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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

3. Definitions

 

 

Any expression used in this Collective Agreement which is defined in the Act has the meaning assigned to it in the Act. The masculine includes the feminine and vice versa and the singular includes the plural:

 

3.1        "the Act"

means the Labour Relations Act, No. 66 of 1995;

 

3.2        "afro hairdresser"

means an employee who has a COTT or SSETA Certificate;

 

3.3        "afro hairdresser with an informal qualification"

means an employee with a certificate from an informal training sector;

 

3.4        "agreement" or "collective agreement" or "industrial agreement"

means a written agreement concerning terms and conditions of employment or any other matter of mutual interest concluded by one or more registered trade unions, on the one hand and, on the other hand—

3.4.1        one or more employers;

3.4.2        one or more registered employers' organisations; or

3.4.3        one or more employers and one or more registered employers' organisations;

 

3.5        "average"

means the average personal services commission (PSC) calculated over the previous employment period up to a maximum of 12 months; first year pro-rata, thereafter calculated over 12 months;

 

3.6        "Barber"

means an employee performing any one or more of the following services: Clipper cuts, dry and wet razor shaving of facial hair and head hair including beards and moustages, hot towels treatment, facial massages, wet and dry cutting of the hair, singeing and dry or wet blow drying hair. A barber will not be performing chemical services. The services must be performed on male clients predominantly.

 

3.7        "Barbering Services"

means barbering services that can only be rendered when a salon provides barbering services to its clients.

 

3.8        "Trainee Barber "

means an employee who has never performed the functions and duties of a barber and is in training in a salon as a barber for a period not exceeding 6 (six) months.

 

3.9        "Junior Barber"

means an employee who has been engaged in rendering barbering services as a barber for a period of more than 6 (six) months and less than 1 (one) year.

 

3.10        "Senior Barber"

means an employee who has rendered barbering services as a barber for a period of 1 (one) year or more.

 

3.11        "Basic Conditions of Employment Act" or "BCEA"

means the Basic Conditions of Employment Act, No. 75 of 1997;

 

3.12        "CCMA"

means the Commission for Conciliation, Mediation and Arbitration;

 

3.13        "COTT"

means the Central Organisation for Trade Testing;

 

3.14        "casual employee"

means any employee who substitutes for any permanent employee who is employed in the manner and for the purpose described in clause 9.3;

 

3.15 "certificate to practise hairdressing"

means a qualification certificate issued by COTT or SSETA;

 

3.16 "commission"

means the amount of money due to an employee in terms of a commission agreement between an employer and employee;

3.16.1 "Personal Services Commission" or "PSC" means commission paid on services provided by the individual in person, including services provided by other employees other than those paid on a commission basis, but excluding retail commission for the purposes of calculating remuneration in relation to leave pay, notice pay and severance pay.
3.16.2 "Retail Commission"means commission paid to an employee in respect of the sale of hairdressing products.

 

3.17 "commissioner"

means any person appointed by the governing body of the CCMA in terms of section 117 of the Labour Relations Act, No. 66 of 1995;

 

3.18 "cosmetologist"

means a person who performs any one or more of the services usually performed by a manicurist or beauty culturist, including a cosmetologist or cosmetician who performs any one or more of the services referred to in 3.14.

 

3.19 "cosmetology"

means any one or more of the services usually performed by a manicurist or beauty culturist, or cosmetician or cosmetologist in an establishment and includes, but is not limited to 3.19.1 manicure, pedicure, nail technology, or the application of artificial nails or nail extensions, whatever the substance used including acrylic, fibre glass or gel;

3.19.2 eyebrow shaping and plucking including the application of false or artificial eyebrows and eyelashes;
3.19.3 cosmetic and camouflage makeup of the face and its features, whether by permanent, semi-permanent or temporary means;
3.19.4 facial skin care;
3.19.5 removal of unwanted or superfluous hair from the head or face, by whatever means, other than shaving, but including waxing, chemical depilatories, electrical or mechanical means;
3.19.6 massage services in manicures, pedicures, facial treatments, back and neck, whole body or holistic treatment or any other form of massaging, whether or not any apparatus, appliance, heat, preparation or substance is used in any of these operations;

 

3.20 "cosmetology services"

means any one or more or a combination of the operations generally and usually performed by nail technicians or beauty culturists or cosmeticians or cosmetologists or skincare therapist or somotologist or aestician or hairdresser.

 

3.21 "designated agent"

means any person appointed by the minister in terms of section 33 of the Labour Relations Act, No. 66 of 1995;

 

3.22 "establishment"

means any premises or workplace in which hairdressing and/or cosmetology services are normally rendered to members of the public for gain and includes the informal sector and private homes;

 

3.23        "full time employee"

means someone who is employed for more than 28 hours and not more than 45 hours per week.

 

3.24        "first year operator"

means an employee that has never worked in the industry as an operator,

 

3.25 "general assistant"

means an employee who is employed in an establishment and who does one or more of the following :

3.25.1 cleaning and/or sweeping premises;
3.25.2 running errands;
3.25.3 providing refreshments to staff and clients of a salon;
3.25.4 sanitising and disinfecting tools, equipment and surfaces;
3.25.5 washing dishes;
3.25.6 doing laundry and ironing.

 

3.26 "general secretary"

means the chief executive officer of the council;

 

3.27 "hairdresser"

means any person who, in return for payment, in money and/or in kind, on his own account, or in partnership, or as an employee, performs, or directly or indirectly advertises that he performs, any one or more of the hairdressing and cosmetology services usually performed by a hairdresser;

 

3.28 "hairdressing and cosmetology"

means any one or more of the hairdressing and cosmetology services usually performed by a hairdresser in an establishment, and includes, but is not limited to—

3.28.1 any service to the scalp or the hair of the head or face, including the following:
3.28.1.1 shampooing, cleansing, conditioning and treating
3.28.1.2 chemical reformation of the hair including permanent waving, relaxing and straightening of the hair;
3.28.1.3 hair colouring, including tinting, dyeing and colouring by means of permanent, semi-permanent or temporary processes, including the use of colour rinses, shampoos, gels or mousses; and lightening by means of tints, bleaches, highlights or high lifting tints or toners
3.28.1.4 hair cutting and shaping;
3.28.1.5 barbering services including shaving and singeing of hair;
3.28.1.6 hair styling, designing, shaping, curling, waving including blow drying, styling, tonging, crimping, straightening and silking
3.28.1.7 dreadlocks, weaving and braiding

Whether or not any apparatus, appliance, heat, preparation or substance is used in any of these operations;

3.28.2        massage or stimulative treatment of the face, scalp or neck;

3.28.3 adding hair, either natural or artificial, including hair extensions, board work, postiche wig making, or performing any of the above operations on any wig or hairpiece to be worn by any person;

3.28.4        trichology and trichological treatment, including the treatment of abnormalties and disorders of the a \hair and scalp;

 

3.29 "Hairdressing Beauty and Skincare Industry Pension Fund"

means the National Industry Pension Fund.

 

3.30 "Independent Establishments"

mean those establishments that are not located in shopping malls/centers and/or not governed by a lease agreement within a retail operation.

 

3.31 "Internal Arrangement"

means an arrangement or settlement reached within he bounds of a workplace between employer and employee.

 

3.32 "learner" or "learner hairdresser"

means any employee who is in training under a written learner ship contract registered with the SSETA, or who is in the process of applying for a learner ship contract in terms of the Skills Development Act, No. 97 of 1998, and includes a minor;

 

3.33 "legal owner"

means the person or persons who are the sole proprietors, in a partnership, close corporation or company; and who own or rent or operate an establishment;

 

3.34 "manager/ess"

means an employee who is employed to manage and oversee the day-to-day functions of the establishment, including—

3.34.1 quality control;
3.34.2 staff management;
3.34.3 training and development of staff or overseeing the training and development of staff;
3.34.4 stock control;
3.34.5 time management;
3.34.6 marketing and promotions;
3.34.7 administration, accounts and orders;
3.34.8 grievance and disciplinary procedures;
3.34.9 salon maintenance and security;
3.34.10 housekeeping and running costs; and
3.34.11 cash control;
3.34.12 co-ordination.

 

3.35 "minor"

means an employee who is 16 years or more, but who has not yet attained the age of majority, which is 18 years;

 

3.36 "non-party"

means any employer or employee who is not a member of a registered employer's organisation or trade union which is party to the council;

 

3.37 "non-scheduled employees"

means all other employees employed in an establishment for whom remuneration is not prescribed in this Agreement;

 

3.38 "non-working employer"

means the owner of an establishment who is a legal or natural person, but who is not entitled to practice hairdressing;

 

3.39 "operator"

means an employee who is employed in an establishment and who performs one or more of the following activities

3.39.1 draping, brushing, shampooing and/or towel drying client's hair;
3.39.2 removing veils, pins, rollers, clips and other setting aids;
3.39.3 preparing clients for highlighting of hair;
3.39.4 applying instant conditioners, rinses or colour shampoos;
3.39.5 placing clients under or removing clients from driers
3.39.6 applying perm lotions;
3.39.7 neutralising and rinsing perms and relaxers;
3.39.8 assisting with foils, pulling out highlights and applying bleach over a highlight cap;
3.39.9 giving clients scalp treatments by the application of any hairdresser treatment products prescribed by the manufacturer of that product, excluding any treatment performed by infra-red ray, ultra-violet ray, or thermo treatment;
3.39.10 tinting and applying colour (permanent and semi-permanent) and applying toners and/or bleach;
3.39.11 cleaning and/or sweeping premises;
3.39.12 running errands;
3.39.13 providing refreshments to staff and customers of an establishment;
3.39.14 sanitising and disinfecting tools, equipment and surfaces;
3.39.15 washing dishes;
3.39.16 doing laundry and ironing.

 

3.40 "optional"

shall mean possible but not compulsory in other words left to personal choice and agreement.

 

3.41 "part-time employee"

means an employee who is employed for not less than one day per week or not more than three days per week;

 

3.42 "party"

means any employer or employee who is a member in good standing of a registered employers' organisation or trade union, which is party to the council;

 

3.43 "premium"

means the payment of consideration, whatsoever the nature, in return for the training of any person in hairdressing;

 

3.44 "qualified hairdresser"

means a person who—

3.44.1 has completed a learnership; or
3.44.2 holds a trade test certificate issued by COTT or the SSETA; or
3.44.3 holds a certificate of proficiency under the Training of Artisans Act, 1951; or
3.44.4 holds any qualification which the council in consultation with the SSETA may recognize as a qualification, whether or not obtained in the Republic of South Africa; or
3.44.5 holds a master's certificate of the employers' organization from any division thereof; or
3.44.6 holds a certificate of competency in hairdressing issued by any bargaining council before the coming into force of this Collective Agreement;

 

3.45 "Receptionist and/or telephonist"

means an employee who is employed in an establishment and who performs one or more of the following activities:

3.45.1 receives clients and/or books appointments;
3.45.2 keep accounts and records;
3.45.3 does any clerical work;
3.45.4 handles cash;
3.45.5 is responsible for counter sales;
3.45.6 is responsible for stock control;
3.45.7 is responsible for advertising and promotion;
3.45.8 arranges merchandising displays;
3.45.9 co-ordination;

 

3.46 "multi-skilled operator"

means an employee who is employed in an establishment and who performs the same duties as those set out in 3.39 above, and includes blow-waving, setting and winding perms;

 

3.47 "remuneration"

means any payment of money or in kind, or both in money and in kind, made or owing to any person in return for that person's working for any other person; and "remunerate" has a corresponding meaning. Provided that if any employer regularly pays an employee a higher amount than that prescribed in this Agreement it shall mean the higher amount; and remuneration, in respect of annual leave, notice pay and severance pay includes basic salary and personal services commission (psc) only, and for all other calculations the items as per the Main Agreement shall apply;

 

3.48 "representative"

means a person nominated by any party to represent a party to the council;

 

3.49 "SDA"

means the Skills Development Act, No. 97 of 1998;

 

3.50 "SSETA"

means the Services Sector Education and Training Authority;

 

3.51 "scheduled employees"

means the category of employees for whom remuneration is prescribed in this Agreement;

 

3.52 "secretary"

means the secretary of the council, acting under the directions of the general secretary, if the council has appointed a general secretary, and includes a deputy secretary, an assistant secretary or an acting secretary;

 

3.53 "skin care industry"

means an industry which employers and their employees are associated for the purpose of rendering "cosmetology services" and including but not limited to cosmic; camouflage; spa treatments; tattooing and/or painting of the face or full body features; whether by permanent or semi-permanent or temporary means in any establishments where such services are normally rendered to members of the public.

 

3.54 "specialist afro hairdresser without recognized qualification"

means a person who does not hold any qualification in hairdressing, and who, wholly or mainly, performs one of the following tasks;

3.54.1 bradding, weaving or plaiting;
3.54.2 cutting only;
3.54.3 adding hair extensions only;
3.54.4 dreadlocks

 

3.55 "training provider"

means an institution accredited by the SSETA to provide accredited training registered with the South African Qualifications Authority;

 

3.56 "wage" or "basic salary"

means any payment in money, made or owing to any person in return for that person's working for any other person, as agreed and prescribed in the Main Agreement, as amended from time to time, as the minimum payable to an employee in a specific job category;

 

3.57 "working employer"

means an employer who renders services at an establishment;