Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997) Sectoral Determinations Sectoral Determination 2 : Civil Engineering Sector, South Africa 1. Definitions

 

Unless the context indicates otherwise, any expression which is 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—

 

"administrative personnel"

mean 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;

 

"cross border work"

means work performed outside the borders of the Republic of South Africa.

 

"employee"

means—

(b)        any other person who in any manner assists in carrying on or conducting the business of an employer.

 

"emergency work"

means any work which owing to unforeseen circumstances such as fire, storm, land subsidence, accident, epidemic, act of violence, theft, a breakdown of plant, motor vehicles or machinery or a breakdown or threatened breakdown of structures, or any critical operational requirement, must be done without delay;

 

"establishment"

means any premises or construction site or part thereof in, on or in connection with which one or more employees are employed in the Civil Engineering sector;

 

"foreperson"

means an employee who is in charge of employees in an establishment or section of an establishment, who exercises control over such employees, and who is responsible for the efficient performance by them of their duties;

 

"hourly-rated employee"

means an employee whose remuneration is calculated on an hourly basis notwithstanding the frequency of the payment thereof, and who is not a salaried employee;

 

"law"

includes the common law;

 

"local authority"

means a 'local government body' as defined in the Local Government Transition Act, 1993;

 

"manager"

means an employee who is charged by the employer with the overall supervision over, responsibility for, and direction of the activities of an establishment or a department of an establishment and the employees engaged therein;

 

"overtime"

means the time that an employee works during a day, or a week, in excess of the ordinary hours of work prescribed for such employee in clause (1), but does not include work performed on a Sunday or a paid public holiday;

 

"paid public holiday"

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

 

"pay"

means payment of remuneration in cash or by cheque or by other means;

 

"permanent employee"

means any employee who is not an employee employed in terms of a limited duration contract;

 

"piece-work"

means any system under which an employee's remuneration is based on the quantity of work done;

 

"salaried employee"

means an employee whose remuneration is calculated on a monthly basis notwithstanding the number of hours or days actually worked, who performs work generally understood to be that of a salaried employee, and who is not a "hourly-rated employee";

 

"self-propelled plant"

means a power-driven or pedestrian-operated self-propelled vehicle, other than a motor vehicle, which is designed or adapted principally to perform with or without a towed attachment, one or more functions while moving, and may also-perform such functions while standing still;

 

"short-time"

means a temporary reduction in the number of ordinary hours of work owing to vagaries of the weather, a slackness of trade, a shortage of materials, a breakdown of plant or machinery or a breakdown or threatened breakdown of structures, or any unforeseen contingencies and/or circumstances beyond the control of the employer or a temporary reduction in the number of ordinary hours of work owing to riots, unrest or acts of terrorism or disorder, which directly affect the employer's ability to provide work;

 

"stationary plant"

means a power-driven device, whether or not mounted on a self-propelled or non-self-propelled vehicle, which is designed or adapted principally to perform one or more functions while standing still;

 

"wage"

means the amount of money payable to an employee in terms of clause 3 in respect of the ordinary hours of work as prescribed in clause 8(1): Provided that—