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

Notices

Bargaining Council for the Hairdressing Trade (Cape Penninsula)

Main Collective Agreement

41. Definitions

 

 

Any term used in this Agreement which is defined in the Act has the same meaning as in the Act; any reference to an Act or Ordinance include any amendment of such Act or Ordinance, and unless the contrary intention appears, words importing the masculine gender includes females, further, unless inconsistent with the context:—

 

“Act”

means the Labour Relations Act of 1995.

 

“agreement”

means an agreement published and, as amended, made binding upon employers and employees in the Hairdressing Trade in accordance with the provisions of the Act;

 

“Barber” or Barbering services”

means an employee performing any one or more of the following services clipper cuts; dry and wet ra or shaving of facial hair and head hair including beards and moustages; hot towel treatment; facial massages; wet and dry cutting of the hair; singeing and dry or wet blow drying of hair.

A barber will not be performing any chemical services.
These services must be performed on male clients predominantly and must constitute at least 95 of the employee's working time.
Barbering services can only be rendered when a salon provides barbering services to it's clients.

 

“Trainee barber” means an employee who has never performed the functions and duties of a barber and is in training in a salon for a period not exceeding 6 months.

“Junior Barber” means an employee who has been engaged in rendering Barbering services for a period of more than 6 months and less than one year in the industry

“Senior Barber” means an employee who has rendered Barbering services in the Industry for a period of one year or more within the Industry.

 

“learner”

means an employee serving under a written contract of learnership registered or dammed to be registered by the Personal Care Chamber of the Services Sector Education and Training Authority in name and title under the Skills Development Act, and includes any minor employed on probation in terms of the said Act;

 

“casual employee”

means an employee who is employed on a daily basis for less than three days in a week;

 

“cleaner”

means an employee who is engaged in any one or more of the following activities-cleaning, sweeping or washing premises or utensils, receptacles, furniture or other articles; running errands; making tea or similar beverages; washing or ironing towels or overalls or other protective clothing;

 

“commission”

means any amount due to an employee in terms of a written agreement between an employer and his employee;

 

“Council”

means the Bargaining Council for the Hairdressing Trade, Cape Peninsula, registered in terms of Section 29 of the Labour Relations Act of 1995;

 

“day-off”

means an authorised leave of absence on full pay for any reason whatsoever during the week;

 

“employ”

includes a period of notice in respect of which an employee has been paid in lieu of notice and does not work;

 

“entrance hairdressing assistant”

means a special needs employee who is being trained to perform the following duties, general cleaning, sweeping and washing of floors, laundering towelst capes and gowns, assisting the stylists with seating and gowning of clients, shampooing of clients and apply in-salon treatments, assisting the stylists with the application of tints, highlights and other colour applications, and who works under the supervision and guidance of a qualified stylist.

 

“establishment”

means any premises in which toilet services are rendered, whether for gain or otherwise, and where either the employer or an employee is a qualified hairdresser; and salon and establishment have the same meaning, unless inconsistent with the context;

 

“experience”

means more than one year's practical experience in a particular job category;

 

“Hairdressing Trade”

means the trade in which employers and employees are associated for the purpose of rendering toilet services in any establishment;

 

“hairdresser, effluxion of time”

means an employee who has completed an apprenticeship or learnership, but has not passed` the trade test in terms of the Manpower Training Act, 1981, and/or the Skills Development Act, 1998;

 

“hairdresser, qualified”

means an employee who has passed the trade test in terms of the Manpower Training Act, 1981, and/or the Skills Development Act, 1998, and has been issued with a certificate to this, effect;

 

“hairdresser, qualified, experienced”

means an employee who has passed the trade test in terms of the Manpower Training Act, 1981, and/or the Skills Development Act, 1998, and has been issued with a certificate to this effect and has had more than one year's practical experience in a salon after having qualified;

 

“hairdresser, Master Certificate”

means an employee who has obtained the Master Certificate issued by the Employers' Organisation for Hairdressing, Cosmetology and Beauty;

 

“half-day off”

means an authorised leave of absence on full pay after four continuous hours of work;

 

“home salon”

means a salon operated from a private residence with not more than one employee, where toilet services are rendered in compliance with applicable health regulations;

 

“manager”

means an employee who is not performing the duties of a Hairstylist and who generally performs the duties of a manager including but not limited to the supervision of other staff members, and who is responsible for the day-to-day running of the salon, the opening and closing of the salon and the cashing up.

 

“Master Certificate”

means a certificate relating to the Hairdressing Trade issued by the Employers' Organisation for Hairdressing, Cosmetology and Beauty to a qualified hairdresser;

 

“operator”

means an employee who is engaged in anyone or more of the following activities:-

(a) Cleaning, sweeping or washing premises or utensils, receptacles, furniture or other articles; running erands; making tea or similar beverages; washing or ironing towels or overalls or other protective clothing;
(b) shampooing, removing veils, pins, rollers, clips and any other setting aids; preparing clients'' for highlights or frosting; applying rinses or colour shampoos; placing clients under dryers and taking clients out from under dryers;
(c) applying tints and bleach on highlights caps.

 

“receptionists”

means an employee who performs one or more of the following duties: Receiving clients or booking appointments by telephone or otherwise, keeping accounts and records or other forms of clerical work in addition to handling cash and affecting counter sales;

 

“registered scope”

means the Magisterial Districts of The Cape, Wynberg, Simonstown, Goodwood and Bellville, those portions of the Magisterial Districts of Malmesbury and Stellenbosch, which, prior to the publication of Government Notice Nos. 171 of 8 February 1957 and 283 of 2 March 1962, respectively, fell within the Magisterial District of Bellville, that portion of the Magisterial District of Kuils River which, prior to the publication of Government Notice No. 661 of 19 April 1974, fell within the Magisterial District of Stellenbosch but which, prior to 2 March 1962, fell within the Magisterial District of Bellville, that portion of the Magisterial District of Kuils River which prior to the publication of Government Notice No. 1683 of 7 August 1987, fell within the Magisterial District of Bellville and that portion of the Magisterial District of Somerset West which, prior to 9 March 1973 (Government Notice No. 173 of 9 February 1973), fell within the Magisterial District of Wynberg;

 

“rent-a-chair”

means the subletting of any portion of a salon to a hairdresser who operates as an independant contractor;

 

“short-time”

means a temporary reduction in the number of ordinary weekly hours of work in an establishment due to a slackness of work or other exigencies of trade;

 

“skilled hairdressing assistant”

means a special needs employee who is being trained to perform the following duties: general cleaning, sweeping and washing of floors, laundering towels, capes and gowns, assisting the stylists with seating and gowning of clients, shampooing of clients and apply in-salon treatments, assisting the stylists with the application of tints, highlights and other colour applications, assisting hairstylists with blow-drying and flat-ironing, being taught basic cutting skilts and performing cuts under supervision and guidance of a qualified stylist.

 

“stylist manager”

means an employee who in addition to performing the duties of a Hairstylist also performs the duties of a manager.

 

“toilet services”

means in the ladies trade and gentlemen's Hairdressing Trade the operation in shampooing, haircutting, hair singeing; massaging (head or face), waving (permanent or marcel), blow-waving, setting, hair-drying, tinting, manicuring, eyebrow plucking, board work, trichological treatment, beauty culture treatment facial treatment and shaving and any related services;

 

“wage”

means remuneration payable to an employee in terms of clause 4 (1) in respect of ordinary hours of work. If an employer regularly pays an employee for ordinary hours of work an amount higher than that specified, it means the higher amount;

 

“working employer”

means an employer who performs work similar to that carried out by an employee.

 

SIGNED AT CAPE TOWN FOR AND BEHALF OF THE PARTIES THIS 14th DAY OF MARCH 2013.

 

 

(Signed)

MR S. DELPORT

Chairman of the Council

 

 

(Signed)

MS M. BOTES

Vice-Chairman of the Council