Public Service Commission Act, 1997
R 385
Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Building Industry, BloemfonteinExtension of Collective Agreement to Non-Parties8. Remuneration |
| (1) | Wages: |
| (a) | General: No employer shall pay and no employee shall accept wages at rates lower than the following: |
|
|
|
Cents per hour |
|
(i) |
Artisans ................................................................................. |
R44.44 skilled |
|
(ii) |
General workers..................................................................... |
R22.21 S/skilled |
Calculation of wages: The weekly wage of an employee shall be his hourly wage multiplied by 40, in the case of artisans and all other categories of employees.
| (a) | The increase for all category workers shall be 9% of the actual wage |
[Clause 8(1) substituted by section 3 of Notice No. R. 980, GG40244 dated 2 September 2016]
| (2) | Supplementary remuneration and contributions: |
| (a) | Except in respect of a casual employee, every employer shall pay each week to the Secretary of the Council in respect of each category of employee, as stipulated below, the total sum prescribed in Column G hereunder: Provided that such sum shall be allocated as set out hereunder: |
|
(i) |
Holiday Fund |
Column A |
|
(ii) |
Provident Fund |
Column B |
|
(iii) |
Contributions to Bargaining Council expenses |
Column C |
|
(iv) |
Trade Union subscriptions |
Column D |
|
(v) |
Wage Guarantee Fund |
Column E |
|
(vi) |
Funeral Benefit |
Column F |
|
(vii) |
TOTAL SUM |
Column G |
|
Employers |
Per week |
|
||||||
|
A |
B |
C |
D |
E |
F |
G |
|
|
|
R |
R |
R |
R |
R |
R |
R |
|
|
|
All employees earning R22.21 up to and including R25.22 ph |
109.60 |
176.80 |
2.40 |
- |
0.45 |
0.49 |
289.74 |
|
|
All employees earning R25.23 up to and including R30.84 ph |
119.90 |
201.40 |
2.40 |
- |
0.45 |
0.49 |
324.64 |
|
|
All employees earning R30.85 up to and including R36.33 ph |
146.00 |
246.80 |
2.40 |
- |
0.45 |
0.49 |
396.14 |
|
|
All employees earning R36.34 up to and including R44.43 ph |
177.40 |
290.40 |
2.40 |
- |
0.45 |
0.49 |
471.14 |
|
|
All employees earning R44.44 up to and including R49.79 ph |
214.00 |
354.90 |
2.40 |
5.00 |
0.45 |
0.49 |
577.24 |
|
|
All employees earning R49.80 and more ph |
240.20 |
398.50 |
2.40 |
5.00 |
0.45 |
0.49 |
647.04 |
|
| (b) | Except in respect of a casual employee who works for an employer for less than four weeks, every employer shall deduct each week from the remuneration due to each employee, as stipulated below, the amount prescribed in Column E hereunder: Provided that such sum shall be allocated as set out hereunder: |
|
(i) |
Holiday Fund |
Column A |
|
(ii) |
Provident |
Column B |
|
(iii) |
Contributions to Bargaining Council |
Column C |
|
(iv) |
Trade Unions |
Column D |
|
(iii) |
TOTAL SUM |
Column E |
|
Employers |
Per week |
|
||||
|
A |
B |
C |
D |
E |
|
|
|
R |
R |
R |
R |
R |
|
|
|
All employees earning R22.21 up to and including R25.22 ph |
109.60 |
176.80 |
0.20 |
- |
286.60 |
|
|
All employees earning R25.23 up to and including R30.84 ph |
119.90 |
201.40 |
0.20 |
- |
321.50 |
|
|
All employees earning R30.85 up to and including R36.33 ph |
146.00 |
246.80 |
0.20 |
- |
393.00 |
|
|
All employees earning R36.34 up to and including R44.43 ph |
177.40 |
290.40 |
0.20 |
- |
468.00 |
|
|
All employees earning R44.44 up to and including R49.79 ph |
214.00 |
354.90 |
0.20 |
5.00 |
574.10 |
|
|
All employees earning R49.80 and more ph |
240.20 |
398.50 |
0.20 |
5.00 |
643.90 |
|
| (c) | Every employer shall, in addition to any remuneration to which an employee may be entitled in terms of clause 8(1), pay such employee the total sum prescribed in Column C hereunder: |
|
(i) |
Holiday Fund |
Column A |
|
(ii) |
Provident Fund Contributions |
Column B |
|
(iii) |
TOTAL SUM |
Column C |
|
Employers |
Per week |
|
||
|
A |
B |
C |
|
|
|
R |
R |
R |
|
|
|
All employees earning R22.21 up to and including R25.22 ph |
2.74 |
2.21 |
4.95 |
|
|
All employees earning R25.23 up to and including R30.84 ph |
3.00 |
2.52 |
5.52 |
|
|
All employees earning R30.85 up to and including R36.33 ph |
3.65 |
3.08 |
6.73 |
|
|
All employees earning R36.34 up to and including R44.43 ph |
4.44 |
3.63 |
8.07 |
|
|
All employees earning R44.44 up to and including R49.79 ph |
5.35 |
4.44 |
9.79 |
|
|
All employees earning R49.80 and more ph |
6.01 |
4.98 |
10.99 |
|
[Clause 8(2)(a), (b) and (c) substituted by section 3 of Notice No. R. 980, GG40244, dated 2 September 2016]
| (3) | Casual employees: |
| (a) | An employer shall pay a casual employee in respect of each hour or part of an hour worked by him on any day, other than a paid holiday or Sunday, not less than the prescribed minimum wage as set out in subclause (1)(a). |
| (b) | An employer may pay an employee more than the minimum wage prescribed in subclause (1) (a) above: Provided that no party to this Agreement may embark upon industrial action to compel an employer to pay more than such minimum wage. |
| (4) | Overtime: |
An employee shall be entitled to payment in respect of overtime worked in excess of eight ordinary hours per day as follows:—
| (a) | General: An employer shall not work or require or allow an employee to work overtime; Provided that three hours' overtime may be worked daily in excess of the ordinary hours prescribed in clause 7(1)(a) without permission of the Council. Permission to work overtime in excess of three hours per day shall first be obtained by the employer from the Council in writing. Written permission to work overtime on essential services shall also be obtained by the employer from the Council prior to commencing such work. In the case of emergency work, overtime may be worked without prior permission of the Council: Provided that the employer shall report such work to the Council within the first four hours of the next working day after such emergency has arisen. For the purposes of this Agreement, all time worked in excess of the number of ordinary hours of work specified in clause 7 shall be deemed to be overtime. An employee shall be paid for overtime at overtime rates only after having completed 40 hours per week at his rate of wages, except in the case where an employee has started with an employer during such week and for that reason has not been able to complete 40 hours' ordinary time: Provided further that time lost with his employer's permission or covered by a medical certificate shall, for the purposes of this proviso, be deemed to be time worked: Provided further that the above shall not apply to an employee who is patrolling premises and guarding property. |
| (b) | Payment for overtime: An employee who is required to work any time outside the hours as prescribed in clause 7(1)(a) shall be paid— |
| (i) | at least one and one-half times the employee's wage, except any day which he may have worked in lieu of another day as mutually agreed; or |
| (ii) | pay an employee not less than the employee's ordinary wage for overtime worked and grant the employee at least 30 minutes' time off on full pay for every hour of overtime worked; or |
| (iii) | grant an employee at least 90 minutes' paid time off for each hour of overtime worked. |
| (c) | Payment for work on Sundays: An employer shall pay an employee at least double the rate of his wage unless otherwise stated in the certificate of exemption, for all time worked. |
| (d) | Minimum Hours: The ordinary hours of work plus overtime shall not exceed 55 hours per week. |
| (5) | Allowances: |
| (a) | An employee who is required to work away from his/her residence and who cannot return home after each working day, shall be paid a living away allowance of R60.00 per day in respect of each night spent away from his residence. |
[Clause 8(5)(a) substituted by section 4 of Notice No. R. 980, GG40244 dated 2 September 2016]
| (a) | Employees who are unable to work due to inclement weather must be paid for at least four (4) hours per day. |
[Clause 8(5)(b) inserted by section 4 of Notice No. R. 980, GG40244 dated 2 September 2016]
| (6) | Wage guarantee fund: |
| (a) | Every employer in the Building Industry shall, within seven days of his entering the Industry, lodge with the Council a guarantee of R1 000.00 cash. |
| (b) | The Secretary shall re-imburse such guarantee to the employer concerned after being notified in writing of the termination of the building operations or as soon as the employer is active in the Building Industry and has made contributions to the Council in respect of each employee, an amount prescribed in clause 8, subclause (2)(a)(v). |
| (c) | The Council shall use these contributions to guarantee the amounts payable to employees described hereunder. |
| (i) | Four weeks' wages as prescribed in subclause (1): |
| (ii) | Four weeks' supplementary remuneration and contributions payable by an employer as prescribed in subclause (2)(a) of this Clause; |
| (d) | The liability of the Council is limited to a maximum of R50 000.00 (fifty thousand Rand) per employer and to a total amount of R200 000.00 (two hundred thousand Rand) in a financial year starting 1 January and ending 31 December. |
| (e) | When an employer defaults by not making any contributions on behalf of his employees within one year, the amount paid towards the Fund shall be forfeited. |
| (f) | The Secretary shall maintain a register of all employers referred to in subclause (1). |
| (g) | The Council shall immediately deposit all monies received in terms of clause 8 subclause (6)(a). |
