Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Sectoral DeterminationsSectoral Determination 4 : Clothing and Knitting Sector, South Africa2. Area and scope of determination |
| (1) | This determination shall apply to every employer in the Clothing and Knitting Sector as defined in subclause (2) and to all employees in that sector: Provided that the Determination shall not apply to— |
| (a) | a new employer as defined in subclause (3); |
| (b) | a manager as defined in subclause (4). |
| (2) | "Clothing and knitting sector" or "the sector" means the sector in which employers and employees are associated for the purpose of— |
| (a) | making, irrespective of the process or method used in such making, any one or more of the following classes of clothing, and includes the knitting of such articles as— |
| (i) | all classes of men’s and boys’ tweed and linen hats and caps; |
| (ii) | all classes of outer and undergarments for day wear, including shirts, collars, ties, socks, scarves, cloth belts and part of garments; |
| (iii) | pyjamas and other nightwear; |
| (iv) | protective clothing; |
| (v) | ladies’ or men’s gloves; |
| (vi) | stockings or socks; |
| (vii) | all classes of garments including quantity production tailoring made to the order of any Department in the national or provincial sphere of government; Transnet; the South African Airways; or Local government; |
| (viii) | tailored outer garments for the execution of special measure orders from dealers whose customers measurements are taken by or on behalf of such dealers; and |
| (b) | conducting the knitting of clothing fabric where this is performed in conjunction with the manufacture of any one or more of the articles mentioned in (a) but does not include— |
| (i) | retail dressing, retail millinery or the making of garments to the measurement of individual persons; |
| (ii) | any manufacturing activity in the clothing, knitting or ladies’ stockings industry for which a bargaining council is registered or deemed to have been registered in terms of the Labour Relations Act, 1995 (Act No. 66 of 1995). |
| (3) | "New employer" means a business newly established in the clothing and knitting sector, during the first 12 months of its existence in the sector: Provided that if an existing business undergoes a change of name or ownership (including a change of directors, members or partners) while largely retaining the same employees and/or clients, it shall not be regarded as a new employer. [See also the proviso to clause 3(1)]. |
| (4) | "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 part of an establishment and the employees engaged therein, but does not include an employee in the same establishment who relieves or acts for a manager during the latter’s absence. |