Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997) Sectoral Determinations Sectoral Determination 12 : Forestry Sector, South Africa Part G : Termination of Employment 38. What words mean in this determination

 

Any expression in this determination, which is defined in the Basic Conditions of Employment Act (the Act) and is not defined in this clause, has the same meaning as in the Act and—

 

"agreement"

includes a collective agreement;

 

"Basic Conditions of Employment Act"

means the Basic Conditions of Employment Act, 1997 (Act 75 of 1997);

 

"child"

means a person who is under 15 years of age;

 

"contractor"

means individuals and legal entities who render agricultural, harvesting and transport services to the Forestry Industry for commercial gain and for whom these forestry contracting activities make up the majority of the time spent on all contracting or sub-contracting activities undertaken by these businesses;

 

"commercial timber growers"

a farmer who cultivates a commercially viable amount of timber for profit;

 

"conservation forestry"

refers to the maintenance and protection of natural (indigenous) forests and woodlands in South Africa on a sustainable level;

 

"day"

means, for the purposes of measuring hours of work, a period of 24 hours, measured from the time when a forestry worker normally commences work;

 

"dispute"

includes an alleged dispute;

 

"emergent contractor"

refers to a previously disadvantaged individual or company owned by a previously disadvantaged person that has started to operate as a contactor within the past five years, sometimes with the support of another sector organisation;

 

"emergent timber growers"

refers to a previously disadvantaged person who has started growing timber within the past ten years, usually with the support of other sector organisations (e.g. corporate forestry companies). The scale of operation is generally less than 50 hectors.

 

"employee"

has the corresponding meaning as "forestry worker";

 

"farming activities"

includes but not limiting its meaning, primary and secondary agriculture, mixed farming, horticulture, aqua farming and farming of animal products or field crops.

 

"forestry sector"

refers to forestry operations related to the planting, growing, tending and harvesting of trees. Forestry operations end at the gate to the plantation.

 

"forestry worker"

means a worker who is employed mainly or wholly in connection with forestry activities, and includes a domestic worker employed in a home on a plantation and a security guard employed on a plantation or other premises where forestry operations are conducted, excluding a security guard, employed in the Private Security Industry Sector;

 

"incapacity"

means inability to work owing to sickness or injury;

 

"Minister"

means the Minister of Labour;

 

"month"

means a calendar month;

 

"monthly wage"

means an employee’s weekly wage multiplied by four and a third;

 

"night work"

means work performed after 18:00 and before 06:00 the next day;

 

"ordinary hours of work"

means the hours of work permitted in terms of clause 13;

 

"overtime"

means the time that the forestry worker works during a day or in a week in excess of ordinary hours of work;

 

"paid leave"

means any annual leave, paid sick leave or family responsibility leave that a forestry worker is entitled to in terms of Part E of this determination;

 

"public holiday"

means any day that is a public holiday in terms of the Public Holiday Act, 1994 (Act No. 36 of 1994);

 

"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 any other person, including the State;

 

"stand by"

means when an employee is required to be at work during the night but sleeping and available for work between 20:00 and 04:00 the next day;

 

"wage"

means the amount of money paid or payable to a forestry worker in respect of ordinary hours of work or, if they are shorter, the hours a forestry worker normally works in a day or week;

 

"week"

in relation to a forestry worker, means the period of seven days within which the working week of that forestry worker falls;

 

"work place"

means any place where a forestry worker works.