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

Notices

National Bargaining Council for the Hairdressing, Cosmetology, Beauty and Skincare Industry

Extension to Non-parties of the Consolidated Collective Agreement in terms of Sec 32(2) of the LRA

Terms and Conditions that will apply Nationally

4. Definitions

 

4.1 Any term or expression used in this Agreement which is defined in the Labour Relations Act, No. 66 of 1995 has the same meaning assigned to it in the Act. The masculine includes the feminine and vice versa and the singular includes the plural.

 

4.2 Save where expressed distinction is made between definitions contained in this Agreement, the following words shall have the undermentioned meaning assigned to them, being:
4.2.1 "the Act"

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

 

4.2.2 "Aesthetic Therapist"

means an Employee engaged in, but not limited to the following:

4.2.2.1 eyebrow shaping and plucking including the application of false or artificial eyebrow and/or eyelashes;
4.2.2.2 cosmetic (day, evening, bridal, fantasy) camouflage make-up, micro pigmentation such as tattooing, microblading and shading and/or painting of the face and/or full body features, whether by permanent, semi-permanent or temporary means;
4.2.2.3 facial skincare knowledge and application of skin analysis, facial treatment, electrical equipment, machines and the treatment thereof;
4.2.2.4 removal of unwanted or superfluous hair from the head, face and/or body in whatever means excluding shaving, waxing, chemical depilatories, electrical or mechanical means, including sugaring and threading;
4.2.2.5 massage or any other stimulative treatments or exercise of the face, scalp, neck or full body, whether or not any apparatus, appliance heat, preparation or substance is used in any of these operations, including "stones", "bamboo" etc.;
4.2.2.6 body and slimming treatment: figure/body analysis, electrical equipment and the treatments thereof, basic knowledge of nutrition, Manual Lymph Drainage treatments, body wrap and self-tanning applications whether by hand or spray units;
4.2.2.7 spa treatments: holistic and/or relaxing treatment i.e. Indian head, hand and/or foot massage with or without substance such as different oils;
4.2.2.8 permanent lash treatments, intimate waxing for male and female clients, laser, LPG, and/or Endermology, microdermabrasion, chemical peels, micro needling, permanent make up, and or be able to assist a Medical Practitioner practicing in the Aesthetic Terrain/field.

 

4.2.3 "trainee barber"

means a barber who has never performed barber services and is in training in an Establishment for a period not exceeding 6 (six) months;

 

4.2.4 "junior barber"

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

 

4.2.5 "senior barber"

means a barber who has rendered barbering services as a barber for a period exceeding 1 (one) year;

 

4.2.6 "Basic Conditions of Employment Act or BCEA"

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

 

4.2.7 "basic salary" or "wage"

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

 

4.2.8 "beauty technologist"

means an Employee that completed a 1 (one) year qualification to execute basic skincare, hand and foot treatments, hair removal, make up application, back and neck massages including a back treatment and body treatments including massage;

 

4.2.9 "B Tech Somatologist 4 yrs"

means an Employee that holds a B.Tech degree and is engaged in, but not limited to the following:

4.2.9 1 eyebrow shaping and plucking, including the application of false or artificial eyebrows and eyelashes;
4.2.9.2 cosmetic (day, evening, fantasy) and camouflage make-up, tattooing and/or painting of the face and/or full body features, whether by permanent, semi-permanent or temporary means;
4.2.9.3 advance skin-care: skin analysis, facial treatment, electrical equipment, machines and the treatment of the skin: Advance facial skincare: Non-invasive and invasive classic deep cleansing facial treatment, chemical peels, IPL, rejuvenating, lasers, ultra and radio sound and more advanced electrical equipment and/or machinery;
4.2.9.4 removal of unwanted or superfluous hair from the head, face and/or body by whatever means, other than shaving, including waxing, chemical depilatories, electrical or mechanical means; including sugaring and threading, IPL, laser treatment;
4.2.9.5 massage or any other stimulative treatment or exercise of the face, scalp, neck or full body, whether or not any apparatus, appliance electrical micro current, heat, preparative substance and other non-invasive and invasive techniques is used in any of these operations; may also include any massage medium;
4.2.9.6 body and slimming treatment: figure/body analysis equipment and the treatment thereof, manual and mechanical (i.e Endermology) lymph drainage treatment, body wraps and non-invasive and invasive self-tanning applications whether by hand or spray units;
4.2.9.7 Aravetta Spa's and traditional Spa treatments: holistic and/or relaxing treatments i.e. non-invasive and invasive Indian head, hand foot and/or full body massages with or without substance such as different oils. Specialized electrical and mechanical equipment and non-surgical treatments;
4.2.9.8 specialized electrical equipment i.e. IPL/Laser/LPG/Endermology, etc.

 

4.2.10 "beauty therapist"

means an Employee who has completed a 2 (two) year formal qualification in respect of comprehensive skincare and body treatments, including but not limited to:—

4.2.10.1 massage or any other treatment or exercise to the face, scalp, neck or full body, whether or not any apparatus, electrical, micro current, appliance, heat, substance and other non-invasive techniques are used in any of these operations and may also include any massage medium and/or massage techniques with an holistic approach;
4.2.10.2 facial skincare therapy, which may include, but not be limited to electrical equipment and/or machines such as galvanic and/or high frequency;
4.2.10.3 apply Day, Evening and Bridal make up;
4.2.10.4 removal of unwanted or superfluous hair from the head, face and/or body by whatever means, other than shaving and may include, but not be limited to waxing and/or sugaring and/or threading and/or chemical depilatories;
4.2.10.5 provide an eyelash and/or brow tint and/or brow shaping treatment, which may include the application of artificial eyelashes;
4.2.10.6 body treatments which may include but not be limited to the use of electrical equipment and/or machines, apply body alignment and movement, exfoliation treatment, body wraps and/or mask treatments and/or the application of full body artificial tanning treatment.

 

4.2.11 "CCMA"

means the Commission for Conciliation, Mediation and Arbitration, established in terms of the Labour Relations Act, 1995;

 

4.2.12 "casual employee"

means an Employee who is employed for less than 24 (twenty-four) hours per month and whose wages is calculated on the hourly or daily rate for his/her particular job category or an Employee that has been appointed in the temporary absence of a female Employee due to maternity leave, which appointment shall be limited to 122 (hundred and twenty-two) days in the latter instance;

 

4.2.13 "CEO"

means the Chief Executive Officer of the Council;

 

4.2.14 "City and Guilds"

means City and Guilds International as operating in the Republic of South Africa;

 

4.2.15 "cleaner and/or general assistant"

means an Employee, employed by an Employer in an Establishment who is engaged in any 1 (one) or more of the following activities:

4.2.15.1 cleaning and/or sweeping premises;
4.2.15.2 running errands;
4.2.15.3 providing refreshments to staff and clients of an Establishment;
4.2.15.4 sanitizing and disinfecting tools, equipment and surfaces;
4.2.15.5 washing dishes;
4.2.15.6 doing laundry;

but excludes any Employee that touches the head of any client.

 

4.2.16 "clerical employee, receptionist, telephonist, administrator and/or front desk co-ordinator"

means an Employee who is employed in an Establishment and who performs 1 (one) or more of the following activities:

4.2.16.1 receives clients and/or book appointments;
4.2.16.2 keep accounts and records;
4.2.16.3 does any clerical work;
4.2.16.4 handles cash;
4.2.16.5 responsible for counter sales;
4.2.16.6 responsible for stock control;
4.2.16.7 responsible for advertising and promotion;
4.2.16.8 arranges merchandising displays;
4.2.16.9 running errands.

 

4.2.17 "collective agreement"

means a written agreement concerning terms and conditions of employment or any other matter of mutual interest concluded by one or more registered trade unions on the one hand, and on the other hand that binds the terms of section 31 and 32 of the Act:

4.2.17.1 (one) or more employers;
4.2.17.2 (one) or more registered employers' organisations; or
4.2.17.3 (one) or more employers and 1 (one) or more registered employers' organisations;

 

4.2.18 "commission"

means the amount of money payable by an Employer to an Employee by virtue of a commission agreement concluded between an Employer and Employee, or which may be prescriptive by virtue of this Agreement, which may consists of:

4.2.18.1 "Personal Services Commission" or "PSC" being the manner in which commission is calculated, which is to be paid by an Employer to an Employee during the Employee's annual leave, or in respect of notice pay or in respect of severance pay. This commission is calculated on services provided by an Employee in person, and on services rendered by other Employees when assisting the Employee, in the event of such other Employees not being entitled to commission, but excluding Retail Commission; and/or
4.2.18.2 "Retail Commission" being commission paid to an Employee in respect of the sale of products procured by such an Employee which may or may not be Target based; and/or
4.2.18.3 "Target Based Commission" means payment of an agreed percentage of commission on turnover above an agreed threshold which may or may not be prescribed by this Agreement.

 

4.2.19 "commissioner"

means any person appointed by the governing body of the CCMA in terms of section 117 of the Labour Relations Act, 1995

 

4.2.20 "COTT"

means the Central Organisation for Trade Testing;

 

4.2.21 "council"

means the National Bargaining Council for the Hairdressing, Cosmetology, Beauty and Skincare Industry registered in terms of section 29 of the Labour Relations Act, 1995;

 

4.2.22 "council representative"

means a person nominated by any party to represent such party to the Council;

 

4.2.23 "designated agent"

means any person appointed by the Minister in terms of section 33 of the Labour Relations Act, 1995;

 

4.2.24 "day off"

means authorized leave granted by an Employer to an Employee to be absent from an Establishment during any day upon which the Employer conducts business;

 

4.2.25 "dry bar"

means an Establishment at which only Dry Bar Services are rendered;

 

4.2.26 "dry bar services"

means only 1 (one) or more or all of the following services being:— a wash, blow dry, clip-on extensions, bang, up styling, tonging, setting, plaiting, crimping and straightening with a flat iron all of which will be rendered without applying any chemicals of whatsoever nature and explicitly excluding any cutting of hair;

 

4.2.27 "dry bar worker"

means a person employed at a Dry Bar who only renders dry bar services;

 

4.2.28 "employee"

means any person who is employed by or working for any Employer and who is receiving or is entitled to receive remuneration, and any other person who in any manner assists in the carrying on or conducting of the business of any Employer, and "employ" and "employment" have corresponding meanings;

 

4.2.29 "employer"

means any person who employs or provides work for any person and remunerates or expressly or tacitly undertakes to remunerate him, or who permits any person whosoever in any manner assist him carrying on or conducting his business and "employ" and "employment" have corresponding meanings;

 

4.2.30 "full time employee"

means an Employee whose hours of work are more than 24 (twenty-four) hours per month and not more than 45 (forty-five) hours per week in an Establishment;

 

4.2.31 "first year operator"

means an Employee, appointed as an operator, that has been rendering Cosmetology Services for a period less than 1 (one) year whilst employed by one or more Employees;

 

4.2.32 "half day off"

means an authorized leave of absence for the balance of the working day after having executed 4 (four) continuous hours of work on that particular day and being fully remunerated for such entire day;

 

4.2.33 "hairdresser/hairstylist"

means an Employee, Working Employer or Legal owner (only where such Legal Owner is a natural person) in return for payment, in money or in kind, performs any 1 (one) or more or all of the Cosmetology Services usually performed by a Hairdresser/Hairstylist;

 

4.2.34 "hairdresser/hairstylist non qualified"

means a Hairdresser/Hairstylist that is not qualified as a Hairdresser/Hairstylist;

 

4.2.35 "hairdresser/hairstylist qualified"

means an Employee who:

4.2.35.1 holds a trade test certificate issued by COTT or the SSETA or City and Guilds, Diploma Level 2 (two); or
4.2.35.2 holds a certificate of proficiency under the training of Artisan's Act, 1951;
4.2.35.3 holds any qualification which the Council in consultation with the SSETA or City and Guilds may recognize as a qualification, whether or not obtained in the Republic of South Africa; or
4.2.35.4 holds a masters certificate of the Employers' Organisation from any division thereof; or
4.2.35.5 holds a certificate of competency in hairdressing issued by the Council before coming into force of this Collective Agreement and thereafter;

 

4.2.36 "Hairdressing Beauty and Skincare Industry Pension Fund"

means the Hairdressing, Beauty and Skincare Industry Pension Fund;

 

4.2.37 "immediate family"

means Employee's spouse, life partner, parent, adoptive parent, grandparent, child, adopted child, grandchild, brother or sister;

 

4.2.38 "learner" or "learner hairdresser"

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

 

4.2.39 "legal owner"

means any person, partnership, enterprise or entity of whatsoever nature that:—

4.2.39.1 conducts hairdressing or cosmetology or beauty or skincare services from an Establishment, the premises of which is either owned by the Proprietor, hired from the owner of such premises, hires from any other person that has the right to occupy such premises, or occupies such premises by virtue of an agreement concluded with the owner of such premises or any other person that has the right to occupy such premises; and
4.2.39.2 either trades under his/her/its own name or under the name and style of the Establishment or that of any other Employer or legal owner; and
4.2.39.3 employs no Employees; and
4.2.39.4 may include persons that are normally referred to in the hairdressing industry as rent-a-chair.

 

4.2.40 "make-up artist"

means an Employee engaged in the following treatment, but not limited to:

4.2.40.1 the application of false or artificial eyebrows or eye lashes;
4.2.40.2 cosmetic (day, evening, bridal, fantasy) camouflage make up, tattooing and/or painting of the face and/or full body features whether by permanent, semi-permanent or temporarily means;
4.2.40.3 basic application of the removal of unwanted or superfluous hair from the head, face and/or body and its features, including shaving, waxing and chemical depilatories;
4.2.40.4 piercing.

 

4.2.41 "manager/ess"

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

4.2.41.1 staff management;
4.2.41.2 training and development of staff or overseeing the training and development of staff;
4.2.41.3 stock control;
4.2.41.4 time management;
4.2.41.5 marketing and promotions;
4.2.41.6 administration, accounts and orders;
4.2.41.7 grievance and disciplinary procedures;
4.2.41.8 salon maintenance and security;
4.2.41.9 housekeeping and running costs;
4.2.41.10 cash control; and
4.2.41.11 quality control of all of the abovementioned functions.

 

4.2.42 "massage therapist"

means a person executing, performing or applying massage therapy;

 

4.2.43 "massage therapy"

means the manual manipulation of soft body tissue including but not limited to muscle, connective tissue, tendon and ligaments by way of rubbing, stroking, kneading or various other methods, to enhance health, well-being and relaxation;

 

4.2.44 "minor"

means an Employee who is 16 (sixteen) years or older, but who has not yet attained the age of majority, by virtue of turning 18 (eighteen) years old or otherwise;

 

4.2.45 "multi skilled operator"

means an operator that also performs some of the duties of a Hairdresser/Hairstylists;

 

4.2.46 "nail technician"

means 1 (one) of any of the 3 (three) job categories being either:—

4.2.46.1 Qualified Nail Technician: means an Employee that has completed a 1 (one) year formal qualification to apply artificial nails and provide nailcare therapy to the hands and/or feet; and
4.2.46.2 Certified Nail Technician: means an Employee that does not hold a formal qualification, but whom has received brand specific training and obtained a certificate for such skill acquired for purposes of applying silk and/or fibre and/or acrylic and/or gel nails which Employee may only operate within the brand that provided him or her with such training; and
4.2.46.3 Unqualified Nail Technician: means an Employee executing 1 (one) or more or all of the duties of either a Qualified Nail Technician or a Certified Nail Technician but does not have a qualification or certification issued by a Training Provider or brand.

 

4.2.47 "non-party"

means any Employer, Employee or Legal Owner who is not a member of a registered Employers' Organisation or Trade Union, which is a party to the Council.

 

4.2.48 "operator"

means an Employee who is employed in an Establishment and who performs 1 (one) or more of the following activities:

4.2.48.1 draping, brushing, shampooing and/or towel drying client's hair;
4.2.48.2 removing veils, pins, rollers, clips and other setting aids;
4.2.48.3 preparing clients for highlighting of hair;
4.2.48.4 applying instant conditioners, rinses or colour shampoos;
4.2.48.5 placing clients under or removing clients from driers;
4.2.48.6 applying perm lotions;
4.2.48.7 neutralising and rinsing perms and relaxers;
4.2.48.8 assisting with foils, pulling out highlights and applying bleach over a highlight cap;
4.2.48.9 giving clients scalp treatments by the application of any hairdresser treatment products prescribed by the manufacturer of that product, excluding any treatment performed by infra-red ray, ultra-violet ray, or thermos treatment;
4.2.48.10 tinting and applying colour (permanent and semi-permanent) and applying toners and/or bleach;
4.2.48.11 cleaning and/or sweeping premises;
4.2.48.12 running errands;
4.2.48.13 providing refreshments to staff and customers of an Establishment;
4.2.48.14 sanitising and disinfection tools, equipment and surfaces;
4.2.48.15 washing dishes; and
4.2.48.16 doing laundry and ironing.

 

4.2.49 "part-time employee"

means an Employee who is employed for not less than 1 (one) day per week or not more than 3 (three) days per week;

 

4.2.50 "party"

means any registered Employers' Organisation or Trade Union which is a Party to the Council and may refer to an Employer, Employee or Legal Owner, who is a member in good standing of any such Party;

 

4.2.51 "premium"

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

 

4.2.52 "public holiday"

means a Public Holiday as referred to in the Public Holidays Act, Act 36 of 1994, as amended;

 

4.2.53 "remuneration"

means any payment in money or in kind, or both in money and in kind, made or owing to any person in return for that person working for the other;

 

4.2.54 "salon assistant"

means an Employee, employed by an Employer in an Establishment who is engaged in 1 (one) or more of the following activities:—

4.2.54.1 cleaning, sweeping or washing the Establishment or utensils, receptacles, furniture or other articles;
4.2.54.2 running errands;
4.2.54.3 making tea or similar beverages;
4.2.54.4 washing, drying and/or folding of towels and linen used in or at the Establishment;
4.2.54.5 assisting Nail Technicians and/or Beauty Technologists and/or Beauty Therapists with routine tasks within the Establishment.

 

4.2.55 "spa assistant manager"

means to work closely with the Manager/ess and is mainly responsible for providing administrative support in performing daily activities with a spa. The Spa Assistant Manager will act as Spa Manager in the absence of the Unit Manager and actively support in the co-ordination and managing of all spa employees. This position includes the marketing of the spa and nurturing of guest relations.

 

4.2.56 "spa attendants"

means to maintain and administer the hygiene and safety procedures in the Spa working environment as per the standards set by the Employer. The attendants are to ensure that all front and back of house area is consistently monitored by following the cleaning guidelines and supervision of the manager. The Spa Attendant may from time to time need to assist the Spa Manager in serving guests food and beverages during groups and functions.

 

4.2.57 "spa manager/ess"

means an Employee who is employed to manage and oversee the management direction and development of a Spa. This includes, but is not limited to peaking retail sales, providing and training superior Spa services and effectively manage all Spa staff. To develop, monitor, and review all staffing needs and challenges, maximising scheduling opportunities, facility operations are in excellent working order, supply updated staff information and revenues for payroll, revenue management for target achievement, adhere and administer safety training, enforce standard operating procedures, create guest/client relations service satisfactory.

 

4.2.58 "spa receptionist"

means an individual in charge of welcoming guests into the Spa, responding to all enquiries while observing set standards. A Spa Receptionist should have knowledge of the services and treatments offered at the Establishment including any offers and promotions that may be on at a particular time. Spa Receptionist duties also include prioritizing workloads, ensuring all operational procedures are met and ensuring that standards or appearance codes of conduct are adhered to and implemented to the latter.

 

4.2.59 "SDA"

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

 

4.2.60 "short time"

means the implementation of reduced working time i.e. fewer number of hours per day and/or fewer number of days per week, due to a shortage of work and/or any other justifiable contingencies beyond the control of the Employer, as contemplated in clause 20;

 

4.2.61 "somatologist"

means an Employee who has completed a 3 (three) year formal qualification focusing on the scientific study of the human body in respect of which a diploma has been bestowed on him or her to enable him or her to treat and prevent a variety of skin and body conditions with a holistic and/or health related approach as well as improving the general wellness and aesthetic appearances through information and the practice of healthy lifestyle habits products and clinic treatments.

 

4.2.62 "specific skilled stylist"

means a person who does not hold any qualification in hairdressing, and who, wholly or mainly, performs 1 (one) or most of the following tasks:

4.2.62.1 braiding, weaving or plaiting;
4.2.62.2 cutting only;
4.2.62.3 adding hair extensions only;
4.2.62.4 dreadlocks.

 

4.2.63 "SSETA"

means the Services Sector Education and Training Authority in terms of SDA;

 

4.2.64 "student"

means an Employee who may be a minor, employed in an Establishment who has entered into a Student Contract with the Employer and has submitted the student contract to the Council, it order to become qualified to render Cosmetology Services;

 

4.2.65 "training provider"

means an institution accredited by SSETA, QCTO or registered by City and Guilds or approved by the Council to provide training;

 

4.2.66 "temporary employee"

means an Employee employed by an Employer in terms of which it is agreed that:—

4.2.66.1 the Employee is employed for a limited period of time, upon effluxion of which the Employee shall cease to be employed by the Employer; or
4.2.66.2 is employed as a substitute for an Employee who is temporary absent, excluding in the event of maternity leave; or
4.2.66.3 is employed to perform a specific task or execute a specific project, upon finalisation of which the Employee's employment with the Employer will terminate and may include a contract worker.

 

4.2.67 "time-off"

means authorized leave of absence on full pay for any reason whatsoever, usually in relation to time off in lieu of time worked in, but does not include any form of leave;

 

4.2.68 "working employer"

means an Employer or owner who performs work similar to that carried out by an Employee;

 

4.2.69 "unqualified"

means, where it appears from a prefix to any job category stated in this Agreement or annexure thereto, an Employee executing one, or more or all of the duties of that particular category, but does not have a qualification or certification issued by a Training Provider.

 

4.3 Where any calculation is to be made in terms of this Agreement in respect of Commission or PSC, and the Employer is registered for Value Added Tax ("VAT"), the VAT shall be deducted prior to the calculation being made.

 

 


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