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

Bargaining Council for the South African Road Passenger (SARPBAC)

Main Collective Agreement

2. Definitions

 

 

Unless the context otherwise indicates, any expressions which are used in this Agreement and which are defined in the Labour Relations Act, 1995, shall have the same meaning as in that Act and for the purposes of this Agreement an Employee shall be deemed to be in the job title in which he is wholly or mainly engaged; further, unless inconsistent with the context:

 

"Bargaining Council"

means the South African Road Passenger Bargaining Council (SARPBAC);

 

"Basic Wage"

means the amount of money payable to an Employee in respect  of  his/her ordinary hours of work;

 

"Bus"

means a power-driven vehicle intended to carry more than 16 persons, including the driver of the vehicle;

 

"Day"

means the period of 24 hours from midnight to midnight. Provided that in the case of a member of the operating staff it shall mean a period of 24 consecutive hours calculated from the time the Employee commences work;

 

"Daily wage"

means an Employee's hourly wage multiplied by the Employee's ordinary hours of work in a day;

 

"Eligible Employee"

means an individual, other than an individual who is part of an Employer's Management, Supervisory or Management Support Staff, who works in the Road Passenger Transport Trade and who is in the permanent employ of an Employer.

 

"Employee"

for the purpose of this agreement means "Eligible Employee"

 

"Employer"

means an individual, company or organisation that employs or provides work for any person in the Road Passenger Transport Trade;

 

"Hourly Rate"

means an Employee's hourly rate of pay;

 

"Job Title"

means the position occupied by an Employee within an Employer's organisation;

 

"Management Staff"

mean those individuals who are responsible for the management of the business or a division, department, depot, section or workshop within such a business. Business owners, directors and/or persons holding positions of assistant manager, or any more senior position within an Employer's staff structure, fall within the definition of this category of staff;

 

"Management Support Staff"

means those individuals' providing support services within a business. Individuals involved in the auditing, accounting, personnel administration, payroll, recruitment, welfare, public relations, secretarial and/or information technology functions as well as those with insurance claim processing, disciplinary activities or security services (other than individuals working as security guards) fall within the definition of this category of staff;

 

"Minimum Hourly Rate"

means the minimum basic hourly rate of pay applicable to a specific job as reflected in "Annexure A";

 

"Monthly wage"

means an Employee's Weekly Wage multiplied by 52 and divided by 12;

 

"Operating Staff"

means a bus driver, bus driver-conductor, checker/regulator, conductor, dispatcher/transport officer, inspector, point controller, clip card seller, ticket office Employee, senior  inspector, senior dispatcher/transport  officer, senior checker/regulator;

 

"Ordinary Hours of Work"

means the hours of work prescribed in clause 6 or if by agreement between Employer and his Employee the latter works a lesser number of hours, such shorter hours, and includes:

(a) all periods during which an Employee is obliged to remain at his post in readiness to commence or proceed with his work; and
(b) all time spent by a bus driver or bus driver-conductor on work connected with the bus or the passengers and all time spent by a driver of a motor vehicle on work connected with the vehicle or its load,

but does not include any meal interval, sleep-over period or any time for which a subsistence allowance is payable to an Employee ,if during such period, the Employee does no work other than remaining in charge of the vehicle;

 

"Overtime"

means that portion of any period worked by an Employee during any week or on any day which is longer than his weekly or daily ordinary hours of work, as the case may be, but does not include any period during which an Employee works for his Employer on a paid holiday, on his weekly day off as referred to in Clause 6.5 of this Agreement, or on a Sunday;

 

"Paid Holiday"

means New Year's Day, Human Rights Day, Good Friday, Family Day, Freedom Day, Workers' Day, Youth Day, National Women's Day, Heritage Day, Day of Reconciliation, Christmas Day, Day of Goodwill and any other day declared to be a paid public holiday in terms of the Public Holidays Act No. 36 of 1994;

 

"Retrenchment Fund"

shall mean a fund established in terms of the Pension Funds Act no 24 of 1956;

 

Road Passenger Transport Trade" or  "trade"

means the trade in which employers (other than employers exclusively conveying schoolchildren between their places of residence and the schools they attend) and their employees are associated for the purpose of conveying for reward on any public road any person by means of a power driven vehicle (other than a vehicle in possession and under the control of Transnet or a local authority) intended to carry more than 16 persons simultaneously including the driver of the vehicle and includes all operations incidental or consequential thereto.

 

"Short-time"

means a temporary reduction in the number of ordinary hours of work owing to slackness in trade, inability to operate normal services, a breakdown of plant, machinery, a bus or buses or a breakdown or threatened breakdown of buildings;

 

"Spreadover"

means the period in any day from the time an Employee commences work until he ceases work for that day;

 

"Subsidised Contract"

means a contract between an Employer and government in terms of which the Employer receives a subsidy in return for rendering prescribed services and is liable for the payment of penalties for non-performance.

 

"Supervisory Staff"

means those individuals' exercising supervisory control and who are responsible for the activities and/or work performance of Employees falling within the ambit of such control. Individuals occupying a position such as assistant manager or higher in the administration function, charge hand or higher in the engineering function, chief inspector or higher in the traffic function, chief operator or higher in the traffic control function or assistant chief ticket office clerk or higher in the revenue receiving function fall within the definition of this category of staff;

 

"Terminally III Employee"

means a permanent employee who has been diagnosed by a company appointed and/or approved certified specialist physician as suffering from a terminal disease;

 

"Week"

in relation to an Employee, means the period of seven days within which the working week of the Employee ordinarily falls.

 

"Weekly wage"

means an Employee's hourly rate multiplied by the ordinary hours worked in a week.