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Table of Contents
Labour Relations Act, 1995 (Act No. 66 of 1995)
Notice No. 1877 of 1995
Act
Chapter I : Purpose, Application and Interpretation
1. Purpose of this Act
2. Exclusion from application of this Act
3. Interpretation of this Act
Chapter II : Freedom of Association and General Protections
4. Employees' right to freedom of association
5. Protection of employees and persons seeking employment
6. Employers' right to freedom of association
7. Protection of employers' rights
8. Rights of trade unions and employers' organisations
9. Procedure for disputes
10. Burden of proof
Chapter III : Collective Bargaining
Part A : Organisational Rights
11. Trade union representativeness
12. Trade union access to workplace
13. Deduction of trade union subscriptions or levies
14. Trade union representatives
15. Leave for trade union activities
16. Disclosure of information
17. Restricted rights in domestic sector
18. Right to establish thresholds of representativeness
19. Certain organisational rights for trade union party to council
20. Organisational rights in collective agreements
21. Exercise of rights conferred by this Part
22. Disputes about organisational rights
Part B : Collective Agreements
23. Legal effect of collective agreement
24. Disputes about collective agreements
25. Agency shop agreements
26. Closed shop agreements
Part C : Bargaining Councils
27. Establishment of bargaining councils
28. Powers and functions of bargaining council
29. Registration of bargaining councils
30. Constitution of bargaining council
31. Binding nature of collective agreement concluded in bargaining council
32. Extension of collective agreement concluded in bargaining council
32A. Renewal and extension of funding agreements
33. Appointment and powers of designated agents of bargaining councils
33A Enforcement of collective agreements by bargaining council
34. Amalgamation of bargaining councils
Part D : Bargaining Councils in the Public Service
35. Bargaining councils in public service
36. Public Service Co-ordinating Bargaining Council
37. Bargaining councils in sectors in public service
38. Disputes between bargaining councils in public service
Part E : Statutory Councils
39. Application to establish statutory council
40. Establishment and registration of statutory council
41. Establishment and registration of statutory council in absence of agreement
42. Certificate of registration of statutory council
43. Powers and functions of statutory councils
44. Ministerial determinations
45. Disputes about determinations
46. Withdrawal of party from statutory council
47. Appointment of new representative of statutory council
48. Change of status of statutory council
Part F : General Provisions concerning Councils
49. Representativeness of council
50. Effect of registration of council
51. Dispute resolution functions of council
52. Accreditation of council or appointment of accredited agency
53. Accounting records and audits
54. Duty to keep records and provide information to registrar
55. Delegation of functions to committee of council
56. Admission of parties to council
57. Changing constitution or name of council
58. Variation of registered scope of council
59. Winding-up of council
60. Winding-up of council by reason of insolvency
61. Cancellation of registration of council
62. Disputes about demarcation between sectors and areas
63. Disputes about Parts A and C to F
Chapter IV : Strikes and Lock-outs
64. Right to strike and recourse to lock-out
65. Limitations on right to strike or recourse to lock-out
66. Secondary strikes
67. Strike or lock-out in compliance with this Act
68. Strike or lock-out not in compliance with this Act
69. Picketing
70. Essential services committee
70A. Composition of essential services committee
70B. Powers and functions of essential services committee
70C. Appointment of panels
70D. Powers and functions of panel
70E. Jurisdiction and administration of essential services committee
70F. Regulations for essential services committee
71. Designating a service as an essential service
72. Minimum services
73. Disputes about minimum services and about whether a service is an essential service
74. Disputes in essential services
75. Maintenance services
76. Replacement labour
77. Protest action to promote or defend socio-economic interests of workers
Chapter V : Workplace Forums
78. Definitions in this Chapter
79. General functions of workplace forum
80. Establishment of workplace forum
81. Trade union based workplace forum
82. Requirements for constitution of workplace forum
83. Meetings of workplace forum
84. Specific matters for consultation
85. Consultation
86. Joint decision-making
87. Review at request of newly established workplace forum
88. Matters affecting more than one workplace forum in an employer's operation
89. Disclosure of information
90. Inspection and copies of documents
91. Breach of confidentiality
92. Full-time members of workplace forum
93. Dissolution of workplace forum
94. Disputes about workplace forums
Chapter VI : Trade Unions and Employers' Organisations
Part A : Registration and Regulation of Trade Unions and Employers' Organisations
95. Requirements for registration of trade unions or employers' organisations
96. Registration of trade unions or employers' organisations
97. Effect of registration of trade union or employers' organisation
98. Accounting records and audits
99. Duty to keep records
100. Duty to provide information to registrar
101. Changing constitution or name of registered trade unions or employers' organisations
102. Amalgamation of trade unions or employers' organisations
103. Winding-up of trade unions or employers' organisations
103A. Appointment of administrator
104. Winding-up of trade unions or employers' organisations by reason of insolvency
105. Declaration that trade union is no longer independent
106. Cancellation of registration of trade unions or employers' organisations
Part B : Regulation of Federations of Trade Unions and Employers' Organisations
107. Regulation of federations of trade unions or employers' organisations
Part C : Registrar of Labour Relations
108. Appointment of registrar of labour relations
109. Functions of registrar
110. Access to information
Part D : Appeals from Registrar's decision
111. Appeals from registrar's decision
Chapter VII : Dispute Resolution
Part A : Commission for Conciliation, Mediation and Arbitration
112. Establishment of Commission for Conciliation, Mediation and Arbitration
113. Independence of Commission
114. Area of jurisdiction and offices of Commission
115. Functions of Commission
116. Governing body of Commission
117. Commissioners of Commission
118. Director of Commission
119. Acting director of Commission
120. Staff of Commission
121. Establishment of committees of Commission
122. Finances of Commission
123. Circumstances in which Commission may charge fees
124. Contracting by Commission, and Commission working in association with any person
125. Delegation of governing body's powers, functions and duties
126. Limitation of liability and limitation on disclosure of information
Part B : Accreditation of and Subsidy to Councils and Private Agencies
127. Accreditation of councils and private agencies
128. General provisions relating to accreditation
129. Amendment of accreditation
130. Withdrawal of accreditation
131. Application to renew accreditation
132. Subsidy to council or private agency
Part C : Resolution of disputes under auspices of Commission
133. Resolution of disputes under auspices of Commission
134. Disputes about matters of mutual interest
135. Resolution of disputes through conciliation
136. Appointment of commissioner to resolve dispute through arbitration
137. Appointment of senior commissioner to resolve dispute through arbitration
138. General provisions for arbitration proceedings
139. Special provisions for arbitrating disputes in essential services
140. Special provisions for arbitrations about dismissals for reasons related to conduct or capacity
141. Resolution of disputes if parties consent to arbitration under auspices of Commission
142. Powers of commissioner when attempting to resolve disputes
142A. Making settlement agreement arbitration award
143. Effect of arbitration awards
144. Variation and rescission of arbitration awards and rulings
145. Review of arbitration awards
146. Exclusion of Arbitration Act
147. Performance of dispute resolution functions by Commission in exceptional circumstances
148. Commission may provide advice
149. Commission may provide assistance
150. Commission may appoint commissioner to conciliate in public interest
150A. Advisory arbitration panel in public interest
150B. Composition of advisory arbitration panel
150C. Advisory arbitration award
150D. Effect of advisory arbitration award
Part D : Labour Court
151. Establishment and status of Labour Court
152. Composition of Labour Court
153. Appointment of judges of Labour Court
154. Tenure, remuneration and terms and conditions of appointment of Labour Court judges
155. Officers of Labour Court
156. Area of jurisdiction and seat of Labour Court
157. Jurisdiction of Labour Court
158. Powers of Labour Court
159. Rules Board for Labour Courts and rules for Labour Court
160. Proceedings of Labour Court to be carried on in open court
161. Representation before Labour Court
162. Costs
163. Service and enforcement of orders of Labour Court
164. Seal of Labour Court
165. Variation and rescission of orders of Labour Court
166. Appeals against judgment or order of Labour Court
Part E : Labour Court
167. Establishment and status of Labour Appeal Court
168. Composition of Labour Appeal Court
169. Appointment of other judges of Labour Appeal Court
170. Tenure, remuneration and terms and conditions of appointment of Labour Appeal Court judges
171. Officers of Labour Appeal Court
172. Area of jurisdiction and seat of Labour Appeal Court
173. Jurisdiction of Labour Appeal Court
174. Powers of Labour Appeal Court on hearing of appeals
175. Labour Appeal Court may sit as court of first instance
176. Rules for Labour Appeal Court
177. Proceedings of Labour Appeal Court to be carried on in open court
178. Representation before Labour Appeal Court
179. Costs
180. Service and enforcement of orders
181. Seal of Labour Appeal Court
182. Judgments of Labour Appeal Court binding on Labour Court
183. Labour Appeal Court final court of appeal
Part F : General Provisions applicable to Courts established by this Act
184. General provisions applicable to courts established by this Act
Chapter VIII : Unfair Dismissal and Unfair Labour Practice
185. Right not to be unfairly dismissed or subjected to unfair labour practice
186. Meaning of dismissal and unfair labour practice
187. Automatically unfair dismissals
188. Other unfair dismissals
188A. Inquiry by arbitrator
189. Dismissals based on operational requirements
189A. Dismissals based on operational requirements by employers with more than 50 employees
190. Date of dismissal
191. Disputes about unfair dismissals and unfair labour practices
192. Onus in dismissal disputes
193. Remedies for unfair dismissal and unfair labour practice
194. Limits on compensation
195. Compensation is in addition to any other amount
196. Severance pay
197. Transfer of contract of employment
197A. Transfer of contract of employment in circumstances of insolvency
197B. Disclosure of information concerning insolvency
Chapter IX : Regulation of Non-Standard Employment and General Provisions
198. Temporary Employment Services
198A. Application of section 198 to employees earning below earnings threshold
198B. Fixed term contracts with employees earning below earnings threshold
198C. Part-time employment of employees earning below earnings threshold
198D. General provisions applicable to sections 198A to 198C
199. Contracts of employment may not disregard or waive collective agreements or arbitration awards
200. Representation of employees or employers
200A. Presumption as to who is employee
200B. Liability for employer's obligations
201. Confidentiality
202. Service of documents
203. Codes of good practice
204. Collective agreement, arbitration award or wage determination to be kept by employer
205. Records to be kept by employer
206. Effect of certain defects and irregularities
207. Ministers empowered to add and change to Schedules
208. Regulations
208A. Delegations
209. This Act binds the State
210. Application of Act when in conflict with other laws
211. Amendment of laws
212. Repeal of laws, and transitional arrangements
213. Definitions
214. Short title and commencement
Schedules
Schedule 1 : Establishment of Bargaining Councils for Public Service
1. Definitions for this Schedule
2. Establishment of Public Service Co-ordinating Bargaining Council
3. Establishment of bargaining councils in sectors
Schedule 2 : Guidelines for Constitution of Workplace Forum
1. Introduction
2. Number of seats in workplace forums
3. Distribution of seats to reflect occupational structure
4. Elections
5. Terms of office
6. Meetings of workplace forum
7. Time off for members of workplace forum
8. Facilities to be provided to workplace forum
9. Experts
10. Establishment of co-ordinating and subsidiary workplace forums
Schedule 3 : Commission for Conciliation, Mediation and Arbitration
1. Remuneration and allowances of members of governing body
2. Resignation and removal from office of member of governing body
3. Vacancies in governing body
4. Proceedings of governing body
5. Director of Commission
6. Bank account
7. Investment of surplus money
8. Accounting and auditing
9. Annual report
Schedule 4 : Dispute Resolution: Flow Diagrams
1. Freedom of Association
2. Organisational Rights
3. Collective Agreements
4. Collective Agreements (Agency Shop and Closed Shop Agreements)
5. Councils
6. Strikes and Lock-outs (Not in compliance with the Act)
7. Picketing
8. Essential Services (Dispute of interest in essential service)
9. Workplace Forum -1 (Joint Decision Making)
10. Unfair Dismissal - 1 (Automatically unfair reasons)
11. Unfair Dismissal - 2 (Strikes and reasons related to closed shops)
12. Unfair Dismissal - 3 (Misconduct / incapacity)
13. Unfair Dismissal - 4 (Operational Requirements)
14. Unfair Labour Practice
Schedule 5 : Amendment of Laws
1. Amendment of section 1 of Basic Conditions of Employment Act
2. Amendment of section 35 of Occupational Health and Safety Act, 1993
3. Amendment of Section 2 of Pension Funds Act, 1956
4. Amendment of Section 2 of Medical Schemes Act, 1967
5. Amendment of Section 1 of Insurance Act, 1943
6. Amendment of Section 2 of Friendly Societies Act, 1956
7. Amendment of Section 3 of Friendly Societies Act, 1956
Schedule 6 : Laws repealed by Section 212
Schedule 7 : Transitional Arrangements
Part A : Definitions for this Schedule
1. Definitions
Part B : Unfair Labour Practices
2. [Deleted] Residual unfair labour practices
3. [Deleted] Disputes about unfair labour practices
4. [Deleted] Powers of Labour Court and Commission
Part C : Provisions concerning existing Trade Unions, Employers' Organisations, Industrial Councils and Conciliation Boards
5. Existing registered trade unions and employers' organizations
6. Pending applications by trade unions or employers' organisations for registration, variation of scope, alteration of constitution or name
7. Industrial councils
8. Pending applications by industrial councils for registration and variation of scope
8A. Pending enquiries by industrial registrar
9. Pending applications by industrial councils for alteration of constitution or name
10. Pending applications for admission of parties to industrial councils
11. Pending applications to wind up and cancel registration of trade unions, employers' organisations and industrial councils
12. Existing agreements and awards of industrial councils and conciliation boards
12A. Designated Agents
13. Existing agreements including recognition agreements
Part D : Matters concerning Public Service
14. Public Service Bargaining Council
15. Collective agreements in the public service
16. Education Labour Relations Council
17. Education sector collective agreements
18. Negotiating Forums in South African Police Service
19. Collective agreement in South African Police Service
20. Consequences for public service bargaining institutions when Public Service Co-ordinating Bargaining Council is established
Part E : Disputes and Courts
21. Disputes arising before commencement of this Act
21A. Dispute Resolution by Councils before their Accreditation
22. Courts
22A. Minister may authorise Commission to perform industrial court's functions
Part F : Pension Matters
23. Continuation of existing Pension rights of staff members of Commission upon assuming employment
Part G : Essential Services
24. Essential services in the public sector
25. Essential services provided for in the Labour Relations Act
Part H : Transitional Provisions arising out of the Application of the Labour Relations Amendment Act, 2002
26. Definitions
27. Representation in conciliation and arbitration
28. Order for costs in arbitration
29. Arbitration in terms of section 33A
30. Unfair Labour Practice
31. Bargaining councils in public service
32. Expedited applications in terms of section 189A(13)
Schedule 8 : Code of Good Practice: Dismissal
1. Introduction
2. Fair reasons for dismissal
3. Disciplinary measures short of dismissal
4. Fair procedure
5. Disciplinary records
6. Dismissals and industrial action
7. Guidelines in cases of dismissal for misconduct
8. Probation
9. Guidelines in cases of dismissal for poor work performance
10. Incapacity: Ill health or injury
11. Guidelines in cases of dismissal arising from ill health or injury
Schedule 9 : Model Constitution for a Statutory Council
1. Name
2. Registered scope
3. Powers and functions
4. Parties
5. Appointment of representatives
6. Council meetings
7. Executive committee
8. Other committees
9. Chairperson and deputy chairperson
10. Officials and employees
11. Panels of conciliators and arbitrators
12. Disputes referred to council for conciliation
13. Disputes referred to council for arbitration
14. Procedure for negotiation of collective agreements
15. Finances
16. Winding-up
17. Changing constitution
18. Necessary first steps
19. Definitions
Annexure
Schedule 10 : Powers of Designated Agent of Bargaining Council
Regulations
Labour Relations Regulations in terms of section 208
Notice No. R. 1016 of 2014
A. Index of Labour Relations Regulations
1. Definitions
2. Services
3. Subpoenas
4. Witness fees
5. Access to documents
6. Fees for documents
7. Form of requests and applications
8. Form of certificates or particulars
9. Form of notices, demands and appeals
10. Forms of records, reports, statements, lists and registers
11. Form of proposals, resolutions and referrals
12. Labour Court
13. Chief Director: Provincial Operations, Department of Labour
14. Regional Offices of the CCMA
14A. Repeal and savings
15. Short title and commencement
B. Index of Forms Annexed to Regulations
1. Organised according to sequence of the Act
Chapter 1 - Purpose, Application and Interpretation
Chapter 2 - Freedom of Association and General Protections
Chapter 3 - Collective Bargaining
Chapter 4 - Strikes and Lock-outs
Chapter 5 - Workplace Forums
Chapter 6 - Trade Unions and Employers' Organisations
Chapter 7 - Dispute Resolution
Chapter 8 - Unfair Dismissal
Chapter 9 - General Provisions
2. Organised according to activities and Organisations
Arbitration
Bargaining Council
CCMA
Collective Agreements
Conciliation
Conscientious objectors
Employers
Employers' Organisations
Essential Service
Maintenance Service
NEDLAC
Picketing
Public Service
Statutory Council
Strike
Subsidy
Trade Unions
Workplace Forum
Forms
Chapter 1 : Purpose, Application and Interpretation
Chapter 2 : Freedom of Association and General Protections
Chapter 3 : Collective Bargaining
LRA Form 3.1 - Conscientious objector requests agency fee to be paid to Department
LRA Form 3.2 - List of deductions from conscientious objectors' wages
LRA Form 3.3 - Application for registration of a Bargaining Council
LRA Form 3.3 (Page 1)
LRA Form 3.3 (page 2)
LRA Form 3.3 (Page 3)
LRA Form 3.3 (Page 4)
LRA Form 3.3 (Page 5)
LRA Form 3.3 (Page 6)
LRA Form 3.4 - Certificate of registration of Bargaining Council
LRA Form 3.5 - Bargaining Council requests requests extension of collective agreement to non-parties
LRA Form 3.5 (Page 1)
LRA Form 3.5 (Page 2)
LRA Form 3.5 (Page 3)
LRA Form 3.5 (Page 4)
LRA Form 3.5 (Page 5)
LRA Form 3.5A - Statutory Council requests extension of collective agreement to non-parties
LRA Form 3.5A (Page 1)
LRA Form 3.5A (Page 2)
LRA Form 3.5A (Page 3)
LRA Form 3.5A (Page 4)
LRA Form 3.5A (Page 5)
LRA Form 3.5A (Page 6)
LRA Form 3.6 - Council requests to extend period of, or renew, collective agreement extended to non-parties
LRA Form 3.6 (Page 1)
LRA Form 3.6 (Page 2)
LRA Form 3.6 (Page 3)
LRA Form 3.6 (Page 4)
LRA Form 3.6 (Page 5)
LRA Form 3.6A - Council request to renew and extend a Funding Collective Agreement
LRA Form 3.7 - Council requests cancellation of notice extending collective agreement to non-parties
LRA Form 3.8 - Council requests appointment of designated agent
LRA Form 3.9 - Certificate of appointment as designated agent of a Council
LRA Form 3.10 - Subpoena by designated agent
LRA Form 3.10A - Subpoena by Council Arbitrator
LRA Form 3.11 - Amalgamating Bargaining Council applies for registration
LRA Form 3.11 (Page 1)
LRA Form 3.11 (Page 2)
LRA Form 3.11 (Page 3)
LRA Form 3.11 (Page 4)
LRA Form 3.11 (Page 5)
LRA Form 3.12 - Referring Public Service jurisdictional disputes for conciliation
LRA Form 3.12 (Page 1)
LRA Form 3.12 (Page 2)
LRA Form 3.13 - Referring Public Service jurisdictional disputes for arbitration
LRA Form 3.13 (Page 1)
LRA Form 3.13 (Page 2)
LRA Form 3.14 - Trade Union applies for establishment of a Statutory Council
LRA Form 3.14 (Page 1)
LRA Form 3.14 (Page 2)
LRA Form 3.14 (Page 3)
LRA Form 3.15 - Employers' Organisation applies for establishment of a Statutory Council
LRA Form 3.15 (Page 1)
LRA Form 3.15 (Page 2)
LRA Form 3.15 (Page 3)
LRA Form 3.16 - Certificate of registration of a Statutory Council
LRA Form 3.17 - Submission of collective agreement of Statutory Council to Minister for promulgation as a determination
LRA Form 3.18 - Statutory Council requests Minister to amend or extend period of determination
LRA Form 3.19 - Statutory Council applies to register as a Bargaining Council
LRA Form 3.19 (Page 1)
LRA Form 3.19 (Page 2)
LRA Form 3.19 (Page 3)
LRA Form 3.19 (Page 4)
LRA Form 3.20 - Council submits particulars of representativeness of its registered scope
LRA Form 3.20 (Page 1)
LRA Form 3.20 (Page 2)
LRA Form 3.20 (Page 3)
LRA Form 3.20 (Page 4)
LRA Form 3.20A - Council submits particulars of representativeness of parties to a collective agreement
LRA Form 3.20A (Page 1)
LRA Form 3.20A (Page 2)
LRA Form 3.20A (Page 3)
LRA Form 3.20A (Page 4)
LRA Form 3.20B - Council submits particulars of Small Enterprises
LRA Form 3.20B (Page 1)
LRA Form 3.20B (Page 2)
LRA Form 3.20C - Council submits particulars of exemptions and enforcement
LRA Form 3.20C (Page 1)
LRA Form 3.20C (Page 2)
LRA Form 3.20C (Page 3)
LRA Form 3.21 - Certificate of representativeness of Council
LRA Form 3.21A - Certificate of representativeness of parties to a collective agreement
LRA Form 3.22 - Council applies for variation of scope of registration
LRA Form 3.22 (Page 1)
LRA Form 3.22 (Page 2)
LRA Form 3.22 (Page 3)
LRA Form 3.22 (Page 4)
LRA Form 3.23 - Application about demarcation dispute
LRA Form 3.23 (Page 1)
LRA Form 3.23 (Page 2)
LRA Form 3.23 (Page 3)
Facilitation Regulations, 2002
Notice No. R. 941 of 2002
1. How to request facilitation
2. Notice of first meeting of facilitation
3. Conduct of first facilitation meeting
4. Powers and duties of a facilitator
5. Power to order disclosure of information
6. Facilitation meetings
7. Status of facilitation proceedings
8. Panel of facilitators
9. Referral of dispute to Labour Court
10. Agreement
11. Definitions
12. Short title
Picketing Regulations
Notice No. R. 1393 of 2018
1. Definitions
2. Agreement on picketing rules
3. Determining picketing rules
4. Binding nature of the picketing rules
5. Distribution of picketing rules
Default Picketing Rules
Notes
1. Legal Context
2. Purpose of the Picket
3. Circumstances of Workplace
4. Location of Picket
5. Details of Picket
6. Nature and Conduct of Picket
7. Control of Pickets
8. Employer Conduct
9. Picketing on Employer's Premises
10. Dispute Resolution
11. Police Involvement
12. Termination
Annexures
Annexure A : Description of Place or Places for the Picket
Annexure B : Names and Details of Participants
Essential Service Committee Regulations
Notice No. R. 2654 of 2022
Part A - Essential Service Investigation
1. Request for investigation
2. Representations to Committee
3. Notice of hearing
4. Pre-hearing conference
5. Persons appointed to assist Committee conduct investigation
6. Inspection and copying of representations
7. Hearing of evidence
8. Variation or cancellation of the whole or part of a designation of an essential service
Part B - Disputes and Referrals
9. Disputes about whether a service is an essential service
10. Determination of minimum services
11. Ratification of collective agreement providing for maintenance of minimum services
12. Application for maintenance service determination
13. Conduct of hearings in terms of section 73 or 75 of the Act
Part C - General Provisions
14. Appointment of panels
15. Condonation
16. Service and filing of documents
17. Powers of Committee
18. Recordings of Committee's proceedings
19. A How to join or substitute parties to proceedings
20. How to correct the citation of a party
22. When the ESC may consolidate disputes
23. Disclosure of documents
24. How to postpone ESC proceedings
25. How to seek condonation for documents delivered late
26. Definitions
27. Short title and commencement
Notices
Notice published by the Essential Services Committee
Notice No. 1216 of 1997
Notice No. 237 of 2018
Notice No. 271 of 2019
Notice No. 122 of 2021
General Notice 2190 of 2023
Cancellation of Registration of a Bargaining Council
Notice No. 3 of 2012
Cancellation of Registration of a Trade Union
Notice No. 114 of 2008
Notice No. 115 of 2008
Notice No. 116 of 2008
Notice No. 117 of 2008
Notice No. 118 of 2008
Notice No. 143 of 2008
Notice No. 146 of 2008
Notice No. 147 of 2008
Notice No. 148 of 2008
Notice No. 447 of 2008
Notice No. 1537 of 2021
Notice No. R. 1813 of 2022
Notice No. 2365 of 2022
Notice No. 2422 of 2022
Notice No. R. 2483 of 2022
Notice No. 2535 of 2022
General Notice 1736 of 2023
Notice No. R. 3557 of 2023
Notice No. 2072 of 2023
Notice No. 2073 of 2023
Proclamation 140 of 2023
Proclamation 141 of 2023
Notice No. R. 3988 of 2023
Notice No. R. 4063 of 2023
Cancellation of Registration of an Employers' Organisation
Notice No. 446 of 2008
Notice No. R. 225 of 2020
Notice No. 1468 of 2022
Notice No. R. 4489 of 2024
Change of Name of a Trade Union
Notice No. 272 of 2021
Notice No. 1597 of 2021 - Correction Notice
Notice No. 1080 of 2022
Notice No. R. 4112 of 2023
Change of Name of an Employer Organisation
Notice No. R. 1891 of 2022
Registration of an Employers' Organisation
Notice No. R. 2700 of 2022
Notice No. R. 3942 of 2023
Registration of a Trade Union
Notice No. R. 1002 of 2021
Notice No. 602 of 2021
Notice No. R. 1078 of 2021
Notice No. 1517 of 2021
Notice No. 2333 of 2022
Notice No. R. 2653 of 2022
Notice No. R. 2882 of 2022
Notice No. R. 3689 of 2023
Notice No. 3840 of 2023
Notice No. R. 4037 of 2023
Notice No. R. 4509 of 2024
Bargaining Council for the Building Industry
Bloemfontein
Extension of Collective Agreement to Non-Parties
Notice No. R. 221 of 2008
Schedule
1. Scope of Application
2. Period of Operation
3. Definitions
4. Registration of Employers
5. Labour-Only Sub-Contractors
6. Registration of Employees
7. Terms of Employment
8. Remuneration
9. Wage Payment Procedure
10. Safety Provisions
11. Holiday Fund
12. Provident Fund
13. Trade Union Rights
14. Designated Agents
15. Dispute Resolution Procedure
16. Expenses of the Council
17. Accounting and Auditing
18. Exemptions
19. General
Extension of Amendment of Collective Agreement to Non-parties
Notice No. R. 134 of 2012
1. Scope of Application
2. Period of Operation of Agreement
Notice No. 264 of 2013
Notice No. R. 980 of 2016
Schedule
1. Scope of Application
2. Period of Operation of Agreement
Renewal of Period of Operation of the Collective Agreement
Notice No. R. 265 of 2013
Schedule
1. Scope of Application
2. Period of Operation of Agreement
Kimberley
Extension of Amendment of Collective Agreement to Non-parties
Notice No. R. 948 of 2012
Schedule
1. Scope of Application
3. Appendixes
Schedules
Wage per hour
New Wagebands Kimberley Artisans and Craftsmen
New Wagebands Kimberley Non Artisans
New Wagebands Gordonia Artisans and Craftsmen
New Wagebands Gordonia Non Artisans
Renewal of Period of Operation of Electrical Installation Section Collective Agreement
Notice No. R. 949 of 2012
Extension of Amendment of Electrical Installation Section Collective Agreement to Non-parties
Notice No. R. 950 of 2012
North and West Boland
Extension of Collective Agreement to Non-parties
Notice No. R. 120 of 2019
Schedule
1. Scope of Application
2. Period of Operation of Agreement
3. Industrial Action
4. Definitions
5. Levels of Bargaining
6. Registration of Employers
7. Registration of Employees
8. Employment Standards
9. Conditions of Service
10. Remuneration
11. Wage Payment Procedure
12. Storage and provision of tools
13. Fringe Benefits
14. Holiday Fund
15. Retirement Funds
16. Sick Leave and Family Responsibility Leave Benefit Fund for the Building Industry
17. Saving Fund
18. Audit and Accounting
19. Expenses of the Council
20. Trade Union deductions
21. Special Membership Levy: Employers
22. General
23. Exemptions
24. Procedure for the resolution of disputes
25. Dispute settlement fine
26. Arbitrations
27. Notice Board
28. Training Fund of the Employers' Organisations
29. Funeral Benefit
Annexures
Annexure A: Rules as amended by the CCMA in the Labour Relations Act 66 of 1995 updated on November 2019 shall apply for Building Industry Bargaining Council and as well as any further amendments
Part A: Serving and Filing Documents
1. Council addresses at which documents must be filed
2. How to calculate time periods
3. Who must sign documents
4. How to serve documents on other parties
5. How to prove that a document was served in terms of the Rules
6. How to file documents with the Council
7. Documents and notices sent by registered post
8. How to seek condonation for documents delivered late
Part B: Conciliation of Disputes
9. How to refer a dispute to the Council for conciliation
10. The notice the Council is to give of a conciliation hearing
11. Council may seek to resolve a dispute before a conciliation hearing
12. What happens if a party fails to attend or is not represented at a conciliation hearing
13. How to determine whether or not a Council commissioner may conciliate a dispute
14. Issuing of a certificate in terms of section 135(5) of the Act
15. Conciliation proceedings may not be disclosed
Part C: Con-Arb
16. Conduct of con-arb in terms of section 191(5A) of the Act
Part D: Arbitrations
17. How to request arbitration
18. When parties may be directed to file statements
19. When parties may be directed to hold a pre-arbitration conference
20. What notice the Council is to give of an arbitration hearing
21. How to determine whether a Council commissioner may arbitrate a dispute
22. How to postpone an arbitration
Part E: Rules that apply to Conciliations, Arbitrations and Con-Arbs
23. Who may represent a party at the Council
24. How to join or substitute parties to proceedings
25. How to correct the citation of a party
26. When the Council may consolidate disputes
27. Disclosure of documents
28. What happens if a party fails to attend proceedings in rights disputes
29. What happens if a party fails to attend proceedings in interest disputes
Part F: Applications
30. How to bring an application
31. How to apply to vary or rescind arbitration awards or rulings
32. How to refer a dismissal dispute to the Labour Court
Part G: Predismissal Arbitrations
33. How to request a pre-dismissal arbitration in terms of section 188A of the Act
Part H: General
34. Unrepresented applicants without postal addresses and fax numbers
35. Condonation for failure to comply with the Rules
36. Recordings of Council proceedings
37. How to have a subpoena issued
38. Payment of witness fees
39. Taxation of bills of cost
40. What words mean in these Rules
[Cancelled] Extension of Main Amending Collective Agreement to Non-parties
Notice No. R. 1397 of 2020
Schedule
1. Scope of Application
1A. Period of Operation
Cancellation of Government Notice
Notice No. R. 4189 of 2023
Extension of Main Amending Collective Agreement to Non-parties
Notice No. R. 4190 of 2023
Schedule
1. Scope of Application
2. Period of Operation
Cape of Good Hope
Cancellation of Government Notice
Notice No. 993 of 2012
Extension to Non-parties
Notice No. 994 of 2012
1. Scope of Application
2. Period of Operation of Agreement
2A. Special Provisions
2B. General Provisions
3. Clause 4: Definitions
4. Clause 7: Registration of Employees
5. Clause 8: Terms of Employment
6. Clause 9: Remuneration
7. Clause 13: Holiday Fund
8. Clause 14: Pension/Provident Fund
9. Clause 15: Sick Pay Fund
10. Clause 18: Trade Union Subscriptions
11. Clause 19. Special Membership Levy: Employers
12. Clause 22: General
13. Clause 25: Resolution of Disputes
Re-enactment and Amendment of Main Collective Agreement, 2016
1. Scope of Application
2. Period of Operation of Agreement
3. Industrial Action
4. Definitions
5. Levels of Bargaining
6. Registration of Employers
6A. Compliance by Employers, Subcontracting and use of Temporary Employment Services
7. Registration of Employees
8. Terms of Employment
9. Remuneration
10. Wage Payment Procedure
11. Storage and Provision of Tools
12. Benefits
13. Holiday Fund
14. Pension/Provident Fund
15. Sick Pay Fund
16. Audit and Accounting
17. Expenses of the Council
18. Trade Union Subscriptions
19. Special Membership Levy : Employers
20. Master Builders Association (MBA) Skills and Education Trust
21. Western Province Building and Allied Trades' Sick Fund
22. General
23. Exemptions
24. Medical Aid Fund
25. Resolution of Disputes
26. Powers of Designated Agents and Appointed Conciliators and Arbitrators
27. Compliance Committee
28. Negotiations by Area
Annexure A : Rules
Part A : Serving and Filing Documents
1. Council addresses at which documents must be filed
2. How to calculate time periods
3. Who must sign documents
4. How to serve documents on other parties
5. How to prove that a document was served in terms of the Rules
6. How to file documents with the Council
7. Documents and notices sent by registered post
8. How to seek condonation for documents delivered
Part B : Conciliation of Disputes
9. How to refer a dispute to the Council for conciliation
10. The notice the Council is to give of a conciliation hearing
11. Council may seek to resolve a dispute before a conciliation hearing
12. What happens if a party fails to attend or is not represented at a conciliation hearing
13. How to determine whether or not Council commissioner may conciliate a dispute
14. Issuing a certificate in terms of section 135(5) of the Act
15. Conciliation proceedings may not be disclosed
Part C : Con-arb
16. Conduct of con-arb in terms of section 191 (5A) of the Act
Part D : Arbitrations
17. How to request arbitration
18. When parties may be directed to file statements
19. When parties may be directed to hold a pre-arbitration conference
20. What notice the Council is to give of an arbitration hearing
21. How to determine whether a Council commissioner may arbitrate a dispute
22. How to postpone an arbitration
Part E : Rules that apply to Conciliations, Arbitrations and Con-arbs
23. Who may represent a party at the Council
24. How to join or substitute parties to proceedings
25. How to correct the citation of a party
26. When the Council may consolidate disputes
27. Disclosure of documents
28. What happens if a party fails to attend proceedings in rights disputes
29. What happens if a party fails to attend proceddings in interest disputes
Part F : Applications
30. How to bring an application
31. How to apply to vary or rescind awards or rulings
32. How to refer a dismissal dispute to the Labour Court
Part G : Predismissal Arbitrations
33. How to request a pre-dismissal arbitration in terms of section 188A of the Act
Part H : General
34. Unrepresented applicants without postal addresses and fax numbers
35. Condonation for failure to comply with the Rules
36. Recordings of Council proceedings
37. How to have a subpoena issued
38. Payment of witness fees
39. Taxation of bills of cost
40. What words mean in these Rules
Schedule 1
[Cancelled] Extension of Main Amending Collective Agreement to Non-parties
Notice No. R. 1513 of 2019
Schedule
Chapter One : Scope of Application, Period of Application, Industrial Action, Levels of Bargaining and Definitions
1. Scope of Application
2. Period of Operation of Agreement
3. Industrial Action
4. Levels of Bargaining
5. Definitions
Chapter Two : General Duties of Employers and Sub-Contracting Parties
6. Registration of Employers
7. Compliance by Employers, Subcontracting and Use of Temporary Employment Services
8. Registration of Employees
9. Wage Payment Procedure
10. Record Keeping
11. Storage and Provision of Tools
12. Shelter and Ablution Facilities
13. Notice Board
14. Health and Safety
Chapter Three : Categories of Employment
15. General Provisions
16. Learner/Apprenticeship
17. Artisans
Chapter Four : Minimum Wages, Wage and Benefit Parity
18. Wage Parity
19 Minimum Basic Wages
Chapter Five : Terms of Employment
20. Ordinary Hours of Work
21. Overtime
22. Flexible Working Hours
23. Intervals/Lunch and Tea Breaks
24. Shift Work
25. Public Holidays
26. Dangerous Work
27. Overnight Allowance and Accommodation
28. Transport for Employees
29. Performance Standards Contracts
30. Probationary Period
Chapter Six : Employee Benefit Schemes
31. Employee Benefits: General Provisions
32. Holiday Fund and Bonus Fund
33. Pension/Provident Fund
34. Sick Pay Fund
35. Medical Aid Fund
Chapter Seven : Leave
36. Maternity Leave
37. Family Responsibility Leave
38. Leave for Trade Union Activities
39. Annual Leave
40. Sick Leave
Chapter Eight : Termination of Employment
41. Termination of Contract of Employment
42. Lay-off and Suspension
43. Retrenchment
Chapter Nine : Council Administration
44. Audit and Accounting
45. Expenses of the Council
46. Exhibition of Agreement
47. Value Added Tax (VAT)
Chapter Ten : Party Arrangements
48. Trade Union Subscriptions
49. Trade Union Access
50. Special Membership Levy : Employers
51. Master Builders Association (MBA) Skills and Education Trust
52. Western Province Building and Allied Trades' Sick Fund
Chapter Eleven : Compliance and Monitoring of The Collective Agreement
53. Procedure to enforce Compliance with this Agreement
54. Powers of Designated Agents
55. Arbitration Procedures to enforce Compliance with this Agreement
56. Powers of an Arbitrator
57. Fines, Arbitration Costs and Interest
58. Procedure for the Resolution of Disputes about the Application or Interpretation of this Agreement
59. Compliance Committee
60. Exemptions
Annexure A : Rules for Conciliating and Arbitrating Disputes in the Building Industry Bargaining Council (Rules)
Arrangement of Rules
Part A : Serving and Filing Documents
1. Council addresses at which documents must be filed
2. How to calculate time periods
3. Who must sign documents
4. How to serve documents to other parties
5. How to prove that a document was served in terms of the Rules
6. How to file documents with the Council
7. Documents and notices sent by registered post
8. How to seek condonation for documents delivered late
Part B : Conciliation of Disputed
9. How to refer a dispute to the Council for conciliation
10. The notice the Council is to give of a conciliation hearing
11. Council may seek to resolve a dispute before a conciliation hearing
12. What happens if a party fails to attend or is not represented at a conciliation hearing
13. How to determine whether or not Council commissioner may conciliate a dispute
14. Issuing a certificate in terms of section 135(5) of the Labour Relations Act, 1995
15. Conciliation proceedings may not be disclosed
Part C : Con-Arb
16. Conduct of con-arb in terms of section 191(5A) of the Labour Relations Act, 1995
Part D : Arbitrations
17. How to request arbitration
18. When parties may be directed to file statements
19. When parties may be directed to hold a pre-arbitration conference
20. What notice the Council is to give of an arbitration hearing
21. How to determine whether a Council commissioner may arbitrate a dispute
22. How to postpone an arbitration
Part E : Rules that apply to Conciliations, Arbitrations and Con-Arbs
23. Who may represent a party at the Council
24. How to join or substitute parties to proceedings
25. How to correct the citation of a party
26. When the Council may consolidate disputes
27. Disclosures of documents
28. What happens if a party fails to attend proceedings in rights disputes
29. What happens if a party fails to attend proceedings in interest disputes
Part F : Applications
30. How to bring an application
31. How to apply to vary or recind arbitration awards or rulings
32. How to refer a dismissal dispute to the Labour Court
Part G : Predismissal Arbitrations
33. How to request a pre-dismissal arbitration in terms of section 188A of the Labour Relations Act, 1995
Part H : General
34. Unrepresented applicants without postal addresses and fax numbers
35. Condonation for failure to comply with the Rules
36. Recordings of Council proceedings
37. How to have a subpoena issued
38. Payment of witness fees
39. Taxation of bills of cost
40. What words mean in these Rules
Schedule 1 : Registered Addresses of the Council
[Cancelled] Extension of Period of Operation of the Main Collective Agreement
Notice No. R. 224 of 2020
[Cancelled] Extension of Period of Operation of the Main Collective Agreement
Notice No. R. 2675 of 2022
Cancellation of Government Notices
Notice No. R. 3665 of 2023
Extension to Non-parties of the Main Consolidated Collective Agreement
Notice No. R. 3667 of 2023
Schedule
Chapter One: Scope of Application, Period of Application, Industrial Action, Levels of Bargaining and Definitions
1. Scope of Application
2. Period of Operation of Agreement
3. Industrial Action
4. Levels of Bargaining
5. Definitions
5A. General Definitions
5B. Registered Categories of Employment
5C. Trades and Occupations
Chapter Two: General Duties of Employers and Sub-Contracting Parties
6. Registration of Employers
7. Compliance by Employers, Subcontracting and use of Temporary Employment Services
8. Registration of Employees
9. Wage Payment Procedure
10. Record Keeping
11. Storage and Provision of Tools
12. Shelter and Ablution Facilities
13. Notice Board
14. Health and Safety
Chapter Three: Categories of Employment
15. General Provisions
16. Learner / Apprenticeship
17. Artisans
Chapter Four: Minimum Wages, Wage and Benefit Parity
18. Minimum Basic Wages
Chapter Five: Terms of Employment
19. Ordinary Hours of Work
20. Overtime
21. Flexible Working Hours
22. Intervals / Lunch and Tea Breaks
23. Shift Work
24. Public Holidays
25. Overnight Allowance and Accommodation
26. Transport for Employees
27. Performance Standard Contracts
28. Probationary Period
Chapter Six: Employee Benefit Schemes
29. Employee Benefits: General Provisions
30. Holiday and Bonus Fund
30A. Holiday Fund
30B. Bonus Fund
31. Pension Scheme / Provident Fund
32. Sick Pay Fund
33. Medical Aid Fund
Chapter Seven: Leave
34. Maternity Leave
34A. Parental Leave
35. Family Responsibility Leave
36. Leave for Trade Union Activities
37. Annual Leave
38. Sick Leave
Chapter Eight: Termination of Employment
39. Termination of Contract of Employment
40. Temporary Lay-Off
41. Retrenchment
Chapter Nine: Council Administration
42. Audit and Accounting
43. Expenses of Council
44. Exhibition of Agreement
45. Value Added Tax (VAT)
Chapter Ten: Party Arrangements
46. Trade Union Subscriptions
47. Trade Union Access
48. Special Membership Levy: Employers
49. Master Builders Association (MBA) Skills and Education Trust
Chapter Eleven: Compliance, Monitoring and Exemptions
50. Procedure to enforce Compliance with this Agreement
51. Powers of Designated Agents
52. Arbitration procedures to enforce Compliance with this Agreement
53. Powers of an Arbitrator
54. Fines, Arbitration Costs and Interest
55. Procedure for the Resolution of Disputes about the Application or Interpretation of this Agreement
56. Compliance Committee
57. Exemptions
Annexure A: Rules for Conciliating and Arbitrating disputes in the Building Industry Bargaining Council (Rules)
Part A: Serving and Filing Documents
1. Council contact details and addresses at which documents must be filed
2. How to calculate time periods
3. Who must sign documents
4. How to serve documents on other parties
5. How to prove that a document was served in terms of the Rules
6. How to file documents with the Council
7. Documents and notices sent by registered post
8. How to seek condonation for documents delivered
Part B: Conciliation of Disputes
9. How to refer a dispute to the Council for conciliation
10. When must the Council notify the parties of a conciliation hearing
11. The Council may seek to resolve a dispute before a conciliation hearing
12. What happens if a party fails to attend or is not represented at a conciliation hearing
13. How to determine whether or not a Council arbitrator may conciliate a dispute
14. Extension of the conciliation period in terms of Section 135(2A) of the Act and the issuing of a certificate in terms of section 135(5) of the Act
15. Conciliation proceedings may not be disclosed
Part C: Con-Arb
16. Conduct of con-arb in terms of section 191(5A) of the Act
Part D: Arbitrations
17. How to request arbitration
18. When parties may be directed to file statements
19. When parties may be directed to hold a pre-arbitration conference
20. What notice the Council is to give of an arbitration hearing
21. How to determine whether or not a Council arbitrator may arbitrate a dispute
22. How to postpone an arbitration
Part E: Rules that apply to Conciliations, Arbitrations and Con-Arbs
23. Who may represent a party before the Council
24. How to join or substitute parties to proceedings
25. How to correct the citation of a party
26. When the Council may consolidate disputes
27. Disclosure of documents
28. What happens if a party fails to attend arbitration proceedings
Part F: Applications
29. How to bring an application
30. How to apply to vary or rescind arbitration awards or rulings
31. How to refer a dismissal dispute to the Labour Court
Part G: Pre-Dismissal Arbitrations
32. How to request an inquiry in terms of section 188A of the Act
Part H: General
33. Unrepresented applicants without email addresses, postal addresses or fax numbers
34. Condonation for failure to comply with the Rules
35. Recordings of Council proceedings
36. How to have a subpoena issued and served
37. Expert witnesses
38. Payment of witness fees
39. Costs orders and taxation of bills of cost
40. Payment of an arbitration fee ordered in terms of section 140 of the Act
41. What words mean in these Rules
Schedule 1: Registered Addresses of the Council
Bargaining Council for the Canvas Goods Industry
Gauteng
Extension to Non-Parties of the Main Collective Agreement
Notice No. 325 of 2020
Schedule
1. Scope of Agreement
2. Period of Operation
2A. Definitions
3. Employees
4. Hours of Work
5. Leave and Public Holidays
6. Remuneration
7. Organisational Rights
8. Termination of Employment
9. Insurance of Wages in case of fire
10. Applications for Exemptions
11. Enforcement of Agreement and Resolution of Disputes
12. Agents
13. Amendments to this Agreement
14. Exhibition of Agreement
15. Contracts
16. Council Funds
17. Sick Fund
18. Registration of Employers and Employees
19. Records to be kept by Employers
20. Employees' Representatives on the Council
21. Prohibition of Cession of Benefits
22. Non or Late Payments
23. Revision of Wages
24. Legal Costs
25. Interest Clause
26. Costs and Fines
Annexures
Annexure A : Termination Letter
Annexure B : Record of Service of Employee in Canvas Goods Industry
Annexure C : Conciliation Guidelines
1. Introduction
2. Purpose of Guidelines
3. Applications for Condonation
4. Province in which dispute is conciliated
5. Jurisdictional Disputes
6. Discretion to assume jurisdiction
7. Failure to attend conciliation proceedings
8. Representation at conciliation proceedings
9. Application for postponement
10. Impartiality of Conciliators
11. Conclusion
Extension to Non-Parties of the Main Collective Amending Agreement
Notice No. R. 29 of 2021
Schedule
1. Scope of Agreement
2. Period of Operation
Extension to Non-Parties of the Main Collective Amending Agreement
Notice No. R. 2315 of 2022
Schedule
1. Scope of Agreement
2. Period of Operation
Bargaining Council for the Contract Cleaning Services Industry
Kwa-Zulu Natal
Variation of Scope of the Bargaining Council for the Contract Cleaning Services Industry (Kwa-Zulu Natal)
Notice No. R. 370 of 2019
Variation of Scope of the Bargaining Council for the Laundry, Cleaning and Dyeing Industry (Kwa-Zulu Natal)
Notice No. R. 400 of 2019
Main Collective Agreement : Extension to Non-parties
Notice No. 1076 of 2019
Schedule
1. Scope of Application of the Agreement
2. Period of Operation of Agreement
3. Definitions
4. Remuneration
5. Payment of Remuneration
6. Prohibition on further Negotiation
7. Regulation of Working Time
8. Annual Leave
9. Sick Leave
10. Public Holidays and Sundays
11. Study Leave and Qualifications
12. Maternity Leave
13. Prohibition of Piece-Work
14. Uniforms, Overalls, Protective Clothing and Safety Equipment
15. Night Work
16. Prohibition of Employment
17. Trade Union Subscriptions
18. Council Funding
19. Shop Steward Rights
20. Termination of Employment
21. Certificate of Service
22. Staff Records
23. Council Registration by Employers
24. Administration of the Agreement
25. Designated Agents
26. Exemptions and Appeals
27. Staff Transfers due to Transport Difficulties
28. Desertion and Absconding
29. Retirement
30. Provident Fund
31. Disputes about Interpretation, Application or Enforcement of Agreement
32. Certificate of Compliance
33. Company Priority List
34. Family Medical Crisis Plan
35. Severance Pay
Annexure : Family Crisis Health Plan : Option form cancelling membership
Extension of Period of Operation of the Main Collective Agreement
Notice No. 131 of 2020
Notice No. R. 910 of 2020
Extension to non-parties of the Main Collective Amending Agreement
Notice No. R. 1181 of 2020
Schedule
1. Scope of Application of the Agreement
2. Period of Operation of Agreement
Extension to non-parties of the Main Collective Amending Agreement
Notice No. 1726 of 2023
Schedule
1. Scope of Application of the Agreement
2. Period of Operation of Agreement
3. Definitions
4. Remuneration
5. Payment of Remuneration
6. Prohibition on further Negotiation
7. Regulation of Working Time
8. Annual Leave
9. Sick Leave
10. Public Holidays and Sundays
11. Study Leave and Qualifications
12. Maternity Leave
13. Prohibition of Piece-Work
14. Uniforms, Overalls, Protective Clothing and Safety Equipment
15. Night Work
16. Prohibition of Employment
17. Trade Union Subscriptions
18. Council Funding
19. Shop Steward Rights
20. Termination of Employment
21. Certificate of Service
22. Staff Records
23. Council Registration by Employers
24. Administration of the Agreement
25. Designated Agents
26. Exemptions and Appeals
27. Staff Transfers due to Transport Difficulties
28. Desertion and Absconding
29. Retirement
30. Provident Fund
31. Disputes about Interpretation, Application or Enforcement of Agreement
32. Certificate of Compliance
33. Company Priority List
34. Family Medical Crisis Plan
35. Severance Pay
Annexure : Family Crisis Health Plan : Option form cancelling membership
Bargaining Council for the Civil Engineering Industry
BCCEI: Extension of Construction Industry Retirement Benefit Fund Collective Agreement to non-parties
Notice No. R. 488 of 2014
Schedule
1. Scope of Application of Agreement
2. Period of Operation of Agreement
3. Definitions
4. Continuation of the Fund
5. Membership
6. Contributions
7. Administration of the Fund
8. Designated Agents
9. Exemptions
10. Resolution of Disputes
11. Exhibition of Agreement
12. Members' Benefits
13. Appendices to the Agreement
Appendix A : Exemption Application Guidelines
Appendix B : Exemption Procedure
Appendix C
Exemption Application Form
Proof of Consultation : Application for Exemption from the Bargaining Council for the Civil Engineering Industry
Employee / Trade Union Acknowledgement of this Application
Application for Exemption from the Bargaining Council for the Civil Engineering Industry
National Exemptions Policy for the Civil Engineering Industry
1. Introduction
2. Definitions
3. Fundamental Principles
4. Provident Fund Exemptions
5. Exemptions from payment of interest
6. General
7. Composition of The Exemptions Body
8. Chairperson of The Exemptions Body
9. Conduct of members of The Exemptions Body
10. Quorum
11. Decisions of The Exemptions Body
12. Meeting of The Exemptions Body
The Independent Exemptions Appeal Board Policy for the Bargaining Council for the Civil Engineering Industry
Chapter l : Introductory Provisions
1. Definitions
2. Purpose of the Policy
3. Application of the Policy
4. Nature of appeal
5. Criteria on appeal
Chapter ll : The Board
1. Purpose of Board
2. Composition of Board
3. Chairperson of Board
4. Conduct of members of Board
5. Quorum
6. Decisions of Board
7. Meetings of Board
Chapter lll : Appeal Procedures
1. Lodging an appeal
2. Duty of council on receipt of an appeal
3. Incomplete applications
4. Answering submissions by other interested parties
5. New evidence
6. Condonation
7. Oral submissions
8. Board meetings open to public
9. Finding and reasons for decision
BCCEI: Registration and Administration Expenses Collective Agreement
[Cancelled] Extension of Registration and Administration Expenses Collective Agreement to Non-Parties
Notice No. R. 490 of 2014
Schedule
Part I : Scope and Application of the Agreement
1. Application of Agreement
2. Scope of the Civil Engineering Industry
3. Definitions and expressions
3. Period of operation of the agreement
4. Objective
Part II
1. Contributions
Part III
1. Registration
Part IV
1. Administration of Agreement
2. Designated agents
3. Exemptions
4. Resolution of disputes
Appendixes
Appendix A : Application for Registration with the Bargaining Council for the Civil Engineering Industry
Appendix B : National Exemptions Policy for the Bargaining Council for the Civil Engineering Industry
1. Introduction
2. Definitions
3. Fundamental Principles
4. Provident Fund Exemptions
5. Exemptions from payment of interest
6. General
7. Composition of The Exemptions Body
8. Chairperson of The Exemptions Body
9. Conduct of members of The Exemptions Body
10. Quorum
11. Decisions of The Exemptions Body
12. Meetings of The Exemptions Body
Appendix C : The Independent Exemptions Appeal Board Policy for the Bargaining Council for the Civil Engineering Industry
Chapter I : Introductory Provisions
1. Definitions
2. Purpose of the Policy
3. Application of the Policy
4. Nature of appeal
5. Criteria on appeal
Chapter II : The Board
1. Purpose of the Board
2. Composition of Board
3. Chairperson of the Board
4. Conduct of members of Board
5. Quorum
6. Decisions of Board
7. Meetings of Board
Chapter III : Appeal Procedures
1. Lodging an appeal
2. Duty of Council on receipt of appeal
3. Incomplete Applications
4. Answering submissions by other interested parties
5. New evidence
6. Condonation
7. Oral submissions
8. Board meetings open to public
9. Finding and reasons for decision
Cancellation of Government Notice R.490 of 2014
[Cancelled] Extension of Registration and Administration Expenses Collective Agreement to Non-Parties
Notice No. R.1106 of 2018
Schedule
Preamble
Part l : Scope and Application of the Agreement
1. Application of Agreement
2. Scope of the Civil Engineering Industry
3. Definitions and expressions
3. Period of operation of the agreement
4. Objective
Part ll
1. Contributions
Part lll
1. Registration
Part IV
1. Administration of Agreement
2. Agents
3. Exemptions
4. Resolution of disputes
Appendices
[Deleted] Appendix A : National Exemptions and Appeal Policy for the Civil Engineering Industry
Appendix B : Bargaining Council for the Civil Engineering Industry: Exemption and Appeal Policy
1. Exemption Guidelines
Exemption Procedure
Exemption Application Form
Proof of Consultation
Employee/Trade Union Acknowledgement of this Application
Application for Exemption from The Bargaining Council for the Civil Engineering Industry
National Exemptions Policy for the Civil Engineering Industry
1. Introduction
2. Definitions
3. Fundamental Principles
4. Provident Fund Exemptions
5. Exemptions from payment of interest
6. General
7. Composition of The Exemptions Body
8. Chairperson of The Exemptions Body
9. Conduct of members of The Exemptions Body
10. Quorum
11. Decisions of The Exemptions Body
12. Meetings of The Exemptions Body
The Independent Exemptions Appeal Board Policy for the Bargaining Council for the Civil Engineering Industry
Chapter l : Introductory Provisions
1. Definitions
2. Purpose of the Policy
3. Application of the Policy
4. Nature of appeal
5. Criteria on appeal
Chapter ll : The Board
1. Purpose of the Board
2. Composition of Board
3. Chairperson of the Board
4. Conduct of members of Board
5. Quorum
6. Decisions of Board
7. Meetings of Board
Chapter lll : Appeal Procedures
1. Lodging an appeal
2. Duty of Council on receipt of appeal
3. Incomplete applications
4. Answering submissions by other interested parties
5. New evidence
6. Condonation
7. Oral submissions
8. Board meetings open to public
9. Finding and reasons for decision
Cancellation of Government Notice No. R.1106 of 2018
Notice No. R. 3725 of 2023
BCCEI: Conditions of Employment Collective Agreement
Conditions of Employment Collective Agreement
Notice No. R. 936 of 2018
Preamble
Chapter 1 : Application and Interpretation of Agreement
1.1. Scope of the Agreement
1.2. Period of operation of agreement
1.3. Definitions and expressions
Chapter 2 : Regulation of Working Time
2.1. Weekly hours of ordinary work
2.2. Daily hours of ordinary work
2.3. Overtime
2.4. Meal intervals
2.5. Rest period
2.6. Compressed working week
2.7. Averaging hours of work
2.8. Payment for overtime
2.9. Payment for work on a Sunday
2.10. Payment for public holidays
2.11. Night work
2.12. Short time
2.13. Inclement weather
Chapter 3 : Regulation of Leave
3.1. Annual leave
3.2. Sick leave
3.3. Maternity leave
3.4. Family responsibility leave
Chapter 4 : Regulations for Contract of Employment
4.1. Termination of contract of employment
4.2. Certificate of service
4.3. Piece work
4.4. Prohibition of employment
4.5. Severance pay
4.6. Funeral cover for limited duration contract employees
4.7. Limited duration contract of employment ("LDC")
4.7A. Application of section 198 of the Labour Relations Act 66/95 (LRA) to employees earning below earnings threshold
4.7B. Fixed term contracts with employees earning below earnings threshold
4.7C. Part-time employment of employees earning below earnings threshold
4.7D. General provisions applicable to sections 4.7A to 4.7C
4.8. Medical aid
Chapter 5 : Regulation regarding registers and the conditions of employment agreement
5.1. Attendance register
5.2. Written particulars of employment
5.3. Displaying this agreement in the workplace
Chapter 6 : Remuneration and Record Keeping
6.1. Calculation of wages
6.2. Information about remuneration
6.3. Payment of remuneration upon termination of employment
6.4. Deductions from wages - general
6.5. Deductions from wages - trade union subscriptions
6.6. Deductions from wages - training
6.7. Year-End bonus
6.8. Cross border work allowance
6.9. Allowances
Chapter 7 : General
7.1. Exemptions
7.2. Protective clothing
7.3. Designated agents
7.4. Levels of bargaining in the Industry and peace obligation
7.5. Administration of agreement
7.6. Attendance of worker representatives on bargaining council committee meetings
7.7. Resolution of disputes
7.8. Exemptions
Appendixes
Appendix A : Certificate of Service
Appendix B : BCCEI Exemption and Appeal Policy
The Independent Exemptions Appeal Board Policy for the Civil Engineering Industry
Chapter I : Introductory Provisions
1. Definitions
2. Purpose of the Policy
3. Application of the Policy
4. Nature of appeal
5. Criteria on appeal
Chapter II : The Board
1. Purpose of the Board
2. Composition of Board
3. Chairperson of the Board
4. Conduct of members of Board
5. Quorum
6. Decisions of Board
7. Meetings of Board
Chapter III : Appeal Procedures
1. Lodging an appeal
2. Duty of Council on receipt of appeal
3. Incomplete applications
4. Answering submissions by other interested parties
5. New evidence
6. Condonation
7. Oral submissions
8. Board meetings open to public
9. Finding and reasons for decision
National Exemptions Policy for the Civil Engineering Industry
1. Introduction
2. Definitions
3. Fundamental Principles
4. Provident Fund Exemptions
5. Exemptions from payment of interest
6. General
7. Composition of The Exemptions Body
8. Chairperson of The Exemptions Body
9. Conduct of members of The Exemptions Body
10. Quorum
11. Decisions of The Exemption Body
12. Meetings of The Exemption Body
Extension of Conditions of Employment Collective Agreement to Non-Parties
Notice No. R.956 of 2018
Extension of Amendment of Conditions of Employment Collective Agreement to Non-parties
Notice No. R. 1072 of 2019
Preamble
Chapter 1 : Application and Interpretation of Agreement
1.1. Scope of the Agreement
1.2. Period of operation of agreement
Extension of Condition of Employment Collective Amending Agreement to Non-Parties
Notice No. R. 1428 of 2019
Preamble
Chapter 1 : Application and Interpretation of Agreement
1.1 Scope of the agreement
1.2 Period of operation of agreement
[Cancelled] Renewal of Period of Operation of the Conditions of Employment Collective Agreement
Notice No. R. 1640 of 2021
Schedule
Preamble
Chapter 1 : Application and Interpretation of Agreement
1.1. Scope of the Agreement
1.2. Period of operation of agreement
1.3. Definitions and expressions
Chapter 2 : Regulation of Working Time
2.1. Weekly hours of ordinary work
2.2. Daily hours of ordinary work
2.3. Overtime
2.4. Meal intervals
2.5. Rest period
2.6. Compressed working week
2.7. Averaging hours of work
2.8. Payment for overtime
2.9. Payment for work on a Sunday
2.10. Payment for public holidays
2.11. Night work
2.12. Short time
2.13. Inclement weather
Chapter 3 : Regulation of Leave
3.1. Annual leave
3.2. Sick leave
3.3. Maternity leave
3.4. Family responsibility leave
3.5. Parental leave
Chapter 4 : Regulations for Contract of Employment
4.1. Termination of contract of employment
4.2. Certificate of service
4.3. Piece work
4.4. Prohibition of employment
4.5. Severance Pay
4.6. Funeral cover for limited duration contract employees
4.7. Temporary employment, limited duration contract of employment ("LDC") and part-time employment
4.7A Application of section 198 of the Labour Relations Act 66 of 1995 to employees earning below earnings threshold
4.7B Fixed-term contracts with employees earning below earnings threshold
4.7C Part-time employment of employees earning below earnings threshold
4.7D General provisions applicable to clauses 4.7A to 4.7C
4.8. Medical aid
Chapter 5 : Regulation regarding Registers and the Conditions of Employment Agreement
5.1. Attendance register
5.2. Written particulars of employment
5.3. Displaying this agreement in the workplace
Chapter 6 : Remuneration and record keeping
6.1. Calculation of wages
6.2. Information about remuneration
6.3. Payment of remuneration upon termination of employment
6.4. Deductions from wages - general
6.5. Deductions from wages - trade union subscriptions
6.6. Deductions from wages - training
6.7. Year-end bonus
6.8. Cross border work allowance
6.9. Allowances
Chapter 7 : General
7.1. Exemptions
7.2. Protective clothing
7.3. Designated agents
7.4. Levels of bargaining in the Industry and peace obligation
7.5. Administration of agreement
Appendix A - Certificate of Service
Cancellation of Government Notice No. R.1640 of 2021: Conditions of Employment Collective Agreement
Notice No. R. 2122 of 2022
Extension of Conditions of Employment Consolidated Collective Agreement to Non-parties
Notice No. R. 2119 of 2022
Schedule
Preamble
Chapter 1 - Application and Interpretation of Agreement
1.1 Scope of the agreement
1.2 Period of operation of agreement
1.3 Definitions and expressions
Chapter 2 - Regulation of Working Time
2.1 Weekly hours of ordinary work
2.2 Daily hours of ordinary work
2.3 Overtime
2.4 Meal intervals
2.5 Rest period
2.6 Compressed working week
2.7 Averaging hours of work
2.8 Payment for overtime
2.9 Payment for work on a Sunday
2.10 Payment for public holidays
2.11 Night work
2.12 Short time
2.13 Inclement weather
Chapter 3 - Regulation of Leave
3.1 Annual leave
3.2 Sick leave
3.3 Maternity leave
3.4 Family responsibility leave
3.5 Parental leave
Chapter 4 - Regulations for Contract of Employment
4.1 Termination of contract of employment
4.2 Certificate of service
4.3 Piece work
4.4 Prohibition of employment
4.5 Severance Pay
4.6 Funeral cover for limited duration contract employees
4.7 Temporary employment, limited duration contract of employment ("LDC") and part-time employment
4.7A Application of section 198 of the Labour Relations Act 66 of 1995 to employees earning below earnings threshold
4.7B Fixed-term contracts with employees earning below earnings threshold
4.7C Part-time employment of employees earning below earnings threshold
4.7D General provisions applicable to clauses 47A to 47C
4.8 Medical aid
Chapter 5 - Regulation regarding Registers and the Conditions of Employment Agreement
5.1 Attendance register
5.2 Written particulars of employment
5.3 Displaying this agreement in the workplace
Chapter 6 - Remuneration and Record Keeping
6.1 Calculation of wages
6.2 Information about remuneration
6.3 Payment of remuneration upon termination of employment
6.4 Deductions from wages - general
6.5 Deductions from wages - trade union subscriptions
6.6 Deductions from wages - training
6.7 Year-end bonus
6.8 Cross border work allowance
6.9 Allowances
Chapter 7 - General
7.1 Exemptions
7.2 Protective clothing
7.3 Designated agents
7.4 Levels of bargaining in the Industry and peace obligation
7.5 Administration of agreement
7.6 Attendance of worker representatives on bargaining council committee meetings
7.7 Resolution of disputes
Appendix A - Certificate of Service
BCCEI: Wage and Task Grade Collective Agreement
Extension of Wage and Task Grade Collective Agreement
Wage and Task Grade Collective Agreement
Notice No. R. 951 of 2018
Schedule
Application and Interpretation of Agreement
1. Application of Agreement
2. Scope of Application of Agreement
3. Definitions and expressions
Chapter l : General
1. Administration of the Agreement
2. Designated Agents
3. Levels of bargaining in the Industry and Peace Obligation
4. Attendance of worker representatives on bargaining council committee meetings
Chapter ll : Exemptions
1. Provisions relating to an application for exemption
Chapter lll : Wages, Wage Tables and Task Grade Interpretation
1. Wage and/or Earnings
Chapter IV : Appendices to the Agreement
1. Wage Exemption Application Guidelines
2. Civil Engineering Industry Task Grade Wage Rates
Appendices
[Deleted] Appendix A : BCCEI Exemption and Appeal Policy
Appendix B : Task Grade Wage Rates
National Exemptions Policy for the Civil Engineering Industry
1. Introduction
2. Definitions
3. Fundamental Principles
4. Provident Fund Exemptions
5. Exemptions from payment of interest
6. General
7. Composition of The Exemptions Body
8. Chairperson of The Exemptions Body
9. Conduct of members of The Exemptions Body
10. Quorum
11. Decisions of The Exemptions Body
12. Meetings of The Exemptions Body
The Independent Exemptions Appeal Board Policy for the Civil Engineering Industry
Chapter l : Introductory Provisions
1. Definitions
2. Purpose of the Policy
3. Application of Policy
4. Nature of appeal
5. Criteria on appeal
Chapter ll : The Board
1. Purpose of the Board
2. Composition of Board
3. Chairperson of Board
4. Conduct of members of Board
5. Quorum
6. Decisions of Board
7. Meetings of Board
Chapter lll : Appeal Procedures
1. Lodging an appeal
2. Duty of council on receipt of an appeal
3. Incomplete applications
4. Answering submissions by other interested parties
5. New evidence
6. Condonation
7. Oral submissions
8. Board meetings open to public
9. Finding and reasons for decision
Extension of Amendment of Wage Task Grade Collective Agreement to Non-Parties
Notice No. R. 1414 of 2019
Schedule
Application and Interpretation of Agreement
1. Application of the agreement
2. Period of operation of agreement
[Cancelled] Renewal of Period of Operation of the Wage and Task Grade Collective Agreement
Notice No. R. 1605 of 2021
Schedule
Preamble
Application and Interpretation of Agreement
1. Application of Agreement
2. Scope of Application of Agreement
3. Definitions and Expressions
Chapter 1 - General
1. Administration of the Agreement
2. Designated Agents
3. Levels of bargaining in the Industry and peace obligation
4. Attendance of worker representatives on Council committee meetings
Chapter 2 - Exemptions
1. Provisions relating to an application for exemption
Chapter 3 - Wages, Wage Tables and Task Grade Interpretation
1. Wage and/or Earnings
Chapter 4 - Appendices to the Agreement
Appendix A - Civil Engineering Industry Task Grade Wage Rates
Cancellation of Government Notice No. R.1605 of 2021: Wage and Task Grade Collective Agreement
Notice No. R. 2124 of 2022
Extension of consolidated Wage and Task Grade Collective Agreement to Non-parties
Notice No. R. 2121 of 2022
Schedule
Preamble
Application and Interpretation of Agreement
1. Application of Agreement
2. Scope of Application of Agreement
3. Definitions and Expressions
Chapter 1 - General
1. Administration of the Agreement
2. Designated Agents
3. Levels of bargaining in the Industry and peace obligation
4. Attendance of worker representatives on Council committee meetings
Chapter 2 - Exemptions
1. Provisions relating to an application for exemption
Chapter 3 - Wages, Wage Tables and Task Grade Interpretation
1. Wages and/or Earnings
Chapter 4 - Appendices to the Agreement
1. Civil Engineering Industry Task Grade Wage Rates
BCCEI: Exemptions Collective Agreement
Extension of Exemptions Collective Agreement to Non-parties
Notice No. R. 1416 of 2019
1. Schedule
2. Application and interpretation of agreement
2.1 Application of the agreement
3. Definitions
4. Introduction
5. Exemptions - Fundamental Principles
6. Exemptions - Remuneration and Benefits
7. Exemptions - Construction Industry Retirement Benefit Fund (CIRBF)
8. Exemptions from payment of interest
9. General
10. Composition of the Committee and IAB
11. Chairperson of the Committee and IAB
12. Conduct of members of the Committee and IAB
13. Quorum
14. Decisions of the Committee and IAB
15. Meetings of the Committee and IAB
[Cancelled] Renewal of Period of Operation of the Exemptions Collective Agreement
Notice No. R. 1642 of 2021
Schedule
Preamble
1. Application and interpretation of the Agreement
1.1 Application of the agreement
1.2. Period of operation of agreement
2. Definitions
3. Introduction
4. Exemptions - Fundamental Principles
5. Exemptions - Remuneration and Benefits
6. Exemptions - Construction Industry Retirement Benefit Fund ("CIRBF")
7. Exemptions from payment of interest
8. General
9. Composition of the Committee and IAB
10. Chairperson of the Committee and IAB
11. Conduct of members of the Committee and IAB
12. Quorum
13. Decisions of the Committee and IAB
14. Meetings of the Committee and IAB
Cancellation of Government Notice No. R.1642 of 2021: Exemptions Collective Agreement
Notice No. R. 2120 of 2022
[Cancelled] Extension of Consolidated Exemptions Collective Agreement to Non-parties
Notice No. R. 2123 of 2022
Schedule
Preamble
1. Application and interpretation of the Agreement
2. Definitions
3. Introduction
4. Exemptions - Fundamental Principles
5. Exemptions - Remuneration and Benefits
6. Exemptions - Construction Industry Retirement Benefit Fund ("CIRBF")
7. Exemptions from payment of interest
8. General
9. Composition of the Committee and IAB
10. Chairperson of the Committee and IAB
11. Conduct of members of the Committee and IAB
12. Quorum
13. Decisions of the Committee and IAB
14. Meetings of the Committee and IAB
Cancellation of Government Notice No. R.2123 of 2022: Exemptions Collective Agreement
Notice No. R. 3415 of 2023
Extension of Consolidated Exemptions Collective Agreement to Non-parties
Notice No. R. 3417 of 2023
Schedule
Preamble
1. Application and interpretation of the Agreement
2. Definitions
3. Introduction
4. Exemptions - Fundamental Principles
5. Exemptions - Remuneration and Benefits
6. Exemptions - Construction Industry Retirement Benefit Fund (CIRBF)
7. Exemptions from payment of interest
8. General
9. Composition of the Committee and IAB
10. Chairperson of the Committee and IAB
11. Conduct of members of the Committee and IAB
12. Quorum
13. Decisions of the Committee and IAB
14. Meetings of the Committee and IAB
BCCEI: Dispute Resolution Collective Agreement
[Replaced] BCCEI : Extension of Dispute Resolution Collective Agreement to Non-Parties
Notice No. R. 507 of 2020
Schedule
Application and Interpretation of Agreement
Dispute Resolution Collective Agreement for the Civil Engineering Industry
Schedule
Chapter 1 : Scope and application of this agreement
1.1. Scope of application of agreement
1.2. Period of operation of this agreement
1.3. Definitions
Chapter 2 : Dispute Resolution
2.1. Preamble
2.2. Disputes to be conciliated and arbitrated as provided for in the Act (commonly known as disputes of right)
2.3. Mutual interest disputes (commonly known as disputes of interest)
2.4. Disputes concerning the unilateral amendment to conditions of employment
2.5. Interpretation and application disputes
2.6. Demarcation disputes
2.7. General
Chapter 3 : Enforcement of and compliance with collective agreements
Chapter 4 : Exemptions
Annexure A : Rules for the conduct of Dispute Resolution proceedings before the Bargaining Council for the Civil Engineering Industry (BCCEI)
Chapter One : Service and Filing of Documents
1. Contacting the Council
2. Office hours of the Council
3. Calculation of time periods
4. Persons who may sign documents
5. Service of documents on other parties
6. Proof of service
7. Filing documents with the Council
8. Notice of proceedings before the Council
9. Documents and notices sent by registered mail
Chapter Two : Conciliation of Disputes
10. Referring a dispute to the Council for conciliation
11. Notice by the Council to the parties of a conciliation hearing
12. Pre-conciliation proceedings
13. Jurisdiction of the Council to conciliate a dispute
14. Issuing of a certificate in terms of section 135(5)
15. Conciliation proceedings are confidential
Chapter Three : Con-Arb in terms of Section 191(5A)
16. Conduct of con-arb in terms of section 191(5A)
Chapter Four : Arbitrations
17. Referring a dispute to the Council for arbitration
18. Statements of case
19. Pre-arbitration conference
20. Notice by the Council to parties of an arbitration hearing
21. Jurisdiction of the Council to arbitrate
22. Postponement of an arbitration or any hearing other than conciliation
Chapter Five : Rules that apply to conciliations, arbitrations and other proceedings
23. Venue of proceedings
24. Condonation for the late filing of documents or failure to comply with the Rules
25. Representation
26. Correcting the citation of a party
27. Consolidation of disputes
28. Joinder or substitution of parties
29. Discovery of documents
30. Failure to attend proceedings
31. Subpoenas
32. Expert witnesses
33. Payment of witness fees
34. Costs orders in arbitration proceedings
Cancellation of Government Notice R.109 of 2020 : Extension of Dispute Resolution Collective Agreement
Notice No. R. 508 of 2020
[Cancelled] Extension of Dispute Resolution Collective Agreement to Non-Parties
Notice No. R. 581 of 2020
Schedule
Application and Interpretation of Agreement
Dispute Resolution Collective Agreement for the Civil Engineering Industry
Schedule
Chapter 1 : Scope and application of this agreement
1.1. Scope of application of agreement
1.2. Period of operation of this agreement
1.3. Definitions
Chapter 2 : Dispute Resolution
2.1. Preamble
2.2. Disputes to be conciliated and arbitrated as provided for in the Act (commonly known as disputes of right)
2.3. Mutual interest disputes (commonly known as disputes of interest)
2.4. Disputes concerning the unilateral amendment to conditions of employment
2.5. Interpretation and application disputes
2.6. Demarcation disputes
2.7. General
Chapter 3 : Enforcement of and compliance with collective agreements
Chapter 4 : Exemptions
Annexure A : Rules for the conduct of Dispute Resolution proceedings before the Bargaining Council for the Civil Engineering Industry (BCCEI)
Chapter One : Service and Filing of Documents
1. Contacting the Council
2. Office hours of the Council
3. Calculation of time periods
4. Persons who may sign documents
5. Service of documents on other parties
6. Proof of service
7. Filing documents with the Council
8. Notice of proceedings before the Council
9. Notices and Documents sent by registered mail
Chapter Two : Conciliation of Disputes
10. Referring a dispute to the Council for conciliation
11. Notice by the Council to the parties of a conciliation hearing
12. Pre-conciliation proceedings
13. Jurisdiction of the Council to conciliate a dispute
14. Issuing of a certificate in terms of section 135(5)
15. Conciliation proceedings are confidential
Chapter Three : Con-Arb in terms of Section 191(5A)
16. Conduct of con-arb in terms of section 191(5A)
Chapter Four : Arbitrations
17. Referring a dispute to the Council for arbitration
18. Statements of case
19. Pre-arbitration conference
20. Notice by the Council to parties of an arbitration hearing
21. Jurisdiction of the Council to arbitrate
22. Postponement of an arbitration or any hearing other than conciliation
Chapter Five : Rules that apply to conciliations, arbitrations and other proceedings
23. Venue of proceedings
24. Condonation for the late filing of documents or failure to comply with the Rules
25. Representation
26. Correcting the citation of a party
27. Consolidation of disputes
28. Joinder or substitution of parties
29. Discovery of documents
30. Failure to attend proceedings
31. Subpoenas
32. Expert witnesses
33. Payment of witness fees
34. Costs orders in arbitration proceedings
Chapter Six : Applications
35. Bringing an application
36. Variation and rescission of rulings and arbitration awards
37. Application to refer a dismissal dispute to the Labour Court
Chapter Seven : Section 188A Inquiry
38. Inquiry by arbitrator in terms of section 188A
Chapter Eight : General
39. Certification of arbitration awards
40. Recording of Council proceedings
41. Project specific agreements
42. Definitions
Schedules
Schedule 1 : Addresses of the Council
Schedule 2 : Forms
Annexure B : Guidelines for the Levying of Fines
Cancellation of Government Notice No. R. 581 of 2020
Notice No. R. 3724 of 2023
Extension of Dispute Resolution Collective Agreement to Non-parties
Notice No. R. 3726 of 2023
Schedule
Preamble
Chapter 1
1. Application of this agreement
2. Scope of the Civil Engineering Industry
3. Definitions and expressions
Chapter 2 - Dispute Resolution
2.1. Preamble
2.2. Disputes to be conciliated and arbitrated as provided for in the Act (commonly known as disputes of right)
2.3. Mutual interest disputes (commonly known as disputes of interest)
2.4. Disputes concerning the unilateral amendments to conditions of employment
2.5. Interpretation and application disputes
2.6. Demarcation disputes
2.7. General
Chapter 3 : Enforcement of and compliance with collective agreements
Chapter 4 : Exemptions
Annexures
Annexure A : Rules for the conduct of Dispute Resolution proceedings before the Bargaining Council for the Civil Engineering Industry (BCCEI)
Chapter One : Service and Filing of Documents
1. Contacting the Council
2. Office hours of the Council
3. Calculation of time periods
4. Persons who may sign documents
5. Service of documents on other parties
6. Proof of service
7. Filing documents with the Council
8. Notice of proceedings before the Council
9. Notices and Documents sent by registered mail
Chapter Two : Conciliation of Disputes
10. Referring a dispute to the Council for conciliation_2
11. Notice by the Council to the parties of a conciliation hearing_2
12. Conciliation proceedings
13. Jurisdiction of the Council to conciliate a dispute
14. Issuing a certificate in terms of section 135(5)_2
15. Conciliation proceedings are confidential
Chapter Three : Con-Arb in terms of Section 191(5A)
16. Conduct of con-arb in terms of section 191(5A)
Chapter Four : Arbitrations
17. Referring a dispute to the Council for arbitration
18. Statements of case
19. Pre-arbitration conference
20. Notice by the Council to parties of an arbitration hearing
21. Jurisdiction of the Council to arbitrate
22. Postponement of an arbitration hearing
Chapter Five : Rules that apply to conciliations, arbitrations and other proceedings
23. Venue of proceedings
24. Condonation for late filing of documents
25. Representation
26. Correcting the citation of a party
27. Consolidation of disputes
28. Joinder and substitution
29. Discovery of documents
30. Failure to attend proceedings
31. Subpoenas
32. Expert witnesses
33. Witness fees
34. Costs in arbitration proceedings
Chapter Six : Applications
35. Bringing an application
36. Variation and rescission of arbitration awards and rulings
37. Application to refer a dismissal dispute to the Labour Court
Chapter Seven : Inquiry in terms of Section 188A
38. Inquiry by arbitrator in terms of section 188A
Chapter Eight : General
39. Certification of arbitration awards
40. Recording of Council proceedings
41. Project specific agreements
42. Transitional arrangements
43. Definitions
Annexure B : Guidelines on Picketing
Guidelines on Picketing Rules
Annexure C - Forms
Annexure D - Guidelines for the Levying of Fines
Appendices
Appendix A - Addresses of the Council
National Bargaining Council for the Clothing Manufacturing Industry
Main Collective Agreement
Notice No. R. 1154 of 2005
Schedule
1. Scope of Application
2. Period of Operation of this Agreement
3. Special Provisions
4. General Provisions
Part A : Provisions for the Eastern Cape Region
1. Scope of Application of this Part of the Agreement
2. Period of Operation of this Part of the Agreement
3. Definitions
A - E
F - I
L - W
4. Registration of Employers
5. Employees
6. Wages
6.1 Minimum Wages
Minimum Wages (1) : Clothing establishments
Minimum Wages (2) : Garment knitting establishments
Minimum Wages (3) : New Employees
Minimum Wages (4) : Incentivised Wage Rates
Minimum Wages (5)
Minimum Wages (6)
6.2 Off-set Period
6.3 Incremental Dates
6.4 Night Shift
6.5 Long service award
6.6 First-aid
6.7 Payment of Wages
6.8 Deductions
6.9 Overtime Rates
6.10 Incentive Bonus Scheme and/or Conveyor Belt System
6.11 Annual Bonus
7. Hours of Work
7.1 Ordinary Hours of Work
7.2 Overtime Hours
7.3 Meal and other rest intervals
7.4 Short-time
8. Leave
8.1 Annual Leave
8.2 Public Holidays
8.3 Maternity Leave
8.4 Compassionate/Paternity Leave
8.5 Sick Leave
9. Termination of Employment
9.1 Notice period
9.2 Certificate of Service
10. Outwork
11. Organisational Rights
11.1 Closed Shop
11.2 Organisation of Employees
11.3 Shop Stewards
11.4 Negotiated Plant Level Procedures
11.5 Balloting
12. Employee Benefits
12.1 Supplementary Benefits Fund
12.2 SACTWU Education Bursary Scheme
12.3 Retrenchment Benefit
12.4 SACTWU's HIV/AIDS Project
13. General Employer Obligations
13.1 Insurance of Wages
13.2 Tools
13.3 Premiums
14. Agreement
14.1 Council Funds
14.2 Exhibition of Agreement
14.3 Agents
14.4 Exemptions
A. For any business entity registered with and falling within the Council's registered scope inasmuch as it relates to the scope of this part of the Agreement
B. For any employer who is a party or a member of a party to the Council and its employees represented by a trade union representative
14.5 Existing Contracts
14.6 Dispute procedure
15. Frequency of Negotiations and Industrial Action
16. A Typical Work, Outsourcing and Subcontracting
17. Trade Union Agency Shop
18. Productivity
19. Industry Protection Fund
20. HIV/AIDS
21. Contract Employees
22. Working in Arrangements
Annexures
Annexure A : Code of Good Practice on Key Aspects of HIV/AIDS and Employment within the Clothing Manufacturing Industry of South Africa
1. Introduction
2. Objectives
3. Policy Principles
4. Application and Scope
5. Legal Framework
6. Promoting a Non-discriminatory Work Environment
7. HIV Testing, Confidentiality and Disclosure
7.1 HIV Testing
7.2 Confidentiality and Disclosure
8. Promoting a Safe Workplace
9. Compensation for Occupationally Acquired HIV
10. Employee Benefits
11. Dismissal
12. Grievance Procedures
13. Management of HIV in the Workplace
14. Assessing the Impact of HIV/AIDS on the Workplace
15. Measures to Deal with HIV/AIDS within the Workplace
16. Information and Education
Glossary
Annexure B : Productivity
Annexure C : Industry Protection Fund
Annexure D : Contract Employees
Part B : Provisions for the Free State and Northern Cape Region
Minimum Wages
Part C : Provisions for the KwaZulu-Natal Region
1. Scope of Application of this Part of the Agreement
2. Period of Operation of this Part of the Agreement
3. Definitions
A. General Definitions
B. Definitions of the occupations, capacities and duties of employees in the Clothing Sector only
C. Definitions of the occupations, capacities and duties of employees in the Garment Kitting Sector only
4. Wages
5. Shift Allowance
6. Task-Work
7. Short-Time
8. Payment of Wages and Overtime
9. Hours of Work and Overtime
10. Public Holidays
11. Records
12. Work in the Clothing Industry
13. Proportion or Ratio of Employees
14. Annual Leave
15. Holiday Leave Benefit (Annual Bonus) Fund Account
16. Maternity Leave
17. Paternity Leave
18. Premiums for Training
19. Registration of Employers
20. Registration of Employees
21. Termination of Service
22. Disciplinary and Grievance Procedures
23. Exemptions
24. Persons under the age of 15 years
25. Council Funds
26. SACTWU Funds
27. Closed Shop and Trade Union Membership/Subscriptions
28. Access to and Organising Facilities on an Employers' Premises by the Trade Union
29. Rights of Trade Union Representatives
30. Agents
31. Exhibition of Agreement, Wage Rates and Hours of Work
32. Administration of Agreement
33. Trade Union's Representatives of the Council
34. Working Proprietors and/or Working Partners
35. Sick Benefit Fund
36. Retrenchment
37. Financial Matters
38. Dispute Procedure
39. Atypical Work and Subcontracting
40. Frequency of Negotiations and Industrial Action
41. Productivity
42. Agency Shop
43. Industry Protection Fund
44. HIV/AIDS
45. Contract Employees
46. Working in Arrangements
Annexures
Annexure A : Code of Good Practice on Key Aspects of HIV/AIDS
1. Introduction
2. Objectives
3. Policy Principles
4. Application and Scope
5. Legal Framework
6. Promoting a Non-Discriminating Work Environment
7. HIV Testing, Confidentiality and Disclosure
8. Promoting a Safe Workplace
Part II
Purchase
1. Contributions
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Protection of Businesses Act, 1978
R 385
Mine Health and Safety Act, 1996 (Act 29 of 1996)
R 385
Electronic Communications Act, 2005
R 385
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Protection of Businesses Act, 1978
