Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesNational Bargaining Council of SA Leather IndustryGeneral Goods and Handbag SectionCollective Agreement4. Wages, Rates and Remuneration |
| (1) | Minimum Wages |
Every employer shall pay each employee at not less than the minimum rate prescribed in Column A of Clause 1 of Annexure C for the operation performed by the employee.
| (2) | Attendance Bonus |
| (i) | Subject to subclause (2)(ii), an employee who does not absent himself/herself for more than fifteen (15) minutes in any working week (other than absence authorized by his/her employer, or on account of illness, supported by a certificate signed by a registered Health Practitioner), shall also be paid an attendance bonus, and shall receive an amount of not less than the rate prescribed in column B of Annexure C for the operation performed by the employee. |
| (ii) | If an employee is absence with a sick certificate, that employee will be entitled to the attendance bonus. If the employee is again absent within a four (4) month cycle, there will be no entitlement to the attendance bonus. |
| (iii) | Subclause (ii) above does not apply to employees attending clinic or hospitals for chronic medication, or family responsibility leave as per the main agreement. |
| (iv) | An employee who is aggrieved at not being paid the attendance bonus, or feels that his/her employer has unreasonably refused to accept evidence of an event beyond the control of the employee who has caused the lateness, may submit a written appeal to the District Committee in the area. Both parties shall be entitled to make written or personal representation to the District Committee, which, after hearing the appeal, may confirm or reverse the employer’s decision, and this shall be binding on the employer and the employee concerned. |
| (3) | Calculation of Wages |
Any calculation of Wages must be based on the employee’s weekly wage rate, and shall be calculated on the basis of a working week in the case of a—
| (i) | day shift worker at 42 hour working week; |
| (ii) | night shift worker (other than a shift worker) a 38 hour working week; |
| (iii) | shift worker at 372 hour week; |
The working week shall end not earlier than on Wednesday in a calendar week.
The hours of a Motor Vehicle Driver may not be reduced.
| (4) | Payment of Wages |
Wages shall be paid weekly, not later than Friday during working hours in a sealed envelope if paid cash.
Employees must be paid their wages individually, and payment must be accompanied by a payslip stating the following details:—
Employee ...........................................................................................
Wage Rate ...........................................R..........................................
Hours worked (excl. Overtime)........R..........................................
Wages due ....................................... ....R...........................................
Overtime for work on Sunday .........R..........................................
Deductions:
Unemployment Insurance Fund.......R..........................................
Sick Benefit Fund ......................... ..R..........................................
Provident Fund...................................R..........................................
Insurance or Pension ...................... .R..........................................
Trade Union subscriptions................R..........................................
Council Levies....................................R..........................................
Total Deductions*.......................R________________________
Net earnings ..............................R________________________
Employer ..........................................................................................
Date ...................................................................................................
* Total deductions only need be shown, except in the event of any changes being made in the net earnings of an employee when the deductions for that week shall be set out in detail as indicated.
| (5) | Deductions |
An employer may not deduct any amount from an employee=s wages except an amount—
| (a) | Required by law. |
| (b) | Required or permitted by this or any other collective agreement concluded by the Parties to the Council. |
| (c) | Authorised by the employee, for any insurance, holiday or savings scheme approved by the Council and subscriptions for any trade union which is a party to the Council. |
| (6) | Premium Wage |
An employee who prior to negotiated increases in prescribed wage rates, is being paid a premium above the prescribed rate for his operation, shall continue to be paid that premium when the new prescribed rates come into operation.
| (7) | Overtime Rates |
| (i) | Employees who work before their usual starting time and after their usual finishing time shall be paid as follows: |
Mondays to Saturdays at the hourly rate, plus 50%.
| (ii) | Whenever an employee works on a Sunday, he shall be paid on the following basis:— |
Any period not exceeding 4 hours - one day=s wages; any period exceeding 4 hours - double his ordinary hourly rate or 2 days= wages, whichever is the greater.
| (iii) | Payments at the above overtime rates shall be subject to employees completing the ordinary hours for the working week as stipulated in sub-clause (3): Provided that, where the required working week has not been completed because of the implementation of short-time, or the grading of any leave authorised in terms of a provision of this agreement, or any relevant statute, this shall not be taken into account in calculating the ordinary hours for that working week. |
| (iv) | Load Shedding |
Notwithstanding the above, where factories are prevented from working owing to load shedding during their usual working hours, employers and employees (and their representative trade unions’ where applicable), may meet and agree at factory level to work before the usual starting time or after the usual finishing time at ordinary or agreed overtime rates. Such agreements shall be reduced to writing, signed by or on behalf of both parties, and a copy lodged with the General Secretary of the Council before implementation.
| (8) | Shift Allowance |
Where two or more shifts are worked, employees shall be paid a shift allowance of 15% of their weekly wage.
| (9) | Subsistence Allowance |
Where a motor vehicle driver and his assistant are required by their employer to be away from home, an allowance of R200 shall be paid in respect of every night such employees spend away from home.
[Clause 4(9) substituted by section 3 of Notice No. R. 1413, GG42813, dated 1 November 2019]
| (10) | Remuneration due to a deceased employee |
Any accrued payment which at the date of death was due to a deceased employee shall be paid to his next of kin, and the estate of the deceased employee shall have no claim on the employer for such amount.
| (11) | Paid leave for time lost |
Employees who are required to undergo X-Rays relating to Tuberculosis detection shall be paid in full for time lost in respect of such absence.
| (12) | Paid leave to attend Pre-Natal Clinics |
Female employees shall be entitled to three (3) days paid leave of absence during the last 3 months of their pregnancy to attend pre-natal clinics.
[Clause 4(12) substituted by section 3 of Notice No. R. 219, GG44288, dated 18 March 2021]
| (13) | Paid Time for Trade Union Meetings |
Employees who are members of the trade unions will be entitled to one hour=s paid leave on a quarterly basis to meet with trade union officials, provided that such meeting is conducted during the last hour of a working day, as arranged with the employer.
| (14) | Insurance of Wages |
Every employer shall maintain an insurance policy covering up to one week=s wages in the event of the employees being unable to work due to fire and/or flood.
The employer shall submit to the District Secretary within fourteen days of being requested to do so, a certificate from the insurer confirming this insurance.
In the event of an employer being unable to obtain a certificate of insurance, the employer shall deposit an amount equal to one week=s wages for all employees with the Council.
| (15) | [Clause 4(15) deleted by section 3 of Notice No. R. 2701, GG47443, dated 4 November 2022] |