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

Notices

Bargaining Council for the Building Industry, Cape of Good Hope

Extension of Main Amending Collective Agreement to Non-parties

Chapter Six : Employee Benefit Schemes

32. Holiday Fund and Bonus Fund

 

(1) The Holiday Fund and Bonus Fund is hereby continued and shall continue to be administered by the Council for the purpose of providing eligible employees with leave and bonus pay for the annual leave period in terms of clause 39. Moneys contributed to the Fund by employers shall be invested as provided for in terms of section 53(5) of the Act.

 

(2) An employer shall contribute to the Holiday Fund and Bonus Fund on behalf of an eligible employee in respect of each normal working day that the employee remains in his employ ("a contribution day"), an amount which shall be calculated as follows:

 

From the date of coming into operation of this Agreement to 31 October 2020

 

Category of Employee

Holiday Fund Amount per day

Bonus Fund Amount per day

Area A, B and C

Area D

Area A, B and C

Area D

R

R

R

R
(i) Labourer

19.12

18.31

15.09

14.46
(ii) General Worker

24.85

23.24

19.61

18.35
(iii) Tradesman Class 4, manufacturing worker, waterproofing worker and scaffold erector

26.45

25.66

20.88

20.26
(iv) Tradesman Class 3, clerical worker, joinery assembler, Aluminium Manufacturing Worker and Alternative Building System installer 3

29.17

28.49

23.03

22.49
(v) Tradesman Class 2, machine operator, glazier, assistant floor layer, carpet fitter, block layer

39.77

38.51

31.40

30.40
(vi) Drivers/Plant operators of motor vehicles that require a code C1 licence, per day or above

34.86

33.06

27.52

26.10
(vii) Drivers of all other vehicles that require a code A, A1 or B licence

26.25

24.80

20.72

19.58
(viii) Artisan (including a Bricklayer, Stonemason, Carpenter, Joiner, Tiler, Plasterer, Designated Glazier, Plumber, Painter, Aluminium installer/fixer, Leading hand and Junior Foreman)

53.27

51.56

42.05

40.70
(ix) Security Guard (Employees engaged in patrolling premises and guarding property

28.00

26.41

22.11

20.85
(x) Apprenticeship Year 1

18.65

17.86

14.72

14.10
(xii) Apprenticeship Year 2

25.63

25.78

21.03

20.35
(xiii) Apprenticeship Year 3

37.85

36.63

31.54

30.53

 

For the period 1 November 2020 to 31 October 2021 the contributions applicable from 1 November 2019 small be increased by the CPI percentage (as at the 1st of July 2020 as published by the Statistics South Africa) provided that the minimum increase shall be 4 %.

 

For the period 1 November 2021 to 31 October 2022 the contributions applicable from 1 November 2019 shall be increased by the CPI percentage (as at that 1st of July 2021 as published by the Statistics South Africa) provided that the minimum increase shall be 4 %.

 

(3) Every employer shall pay the contribution to the Council within the period determined by the Council for such purposes.

 

(4) The Council shall determine a date before the commencement of the annual leave period in terms of clause 39 upon which eligible employees shall receive payment of the amount standing to their credit in the Holiday and Bonus Fund: Provided that no payment shall be made from the Holiday and Bonus Fund—
(a) in respect of benefits contributed by an employer after 31 October each year, which benefits shall be deemed to have been issued during the following year;
(b) in respect of more than 245 daily benefits in any single year ending on 31 October of that year:
(c) if an employee fails to claim the value of the benefits within six months of the commencement of the annual leave period, unless the Council in its discretion decides otherwise, in which event the value of the benefits shall accrue to the general funds of the Council;
(d) in respect of deductions made in respect of an employee's Holiday and Bonus Fund entitlement in terms of clause 41(3):
(e) subject to the provisions of sub clause (5), prior to the date determined by the Council in terms of this clause.

 

(5) In the event of an eligible employee's death, all amounts to his credit in the Holiday and Bonus Fund shall be paid to his duly appointed nominee, if any. Should no nominee survive the employee, or should a surviving nominee fail to claim payment within 12 months of the date of the employee's death, the amount to his credit shall be paid into his estate.

 

(6) Subject to the provisions of sub clause (5), the amount standing to an employee's credit in the Holiday and Bonus Fund shall not be transferable; and any employee who attempts to assign, transfer cede, pledge or lend any benefits contribution shall forfeit the value to the general funds of the Council.

 

(7) Notwithstanding the expiry or cancellation of this Agreement, the Council shall continue to administer the Holiday and Bonus Fund until such lime as it is liquidated or transferred to any other fund created for the purpose of providing annual leave pay to employees.

 

(8) In the event of the Council being wound up or dissolved, the Holiday and Bonus Fund shall continue to be administered by a committee appointed for such purpose by the parties before the winding up or dissolution of the Council, which committee shall consist of an equal number of employer and employee representatives. In the event of such committee being unable to carry out its duties for any reason, the parties shall appoint a trustee or trustees to carry out the duties of the committee and such trustees shall have the same powers as the committee for this purpose.

 

(9) In the event of there being no Council in existence at the time of expiry of this Agreement, the Holiday and Bonus Fund shall be liquidated by the committee or trustee appointed in terms of sub clause (8).

 

(10) In the event of the liquidation of the Holiday and Bonus Fund in terms of sub clauses (7) or (8) the moneys remaining after the payment of all claims against the Holiday and Bonus Fund, including administration and liquidation expenses, shall be paid into the general funds of the Council. In the event of the Council having been wound up before the liquidation of the Holiday and Bonus Fund the monies remaining shall be distributed equally among the parties to the Council immediately prior to its dissolution.