| (1) |
Ordinary hours of work |
| (a) |
No employee shall ordinarily be required to work more than the following hours: |
|
Category
|
Daily hours
|
Weekly hours
|
|
Guards
|
12 hours
|
45 hours
|
|
Drivers
|
10 hours
|
45 hours
|
|
All other employees
|
9 hours
|
45 hours
|
| (b) |
With the exclusion of guards, ordinary hours shall be between 07:00 and 19:00 daily, Monday to Friday. Guards shall be required to work no mare than six (6) consecutive days in any week. |
| (c) |
Paid working time: The daily paid working time of an employee shall commence when the employee starts working at his actual place of work or job site, and shall end when the employee stops working at his actual place of work or job site, and shall exclude all travelling time to and from the actual place of work or job site: Provided that if the employee, on the instructions of the employer, has to move to another place of work or job site after his daily paid working time has already commenced, such travelling time shall be deemed to be time worked by the employee. |
An employee, that assist a vehicle driver and accompany him during a trip, on instruction of the employer, must be paid in full for the same hours worked as worked by the vehicle driver. This clause is only appropriate if the trip is more than one and a half hour in the morning before normal work hours and/if more than one an a half hour in the evening after normal working hours.
| (d) |
As provided in this clause, no employer shall require or permit an employee to work, and no working employer or his partner shall perform any duties of the employees for whom wages are prescribed in this Agreement and no employee whilst in the employ of an employer shall, for remuneration or not solicit, undertake or perform building work normally undertaken by the Building Industry on a Saturday or on a Sunday without permission of the council. |
| (a) |
Every employee shall be entitled to daily meal and/or rest intervals totalling no more than sixty (60) minutes, which shall not form part of ordinary working hours, and shall be at such times as agreed with his employer. |
| (b) |
No employer shall require an employee to work more than five (5) continuous hours without an interval |
An employer may require his employees to work in shifts, provided that no employee shall be required to work more than one 8-hour or 12-hour shift during any period of 24 hours.
| (a) |
All time worked in excess of the number of ordinary hours of work on any day shall be overtime, or as the agreed working hours determine by a contract of service. |
Overtime shall be dealt with according to the Basic Condition of Employment Act of 75 of 1997 as prescribed in Article 10 of the Act
| (b) |
An employer may request, which request shall not be unreasonably rejected, an employee to work overtime not exceeding four (4) hours per day, Monday to Friday, and not exceeding eight (8) hours on Saturdays or Sundays: |
| (c) |
An employee who is engaged in a continuous process of work shall be obliged to work until that process is completed, and shall be paid at overtime rates, as specified in this Agreement. |
| (d) |
For the period December 2020 employees may work on Saturdays at normal hourly wages plus fringe benefits due to work losses caused by the Covid-19 pandemic, and on Sundays at double their hourly wages without benefits until 31 December 2020. |
[Clause 9(4)(d) inserted by section 2(2.1) of Notice No. R. 1397, GG44029, dated 24 December 2020]
The public holidays proclaimed in terms of the Public Holidays Act, 1994, shall be recognized as paid public holidays. Employees who work on public holidays shall be entitled to the wage specified by clause 10(4), except that the public holidays falling within the annual leave period specified in clause 9(6) of this Agreement shall be included in the fringe benefits.
Public holidays are exchangeable.
| (a) |
The closing period of the building industry starts at 17:00 and will re-open at 08:00 on the following periods: |
|
PERIOD
|
CLOSING DATE
|
RE-OPENING DATE
|
|
From the date of commencement of this Agreement to 31 October 2024
|
15 December 2023
|
11 January 2024
|
|
For the period 1 November 2024 to 31 October 2025
|
13 December 2024
|
10 January 2025
|
|
For the period 1 November 2025 to 31 October 2026
|
12 December 2025
|
09 January 2026
|
|
For the period 1 November 2026 to 31 October 2027
|
15 December 2026
|
11 January 2027
|
|
For the period 1 November 2027 to 31 October 2028
|
15 December 2027
|
11 January 2028
|
[Clause 9(6)(a) substituted by section 3(3.2) of Notice No. R. 4190, GG49862, dated 14 December 2023]
| (b) |
If building work is required, employers will be allowed to make prior arrangements with the Council in order to work, during the official period of leave. If there are employees working during this period, employees will be paid at normal pay rates, except Saturdays and Sundays who will be paid as prescribed by the Basic Conditions of Employment Act of 1997. No building work will be allowed between 16:00 on the 24th December until 08:00 on 8th January. |
[Clause 9(6)(b) substituted by section 3(3.2) of Notice No. R. 4190, GG49862, dated 14 December 2023]
| (c) |
Guards and other employees who had to work during the above period shall be granted leave by agreement with their employers equal to the period worked during the annual shut-down. |
An employee shall be entitled to sick leave in accordance with the provisions of the Sick Leave Fund for the Building Industry and clause 16 of this Agreement, and to payment for the period of such sick leave in terms thereof.
| (8) |
Termination of contract of employment |
| (a) |
An employer or employee who intends terminating a contract of employment shall— |
| (i) |
During the employee's first 24 hours in the employment of the employer, be entitled to terminate such contract without any notice period; |
| (ii) |
if the employee has worked for the employer for four weeks or less, give the other party five working days' notice of termination of such contract; |
| (iii) |
if the employee has worked for the employer for longer than four weeks, give the other party two weeks notice of termination of such contract. |
| (b) |
If any written contract of employment provides for a period of notice of equal duration for both parties which is longer than that prescribed in this clause, notice shall, in accordance with such contract, be given over such longer period: Provided that no agreement may require or permit an employee to give a period of notice longer than that required of the employer. |
| (c) |
Notice of termination of a contract of employment must be given in writing, except when it is given by an illiterate employee. |
| (d) |
If an employee who receives notice of termination is not able to understand the notice, it must be explained orally by, or on behalf of, the employer to the employee in an official language the employee reasonably understands. |
| (e) |
Notice of termination of a contract of employment given by an employer may— |
| (i) |
not be given during any period of leave to which the employee is entitled in terms of this Collective Agreement, and |
| (ii) |
not run concurrently with any period of leave to which the employee is entitled in terms of this Collective Agreement, except sick leave. |
| (f) |
Notice in terms of subclause (8)(a)(ii) and (iii) may be given on any working day before 12 noon, and shall commence as from 08:00 on the following working day,. |
| (g) |
Notwithstanding the provisions of this clause, either party shall be entitled to terminate the contract of employment without notice by making payment in lieu of the requisite notice. |
| (h) |
In the event of an employee's absconding, or not making the appropriate payment in lieu of notice, and where the employer has proven such, the employer shall be entitled to deduct the appropriate notice pay from any moneys due in terms of the Holiday Fund. |
| (i) |
Nothing in this clause shall affect the right of an employer or employee to terminate a contract of employment without notice for any reason recognized by law as sufficient. |
| (j) |
A contract of employment shall be automatically terminated if an employee is absent from work without the employer's consent for a continuous period of five calendar days, unless such absence is due to circumstances beyond his control. |
| (k) |
Nothing in this clause affects the right of a dismissed employee to dispute the lawfulness or fairness of the dismissal in terms of Chapter VIII of the Labour Relations Act, 1995, or any other law. |
| (9) |
Lay-off and suspension |
| (a) |
An employer shall be entitled to lay off an employee temporarily— |
| (i) |
on account of inclement weather; |
| (ii) |
on account of a shortage of materials, due to circumstances beyond the control of the employer; and |
| (iii) |
on account of a temporary shortage of work: Provided that one day's notice is given, and that such notice includes the reason for the lay-off, and the period of the lay-off where possible: Provided further that the employer shall not be liable to pay the employee any remuneration during such lay-off. |
| (b) |
An employee may be layed off for a continuous period not exceeding 20 working days: Provided that at the end of such period the employee is given the option of being retrenched according to the procedure outlined in clause 9(10), or being layed off for a further continuous period of 20 working days, whereupon the option is repeated. The laying off of an employee for a continuous period of 20 working days shall be limited to a cycle of two lay-offs per annum. |
| (c) |
No employer shall unilaterally suspend an employee from work for any period as a disciplinary measure without giving the employee a fair hearing. |
| (d) |
Any notice of a laying off given in terms of this clause shall be given by the employer in writing and shall clearly indicate the initial period of the lay-off, and when the employees should again report to the employer for further instructions/negotiations, and shall also clearly specify that after the first initial period of the specific lay-off the employee shall have the option of being retrenched or layed off further specified period. |
| (a) |
An employer who proposes retrenchment shall, by no later than ten (10) working days before the proposed date of notice of the termination of any employee's services, provide any of the trade union parties of which prospective retrenches may, to his knowledge, be members, with the following information in writing: |
| (i) |
The number of employees who may be retrenched, together with their names, duration of service, Council Holiday Fund numbers, and job categories; |
| (ii) |
the proposed date of implementation of retrenchment; |
| (iii) |
the reasons for the proposed retrenchment, including all alternatives which the employer has considered and the reasons for their rejection; |
| (iv) |
the proposed date for consultations with the trade union(s) and/or employee(s) likely to be affected; |
| (v) |
the proposed severance pay; |
| (vi) |
the employers proposals for assistance to retrenchee, including the possibility of re--employment, |
| (b) |
In the event that an employee likely to be affected by the proposed retrenchment is not a union member, the information referred to in subclause (10) (a) above shall be forwarded directly to that employee. |
| (c) |
The trade union(s) and/or the employee(s) shall provide the employer with a written response to its retrenchment proposals no later than three (3) working days before the proposed date of consultation, which shall include all its proposals in respect of the retrenchment. |
| (d) |
The employer shall attempt to reach consensus with the trade union(s) and/or employee(s) on the retrenchment proposals through consultation: Provided that should consensus not be reached before the expiry of the ten (10) day period referred to in subclause (10)(a) above, the employer shall be entitled to implement its retrenchment proposals. |
| (e) |
The employer shall be entitle to implement its retrenchment proposals at any stage if the trade union(s) and/or employee(s) do(es) not provide written responses or refuse(s) and/or fail(s) to consult with the employer in accordance with this clause. |
| (f) |
An employee who is retrenched in terms of this clause shall be entitled to a severance payment as provided for in terms of Section 41 of the Basic Conditions of Employment Act, 75 of 1997 [one week of that employee's current remuneration (basic wage plus the employer's contributions to the employee's benefit fund provided for in this Agreement) per completed year of continuous service with his employer.) |
An employee is entitled to maternity leave as prescribed by the Basic Conditions Employment Act of 1997.
| (a) |
An employee is entitled to at least four consecutive months maternity leave, |
| (b) |
An employee may commence maternity leave— |
| (i) |
at any time from four weeks before the expected date of birth, unless otherwise agreed; or |
| (ii) |
on a date from which a medical practitioner or a midwife certifies that it is necessary for the employee's health or that of her unborn child. |
| (c) |
No employee may work for six weeks after the birth of her child, unless a medical practitioner or midwife certifies that she is fit to do so. |
| (d) |
An employee who has a miscarriage during the third trimester of pregnancy or bears a stillborn child, is entitled to maternity leave for six weeks after the miscarriage or stillbirth whether or not the employee had commenced maternity leave at the time of the miscarriage or stillbirth. |
| (e) |
An employee must notify an employer in writing, unless the employee is unable to do so, of the date on which the employee intends to— |
| (i) |
commence maternity leave; and |
| (ii) |
return to work after maternity leave, |
| (f) |
Notification in terms of paragraph (e) must be given— |
| (i) |
at least four weeks before the employee intends to commence maternity leave; or |
| (ii) |
if it is not reasonably practicable to do so, as soon as reasonably practicable. |
| (g) |
The payment of maternity benefits will be determined by the Minister subject to the provisions of the Unemployment Insurance Act, 1966 (Act No. 30 of 1966). |
| (h) |
No benefits will be paid by the Council Sick Fund in respect of maternity leave, |
| (12) |
Family responsibility leave |
An employee is entitled to family responsibility leave as prescribed by the Basic Conditions of Employment Act of 1997.
| (a) |
This subclause applies to an employee— |
| (i) |
who has been in employment with an employer for longer than four months; and |
| (ii) |
who works for at least four days a week for that employer. |
| (b) |
An employer must grant an employee, during each annual leave cycle, at the request of the employee, three days paid leave, which the employee is entitled to take— |
| (i) |
when the employee's child is born; |
| (ii) |
when the employee's child is sick; or |
| (iii) |
in the event of the death of— |
| (a) |
the employee's spouse of life partner; or |
| (b) |
the employee's parent, adoptive parent, grandparent, child, adopted child, grandchild or sibling. |
| (c) |
Subject to paragraph (e) the Council Sick Fund must pay an employee for a day's family responsibility leave— |
| (i) |
the wage the employee would ordinarily have received for work on that day; and |
| (ii) |
on the employee's usual pay day. |
| (d) |
An employee may take family responsibility leave in respect of the whole or a part of the day. |
| (e) |
Before paying an employee for leave in terms of this subclause, an employer may require reasonable proof of an event contemplated in paragraph (b) for which the leave was required. |
| (f) |
An employee's unused entitlement to leave in terms of this section lapses at the end of the annual leave cycle in which it accrues. |
| (g) |
Notwithstanding subsection (b) employees will be entitled to an additional 7 days family responsibility leave, without payment, with the necessary evidence, subject to subjection (e) provided that no disciplinary action against employees will be taken. |
| (13) |
Compressed working week |
Employers may introduce the compressed working week concept subject to the provisions of the Basic Conditions of Employment Act, 1997, and subject to having obtained the written approval of the Council.
| (14) |
Averaging of working hours |
Employers may introduce the averaging of working hours concept subject to the provisions of the Basic Conditions of Employment Act, 1997, and subject to having obtained the written approval of the Council.
| (15) |
Reducing of working hours |
If it becomes impossible to work the normal working hours per week, due to work shortages in the Industry, employees will be expected to work shorter hours.
Employees shall be paid 50% of their normal wages during training, with full benefits payable, Should an employee be absent during the training period, benefits will only be paid for the total number of days he or she has attended the classes.
| (1) |
An employee, who is a parent of a child, is entitled to at least ten consecutive days parental leave. |
| (2) |
An employee may commence parental leave on— |
| (a) |
the day that employee's child is born; or |
| (i) |
that the adoption order is granted; or |
| (ii) |
that a child is placed in the care of a prospective adoptive parent by a competent court, pending the finalisation of an adoption order in respect of that child, |
whichever date occurs first.
| (3) |
An employee must notify an employer in writing, unless the employee is unable to do so, of the date on which the employee intends to— |
| (a) |
commence parental leave; and |
| (b) |
return to work after parental leave. |
| (4) |
Notification in terms of subsection (3) must be given— |
| (a) |
at least one month before the— |
| (i) |
employee's child is expected to be born; or |
| (ii) |
date referred to in subsection 2(b); or |
| (b) |
if it is not reasonably practicable to do so,as soon as is reasonably practicable. |
| (5) |
The payment of parental benefits will be determined by the Minister,subject to the provisions of the Unemployment Insurance Act, 2001 (Act 63 of 2001). |
[Clause 9(17) inserted by section 2(2.3) of Notice No. R. 1397, GG44029, dated 24 December 2020]
| (1) |
An employee, who is an adoptive parent of a child who is below the age of two, is subject to subsection (6), entitled to— |
| (a) |
adoption leave of at least ten weeks consecutively; or |
| (b) |
the parental leave referred to in subclause 17. |
| (2) |
An employee may commence adoption leave on the date— |
| (a) |
that the adoption order is granted; or |
| (b) |
that a child is placed in the care of a prospective adoptive parent by a competent court, pending the finalisation of an adoption order in respect of that child, |
whichever date occurs first.
| (3) |
An employee must notify an employer in writing, unless the employee is unable to do so, of the date on which the employee intends to— |
| (a) |
commence adoption leave; and |
| (b) |
return to work after adoption leave. |
| (4) |
Notification in terms of subsection (3) must be given— |
| (a) |
at least one month before the date referred to in subsection (2); or |
| (b) |
if it is not reasonably practicable to do so. as soon as is reasonably practicable. |
| (5) |
The payment of adoption benefits will be determined by the Minister, subject to the provisions of the Unemployment Insurance Act, 2001 (Act 63 of 2001). |
| (6) |
If an adoption order is made in respect of two adoptive parents, one of the adoptive parents may apply for adoption leave and the other adoptive parent may apply for the parental leave referred to in subclause 17: Provided that the selection of choice must be exercised at the option of the two adoptive parents. |
| (7) |
If a competent court orders that a child is placed in the care of two prospective adoptive parents, pending the finalisation of an adoption order in respect of that child, one of the prospective adoptive parents may apply for adoption leave and the other prospective adoptive parent may apply for the parental leave referred to in subclause 17: Provided that the selection of choice must be exercised at the option of the two prospective adoptive parents. |
[Clause 9(18) inserted by section 2(2.3) of Notice No. R. 1397, GG44029, dated 24 December 2020]
| (19) |
Commissioning parental leave |
| (1) |
An employee,who is a commissioning parent in a surrogate motherhood agreement is, subject to subsection (6), entitled to— |
| (a) |
commissioning parental leave of at least ten weeks consecutively; or |
| (b) |
the parental leave referred to in subclause 17. |
| (2) |
An employee may commence commissioning parental leave on the date a child is born as a result of a surrogate motherhood agreement. |
| (3) |
An employee must notify as employer in writing. unless the employee is unable to do so.of the date on which the employee intends to— |
| (a) |
commence commissioning parental leave; and |
| (b) |
return to work after commissioning parental leave. |
| (4) |
Notification in terms of subsection (3) must be given— |
| (a) |
at least one month before a child is expected to be born as a result of a surrogate mother agreement; or |
| (b) |
if it is not reasonably practicable to do so, as soon as reasonably practicable. |
| (5) |
The payment of commissioning parental benefits will be determined by the Minister, subject to the provisions of the Unemployment Insurance Act, 2001 (Act 63 of 2001). |
| (6) |
If a surrogate motherhood agreement has two commissioning parents, one of the commissioning parents may apply for commissioning parental leave and the other commissioning parent may apply for the parental leave referred to in subsection 17: Provided that the selection of choice must be exercised at the option of the two commissioning parents. |
| (7) |
In this section, unless the context otherwise indicates— |
"commissioning parent" has the meaning assigned to it in section 1 of the Children's Act, 2005 (Act 38 of 2005); and
"surrogate motherhood agreement" has the meaning assigned to it in section 1 of the Children's Act. 2005 (Act 38 of 2005).
[Clause 9(19) inserted by section 2(2.3) of Notice No. R. 1397, GG44029, dated 24 December 2020]
Implementation of Geneva Conventions Act, 2012
