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

Notices

Bargaining Council for the Building Industry

North and West Boland

Extension of Collective Agreement to non-parties

13. Fringe Benefits

 

(1) Every employee who works the full contracted number of normal working hours on a normal working day or who is entitled to be off duty on a public holiday that falls on a normal working day shall be entitled to receive benefits in terms of this Agreement, and shall for the purposes of this Agreement be deemed to be an eligible employee: Provided that an employee who works for an employer on any normal working day, but is prevented from working the full normal working hours owing to circumstances beyond his control, or for any good reason accepted by his employer, shall also be deemed to be an eligible employee in respect of that day: Provided further that an employee who has been laid off in terms of clause 9(9) and (10) shall not be entitled to benefits. An employee who is not present for the first hour of a working day, due to circumstances beyond his control, shall also be deemed to be an eligible employee.

 

(2) An employer shall purchase fringe benefits in the specified Ion-n from the Council for the purposes of making contributions specified in this Agreement in respect of eligible employees.

 

(3) The Council shall keep a record in respect of these fringe benefits as purchased by the employer in respect of each employee in its employ. The employer shall indicate the purchase of such fringe benefits on the employee's wage envelope.

 

(4) The Council may in its discretion issue separate fringe benefits in respect of each of the fund provided for in this Agreement, and may combine any such fringe benefits.

 

(5) It is also provided that if an employer and the employees contract to work a compressed week, for example, to work all hours for a week in four days, the employee is eligible for benefits for 5 days.

 

(6) Employers who pay more than the prescribed wages will be obligated to purchase the fringe benefit that is applicable to those wages.

 

(7) If an employee fails to qualify for sick leave benefits because an employer has neglected or failed to pay contributions owing to him, such an employer shall be liable to pay an amount of money equal to that would have been payable to the employee as prescribed in the Basic Conditions of Employment Act (Act No. 75 of 1997) section 22(5)(a) and (b).