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

National Bargaining Council for the Road Freight and Logistics Industry (NBCRFLI)

Main Collective Agreement

Part 10 : Provisions applicable to particular categories of employees

63. Seasonal workers (sugar transport sector)

 

 

1) Unless the context indicates otherwise, seasonal workers (sugar transport sector) are bound by this clause and the remainder of this Agreement.

 

2) Seasonal workers (sugar transport sector) must be paid a retainer throughout the off-crop period, equal to-
a) 66,6% of their normal basic wage for the first 15 weeks; and thereafter 40% of their normal basic wage.

 

3) A retainer payable in terms of sub-clause (2) is not payable in any period in which the employee takes annual leave.

 

4) Seasonal workers who have been paid a retainer in terms of this clause-
a) are not required to report for normal duty; but
b) must hold themselves in readiness to report for normal duty on reasonable notice.

 

5) Seasonal workers (sugar transport sector) who are recalled for normal duty during the off-crop period and who fail to report for duty forfeit the retainer prescribed in sub-clause (2) for the period during which they are absent without permission.

 

6) Seasonal workers (sugar transport sector) who are employed in the Sugar Cane Sector, and who perform night work-
a) must be paid the night-shift allowance specified in Schedule 5, for every night-shift worked, except that if two different shifts qualify for a night-shift allowance during a 24-hour period commencing at midnight, only those employees who worked the first shift will receive payment of the night-shift allowance;
b) do not qualify to receive a night-shift allowance if they receive a subsistence allowance.

 

7) Employees must be paid the monthly consolidated allowance, specified in Schedule 5, payable monthly in arrears, offset against any night-shift, accommodation, housing, rations or other allowances of a subsistence nature paid to such employees. Where employment commences or terminates during a month, the consolidated allowance must be paid pro rata for service performed during such month.

 

8) If the total night-shift allowance earned by an employee during a month exceeds the amount of the consolidated allowance, the employee must be paid the consolidated allowance plus the excess amount.