Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Sectoral DeterminationsSectoral Determination 1 : Contract Cleaning Sector, South Africa2. Definitions |
Unless the context indicates otherwise, any expression used in this determination and which is defined in the Basic Conditions of Employment Act, 1997, has the same meaning as in that Act, further, unless inconsistent with the context—
means the Pension Funds Act, 1956, as amended, and the regulations made in terms of that Act.
[Definition inserted by section 1 of Notice No. R. 1196 of 2001]
means the Actuary appointed in terms of the Rules of the Fund.
[Definition inserted by section 1 of Notice No. R. 1196 of 2001]
means NBC Negotiated Benefits Consultants (Pty)Ltd and such other administrator of the Fund's investments or the disposition of its benefits as may be appointed by the Board from time to time in accordance with the Act and the Rules.
[Definition inserted by section 1 of Notice No. R. 1196 of 2001]
means employees who are charged by the employer with the performance of work entailing responsibility for taking decisions of an administrative nature in the conduct of any activity;
means the period of 12 months employment with the same employer.
includes a collective agreement.
means the Fund's board of trustees appointed or elected in accordance with its Rules and the Act.
[Definition inserted by section 1 of Notice No. R. 1196 of 2001]
means the Commission for Conciliation, Mediation and Arbitration established in terms of section 112 of the Labour Relations Act, 1995;
means a person where a significant portion of the work to be performed requires that person so employed to clean office, school, business, factory, residential or any other premises, or any airplanes, trucks, cars, buses, trains or any other vehicle requiring to be so cleaned on a contractual basis and/or to clean the furniture and any other object(s) in such premises and vehicles, and/or to perform any work incidental thereto;
[Definition substituted by section 1(a) of Notice No. R. 467 of 2001]
means the sector in which employers and employees are associated for the purpose of cleaning or washing by hand or machine, of furniture, windows, carpets, doors, floors, tools, machinery, under supervision at industrial and commercial premises, buildings, and flats that are let commercially or any airplanes, trucks, cars, buses, trains or any other vehicle requiring to be so cleaned;
[Definition substituted by section 1 of Government Gazette 35825, Notice No. R. 876 of 2012]
means the amount payable monthly to the Fund by each Employer in the Contract Cleaning Sector in respect of each of his/her employees whose conditions of employment are governed by Sectoral Determination 1 : Contract Cleaning Sector.
[Definition inserted by section 1 of Notice No. R. 1196 of 2001]
means a period of 24 hours measured from the time when the employee normally commences work.
means any person (other than an independent contractor, Temporary Employee or an employee who is employed on a casual basis) who
| (a) | is employed by the Employer and works for more than 24 hours per month in the Contract Cleaning Sector and is defined as an employee as per the Sectoral Determination applicable to the Contract Cleaning Sector; and |
| (b) | receives or is entitled to receive any remuneration; and |
| (c) | has not reached the Normal Retirement Age as defined in the Rules; and |
| (d) | is not a member of a fund providing retirement benefits which was set up in terms of an agreement under the Labour Relations Act, 1956 or in terms of a collective agreement concluded in council in terms of the Labour Relations Act (Act No. 66 of 1995). |
[Definition inserted by section 1 of Notice No. R. 1196 of 2001]
means work which is required to be done without delay owing to circumstances for which the employer could not reasonably have been expected to make provision and which cannot be performed by employees during their ordinary hours of work.
means any person excluding an independent contractor, who works for another person for more than 24 hours per month in the Contract Cleaning Sector and who receives, or is entitled to receive, any remuneration;
means any person who employs or provides work for
| (a) | any person in the Contract Cleaning Sector and remunerates him/her or who permits any person in any manner to assist him/her in the carrying on or conducting of his/her business; and employ and employment shall have corresponding meaning; and |
| (b) | any person in another sector performing functions or services similar to those performed in the Contract Cleaning Sector as defined in the Sectoral Determination applicable to the Contract Cleaning Sector. |
[Definition inserted by section 1 of Notice No. R. 1196 of 2001]
means any premises or part thereof, on or in connection with which one or more employees are employed in the Contract Cleaning Sector;
means The Contract Cleaning National Provident Fund;
[Definition inserted by section 1 of Notice No. R. 1196 of 2001]
means the Member's basic annual salary or wages, adjusted on a basis agreed to from time to time between the Employer and the Member; provided that for the purposes of the Fund, Fund Salary shall be determined on the first day of each month of membership of the Fund.
[Definition inserted by section 1 of Notice No. R. 1196 of 2001]
means an employee whose wage is calculated on an hourly basis notwithstanding the frequency of the payment thereof;
means inability to work owing to any sickness or injury other than sickness or injury caused by an employee’s own misconduct: Provided that any such inability to work, caused by an accident or scheduled disease for which compensation is payable under the Compensation for Occupational Injuries and Diseases Act, 1993, shall only be regarded as incapacity during any period in respect of which no disablement payment is payable in terms of that Act.
includes the common law;
means an employee who is charged by his/her employer with the overall supervision over, responsibility for, and direction of the activities of and establishment and the employees engaged therein;
means-
| a) | a person entitled to practice as a medical practitioner in terms of section 17 of the Medical, Dental and Supplementary Health Service Professions Act, 1974 (Act No 50 of 1974); or |
| b) | a traditional healer; |
means an Eligible Employee who, having been admitted to membership of the Fund in accordance with the Rules, has not ceased to be a Member in terms of the Rules.
[Definition inserted by section 1 of Notice No. R. 1196 of 2001]
means a person registered or enrolled to practice as a midwife in terms of section 16 of the Nursing Act, 1978 (Act No. 50 of 1978);
means a calendar month.
means work performed after 18:00 and before 06:00 the next day;
means the hours of work prescribed in clause 8 but if by agreement between an employer and the employee the Latter works a lesser number of ordinary hours, it means such shorter hours;
means the time that an employee works during a day or a week in excess of ordinary hours of work;
means all public holidays declared as such in terms of the Public Holidays Act, 1994
shall mean any fund in which an Employer participated prior to becoming an Employer in the Fund and from which money was transferred in terms of Section 14(a) of the Act.
[Definition inserted by section 1 of Notice No. R. 1196 of 2001]
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 any other person, including the State, and "remunerate" has a corresponding meaning;
means the Rules of the Fund and such alterations as may at any time be applicable.
[Definition inserted by section 1 of Notice No. R. 1196 of 2001]
means an employee who is engaged in shift work in a workplace in which two or three consecutive shifts per day are worked on not more than six day per week;
means a temporary reduction in the number of ordinary hours of work owing to slackness of trade, shortage of raw materials, vagaries of the weather, a breakdown of plant or machinery or buildings that are unfit for use or is in danger of becoming unfit for use.
means
| (a) | an employee who has been contracted to fill the position of an employee on sick leave, maternity or annual leave; or |
| (b) | an employee who has been contracted to work on a specific site where the contract with the Employer's client is for a period of not more than one month. |
[Definition inserted by section 1 of Notice No. R. 1196 of 2001]
means the Basic Conditions of Employment Act ,1997;
means an industry or a service or a part of an industry or a service;
means that amount of money payable to an employee in terms of clause 3 read with clause 11 in respect of his/her ordinary hours of work: Provided that if an employer regularly pays an employee in respect of such ordinary hours of work an amount higher than that prescribed in clause 3, it means such higher amount, and "weekly wage" has a corresponding meaning;
see "wage";
in relation to an employee, means the period of seven days within which the working week of that employee ordinarily falls;
means any place where employees work.