |
| (a) |
An amount equivalent to 4.33 (four point three three) times the employee's weekly wage; |
| (b) |
The annual incentive bonus will be pro rata calculated on the number of full calendar months service divided by 12 and multiplied by 4.33 (four point three three) times his weekly wage. |
| (c) |
Definition of Full Calendar Month of Service: |
| (i) |
Current Employees who are currently in the service of employers and who do not ordinarily work on a Saturday, Sunday or Public Holiday will not attract a pro-rata penalty, for purposes of bonus calculations, where the first day of the month falls on a Saturday, Sunday or public holiday. |
| (ii) |
New Employees who are engaged after the 1st day of the month will attract a pro-rata penalty when Annual Incentive Bonuses are calculated. |
| (c) |
The weekly wage as set out in clauses (a) and (b) are to be read and calculated as per the formula set out in clause (d) of this section. |
| (d) |
The Calculation of Annual Incentive Bonus on Old/New Rate during full Calendar Year of that Annual Incentive Bonus shall be calculated on the prevailing rate of pay for each employee for each month worked during that Calendar Year. |
| (e) |
Incentive Bonus Penalty due to Absence from Work |
| (i) |
Any statutory absence from work in terms of the Basic Conditions of Employment Act 75 of 1997 as amended, in particular section 20 Annual leave, section 22 Sick leave, section 25 Maternity leave and section 27 Family Responsibility leave, the Main Agreement and Lay-offs due to an Injury on Duty, will not attract a pro-rata penalty when calculating the Annual Incentive Bonus. |
| (ii) |
All other absence from work, whether authorized or unauthorized, will attract a penalty when Annual Incentive Bonuses are calculated. |
| (f) |
Casual employees do not qualify for the Annual Incentive Bonus |
| (g) |
Clause 4.5 (c)(ii); 4.5 (d); and 4.5 (f) above, are subject to the employer's right to exercise his/her discretion to regard these clauses as minimums. |
4.6
| (a) |
An employer shall not employ any cleaner to work for less than 6 (six) hours per day, if an employee works for less than 6 ( six) hours then that employee shall be paid for 6 (six) hours. |
[Clause 4 substituted by Notice No. R. 1181, GG43873, dated 6 November 2020]
Housing Development Agency Act, 2008
