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

Notices

Bargaining Council for the Hairdressing and Cosmetology Services (Semi-National)

Main Collective Agreement

12. Payment of Remuneration or Basic Salary or Wages and Authorised Deductions

 

 

12.1 An employer shall pay remuneration or basic salary or wages at not less than, and an employee shall not accept remuneration or basic salary or wages at rates lower than, those set out in the Remuneration/Basic Salary/Wage Schedules for areas 1 up to and including area 5, attached hereto, and to be read as part thereof.

 

12.2 An employer shall pay all qualified hairdressers not less than 40% personal services commission (pcs) for services rendered, and not less than 5% retail commission for product sales, and a qualified hairdresser shall not accept personal services commission of less than 40% and retail commission of less than 5%.

 

12.3 Nothing in this clause shall operate to permit a reduction in the remuneration or basic salary or wages an employee was receiving at the date of coming into operation of this Agreement while such employee remains in the employ of the same employer.

 

12.4 The provisions of clause 12.3 also apply to any employee whose services are terminated by an employer after the date of coming into operation of this Agreement and who is re-engaged by the same employer.

 

12.5 Remuneration or basic salary or wages may be paid weekly or monthly, as may have been agreed between the employer and employee. If the employment is terminated before the usual pay day, the wages shall be payable within seven days of the effective date of termination.

 

12.6 The remuneration or basic salary or wages shall be placed in a sealed envelope which shall contain, in writing, the following details:
12.6.1 the employer's name and address;
12.6.2 the full names and occupation of the employee;
12.6.3 the period for which the payment is made;
12.6.4 the employee's remuneration or basic salary or wages in money;
12.6.5 the amount and purpose of any deduction made from the employee's remuneration or basic salary or wages;
12.6.6 the actual amount paid to the employee; and
12.6.7 if relevant to the calculation of that employee's remuneration or basic salary or wages—
12.6.7.1  the employee's rate of remuneration or basic salary or wages and personal services commission (psc) and retail commission and overtime rate;
12.6.7.2  the number of ordinary and overtime hours worked by the employee during the period for which the payment is made;
12.6.7.2  the number of hours worked by the employee on a public holiday during that period.

 

12.7 The written information required in terms of clause 12.6 shall be given to eachemployee—
12.7.1 at the workplace or at a place agreed to by the employee; and
12.7.2 during the employee's ordinary working hours or within 15 minutes of the commencement or conclusion of those hours.

 

12.8 An employer may not make any deduction from an employee's remuneration or basic salary or wages unless the deduction—
12.8.1 is required or permitted in terms of a law, court order, arbitration award, or in terms of clause 22 of this Agreement; or
12.8.2 is in respect of contributions to the council, in terms of this Agreement; or
12.8.3 is in respect of subscriptions and levies to the union, if any; or
12.8.4 is in respect of contributions to the Hairdressing Trade Sick Pay Fund ("the Sick Pay Fund") and the Hairdressing and Cosmetology Industry Provident Fund, if any; or
12.8.5 is in respect of VAT permitted to be deducted from the retail product sales for the purposes of calculating commission on such sales in the case of a hairdresser; or

12.8.6         subject to 12.9 the employee agrees in writing to the deduction in respect of a debt incurred whilst in employment.

 

12.9 A deduction in terms of 12.8.6 may be made to reimburse an employer for loss or damage only if :
12.9.1 the loss or damage occurred in the course of employment and was due to the fault of the employee;
12.9.2  the employer followed a fair procedure and gave the employee a reasonable opportunity to show why the deductions should not be made;
12.9.3 the total amount of the debt does not exceed the actual amount of the loss or damage; and
12.9.4 the total deductions from the employee's remuneration or basic salary or wages in terms of this clause do not exceed onequarter of the employee's remuneration or basic salary or wages in money.

 

12.10 A deduction in terms of 12.8.6 in respect of any goods purchased by the employee shall specify the nature and quantity of the goods.

 

12.11 An employer who deducts an amount from an employee's remuneration or basic salary or wages in terms of clause 12.8.1 to 12.8.5 for payment to another person shall pay the amount to such person in accordance with the time period and other requirements specified in any law, court order, arbitration award, or in clause 24 of this Collective Agreement.

 

12.12 An employer may not require or permit an employee to—
12.12.1 repay any remuneration or basic salary or wages except for overpayments previously made by the employer resulting from an error in calculating the employee's remuneration or basic salary or wages; or
12.12.2 acknowledge receipt of an amount greater than the remuneration or basic salary or wages actually received.

 

12.13 Payment of contributions to benefit funds shall be dealt with as follows:
12.13.1 For the purposes of this clause, a benefit fund is a pension, provident, retirement, medical aid or similar fund.
12.13.2 An employer who deducts from an employee's remuneration or basic salary or wages any amount for payment to a benefit fund shall pay the amount to the fund within seven days of the deductions being made.
12.13.3 Any contribution that an employer is required to make to a benefit fund on behalf of an employee that is not deducted from the employee's remuneration or basic salary or wages shall be paid to the fund within seven days of the end of the period in respect of which the payment is made.
12.13.4 This clause shall not affect any obligation on an employer in terms of the rules of a benefit fund to make any payment within a shorter period than that required by 12.13.2 or 12.13.3.

 

12.14 Remuneration or Wages which are payable weekly shall be paid by no later than the close of business on the Friday of each week. If Friday falls on a public holiday, payment shall be made not later than the close of business on the Thursday.

 

12.15 Remuneration or basic salary which is payable monthly shall be paid not later than the last working day of that month.

 

12.16 Payment of remuneration or basic salary or wages shall take place as follows:
12.16.1 An employer shall pay to an employee any remuneration or basic salary or wages that is paid in money—
12.16.1.1 in South African currency
12.16.1.2 daily, weekly, fortnightly or monthly; and
12.16.1.3 in cash, by cheque, electronic transfer or by direct deposit into an account designated by the employee.
12.16.2 Any remuneration or basic salary or wages paid in cash or by cheque shall be given to each employee—
12.16.2.1 at the workplace or at a place agreed to by the employee;
12.16.2.2 during the employee's working hours or within 15 minutes of the commencement or conclusion of those hours; and
12.16.2.3 in a sealed envelope which shall become the property of the employee.
12.16.3 An employer shall pay remuneration or basic salary or wages not later than seven days after the termination of the contract of employment.
12.16.4 Clause 12.16.3 shall not apply to any pension or provident fund payment to an employee that is made in terms of the rules of the fund.
12.16.5 Payment of remuneration or basic salary or wages shall be made at the place where the employee is actually engaged or employed at the time of payment of the remuneration or basic salary or wages.

 

12.17 Remuneration or basic salary or wages shall be calculated as follows:
12.17.1 For purposes of calculating the remuneration or basic salary or wages of an employee by time, an employee shall be deemed ordinarily to work—
12.17.1.1 45 hours in a week, unless the employee ordinarily works a lesser number of hours in a week;
12.17.1.2 nine hours in a day, or seven and a half hours in the case of an employee who works for more than five days a week, or the number of hours that an employee works in a day in terms of an   agreement concluded in accordance with section 11 of the Basic Conditions of Employment Act, 1997, unless the employee ordinarily works a lesser number of hours in a day.

12.17.2         An employee's monthly remuneration shall be four and one-third times the employee's weekly wage;

 

12.18        After an employee has been in continuous service with the same establishment or the same employer/s—

12.18.1 for a period of five consecutive years of service, the employee shall be entitled thereafter to additional basic salary or wages calculated at the rate of 5% of the prescribed monthly basic salary for that category of employee;
12.18.2 for a period of ten consecutive years of service, the employee shall be entitled thereafter to additional basic salary or wages calculated at the rate of 10% of the prescribed monthly basic salary for that category of employee.

 

12.19        includes any period of service with the same establishment or employer—

12.19.1         prior to the coming into effect of this Agreement

12.19.2         during maternity leave permitted by this Agreement

12.19.3 even if, after the date of coming into operation of this provision, those services are terminated by the employer, as long as the employee is re-engaged by the same establishment or employer and the interval between the termination and re-engagement does not exceed 90 days.

 

12.20 Remuneration specified for an employee who earns commission and no Basic Salary in the Remuneration/Basic Salary/Wage Schedules for all areas, shall be exclusively for the purpose of calculating public holiday pay, leave pay, sick pay, UIF contributions, Sick Pay Fund, and the contribution to the hci Provident Fund and as from 1 March 2013 the Hairdressing Beauty and Skincare Industry Pension Fund.

 

12.21 Payment of remuneration or basic salary or wages for learners, as specified in the Remuneration/Basic Salary/Wage Schedules, shall be as follows:
12.21.1 A learner who is engaged on the Modular system and who enters into a learnership contract with an employer in the Industry and who has already passed all six (6) modules at an accredited training institution (provider) shall start on the remuneration or basic salary or wages as specified for Module 0 on the Remuneration/Basic Salary/Wage Schedules for the first three months of their employment. Thereafter, every three months from the date on which he commenced his learnership contract his remuneration /wages- shall increase to the next modular level and he shall be paid remuneration/wages for the next modular level as specified on the Remuneration/Wage Schedules, for example:—
12.21.1.1 A learner who commences employment with an employer under a learnership contract in terms of 12.21.1 above shall receive the remuneration or basic salary or wages as specified for Module 0 for his first three months of employment/his learnership;
12.21.1.2 A learner who has been employed with an employer under a learnership contract in terms of 12.21.1 above for a period of three months shall receive the remuneration or basic salary or wages as specified for Module 1 for his next/second three months of employment;
12.21.1.3 A learner who has been employed with an employer under a learnership contract in terms of 12.21.1 above for a period of six months shall receive the remuneration or basic salary or wages as specified for Module 2 for his next/third three months of employment;
12.21.1.4 A learner who has been employed with an employer under a learnership contract in terms of 12.21.1 above for a period of nine months shall receive the remuneration or basic salary or wages as specified for Module 3 for his next/fourth three months of employment;
12.21.1.5 A learner who has been employed with an employer under a learnership contract in terms of 12.21.1 above for a period of twelve months shall receive the remuneration or basic salary or wages as specified for Module 4 for his next/fifth three months of employment;
12.21.1.6 A learner who has been employed with an employer under a learnership contract in terms of 12.21.1 above for a period of fifteen months shall receive the remuneration or basic salary or wages as specified for Module 5 for his next/sixth three months of employment;
12.21.1.7 A learner who has been employed with an employer under a learnership contract in terms of 12.21.1 above for a period of eighteen months shall receive the remuneration or basic salary or wages as specified for Module 6 for his last/seventh three months of employment;
12.21.2 A learner who is engaged on the Modular system and who enters into a learnership contract with an employer in the industry without having been to an accredited training institution (provider) before entering into a learnership contract shall start on the remuneration or basic salary or wages as specified for Module 0 on the Remuneration/Basic Salary/Wage Schedules. Every time such a learner passes any module his remuneration or basic salary or wages shall increase by one level to the next modular level and he shall be paid remuneration or basic salary or wages as specified on the Remuneration/Basic Salary/Wage Schedules for the next modular level.
12.21.3 For the purposes of 12.21.2 for a learner to have passed a module means to have passed both the theory and the practical examination for that module.
12.21.4 The onus shall be on the learner engaged in terms of 12.21.2 to give their employer their examination results in order to be eligible to move to the next modular level specified on the Remuneration/Basic Salary/Wage Schedules for payment of that learner's remuneration or basic salary or wages.
12.21.5 A learner who is engaged on the Unit Standards system and who enters into a learnership contract with an employer in the Industry and who has already passed all fifteen (15) unit standards at an accredited training institution (provider) shall start on the remuneration or basic salary or wages as specified for Unit Standards 1-5 on the Remuneration/Basic Salary/Wage Schedules for the first four months of their employment. Thereafter, every four months from the date on which he commenced his learnership contract his remuneration or basic salary or wages shall increase to the next unit standards level and he shall be paid remuneration or basic salary or wages for the next unit standards level as specified on the Remuneration/Basic Salary/Wage Schedules, for example:—
12.21.5.1 A learner who commences employment with an employer under a learnership contract in terms of 12.21.5 above shall receive the remuneration or basic salary or wages as specified for Unit Standards 1-5 for his first four months of employment;
12.21.5.2 A learner who has been employed with an employer under a learnership contract in terms of 12.21.5 above for a period of four months shall receive the remuneration or basic salary or wages as specified for Unit Standards 6-10 for his next/second four months of employment;
12.21.5.3 A learner who has been employed with an employer under a learnership contract in terms of 12.21.5 above for a period of six months shall receive the remuneration or basic salary or wages as specified for Unit Standards 11-15 for his last/third four months of employment;
12.21.6 A learner who is engaged on the Unit Standards system and who enters into a learnership contract with an employer in the Industry, without having been to an accredited training institution (provider) before entering into said learnership contract, shall start on the remuneration or basic salary or wages as specified for Unit Standards 1-5 on the Remuneration/Basic Salary/Wage Schedules. Every time such a learner passes any unit standard his remuneration or basic salary or wages shall increase by one level to the next unit standards level and he shall be paid remuneration or basic salary or wages as specified on the Remuneration/Basic Salary/Wage Schedules for the next unit standards level.
12.21.7 For the purposes of 12.21.6 for a learner to have passed a unit standard means to have passed both the theory and the practical examination for that unit standard.
12.21.8 he onus shall be on the learner engaged in terms of 12.21.6 to give their employer their examination results in order to be eligible to move to the next unit standard level specified on the Remuneration/Basic Salary/Wage Schedules for payment of that learner's remuneration or basic salary or wages.

 

12.22 An employee employed as a part-time learner shall be remunerated at the daily rate of the prescribed remuneration rate for a first entry level.

 

REFER TO REMUNERATION/WAGE SCHEDULE

FOR REMUNERATION/WAGES PAYABLE IN YOUR REGION

(Pages 75-98)

(Effective till 31st December 2013)