Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesNational Bargaining Council of SA Leather IndustryTanning SectionCollective Agreement7. Remuneration7.1. Wages and Wage rates |
(1)
| (a) | An employer will pay an employee at least the wages prescribed in terms of Schedule 1 for the operations performed by the employee. |
[Clause 7(7.1)(1)(a) substituted by section 4 of Notice No. R.4039, GG49618, dated 10 November 2023]
| (2) | The prescribed wages will be payable for a working week of 42 ordinary hours, except in the case where an employer and is employees have negotiated a 45 ordinary hour working week, or where employees are engaged on shift-work as prescribed. |
| (3) | Where an employee is engaged on night work, remuneration will be payable for a working week of 42 hours plus 10% calculated on the hourly rate. |
| (4) | Shift allowances |
Employees working shifts of less than 42 ordinary hours per week will be paid as follows:
| (a) | Where the majority of ordinary hours fall between 06h00 and 14h00, the employee will be paid at his hourly rate as well as a shift allowance of 8% per hour. |
| (b) | Where the majority of ordinary hours fall between 14h00 and 22h00, the employee will be paid at his hourly rate as well as a shift allowance of 12% per hour. |
| (c) | Where the majority of ordinary hours fall between 22h00 and 06h00, the employee will be paid at his hourly rate as well as a shift allowance of 14% per hour. |
| (5) | Payment of wages |
Wages will be paid in cash weekly during ordinary business hours and not later than Friday, An employer and his employees may negotiate at plant level to pay wages fortnightly, and/or to a different method of payment. Where employees are paid in cash, wages will be placed in a sealed envelope with the following details appearing on the outside in indelible writing:
Employee ...................................................... |
Hourly Rate ................................................... |
Pay for work on Sundays................................. |
Hours worked: ............................................... |
(i) Ordinary hours ......................... |
(ii) Overtime ................................. |
Amount due .................................................. |
Deductions .................................................... |
P.A.Y.E. |
Unemployment Insurance Fund .................... |
Sick Benefit Fund ......................................... |
Provident Fund ............................................ |
Insurance or Pension Fund ............................ |
Trade union subscriptions ............................. |
Council levies ............................................... |
Net earnings ................................................ |
Employer ..................................................... |
Date ............................................................ |
| (6) | Deductions |
Deductions may not be made from an employee’s pay other than the following:
| (a) | Where the employee was absent from work other than on the instructions or at the request of his employer, a deduction proportionate to his period of absence; |
| (b) | With the written consent of the employee, for holiday, unemployment, sick, insurance, pension funds or savings funds (approved by the Council); |
| (c) | Contributions and levies to the Council or Council Funds; |
| (d) | For payment of money on behalf of an employee that an employer is forced to make through a court order or legal process; |
| (e) | With written consent from the employee, deductions for any trade union funds (only trade unions who are parties to the Council); |
| (7) | No premium for the training of an employee will be charged or accepted by an employer, except in terms of a training scheme to which an employer is legally required to contribute. |
| (8) | Learners |
An employee who is promoted to or re-engaged on an operation with a higher prescribed rate of pay and for which a learnership scale is prescribed will become a learner on that operation will be paid that notch of the learnership scale which is immediately higher than the rate on his previous operation.
| (9) | Premium wage rate |
| (1) | A premium is an amount, being the difference between an employee's actual hourly rate (excluding overtime, incentives and shift allowances) and the prescribed hourly rate. An employee will be entitled to continue receiving the premium while he is employed on the same operation with the same employer, and such premium may not be offset against any increases granted in terms of any amendments to this Agreement. |
| (2) | Should there be any General Workers who at 30 June 2019 were employed in Band D earning the applicable prescribed rate, he/she shall continue earning that rate and any future increases shall be calculated accordingly. |
[Clause 7(7.1)(9) substituted by section 5(5.1) of Notice No. R. 1393, GG42807, dated 30 October 2019]
| (10) | Remuneration due to a deceased employee |
Where a dependant of a deceased employee can provide proof to an employer of the death of the employee, the employer may pay any wages still owing to such employee to the dependant. The estate of the employee will not have any claim on the employer.
| (11) | Acting allowance |
An employee who has to perform, for a temporary period, an operation for which a higher wage is prescribed will be paid the higher rate for the time worked on that operation. An employee who temporarily has to perform an operation for which a lower rate is prescribed will be paid the wage he received before working on that operation.
| (12) | Incentive schemes |
Incentive schemes will be negotiated at plant level. A copy of the agreement, signed by the employer and representatives of the majority trade union, will be forwarded to the Secretary of the Council.
| (13) | Phasing In Period |
Non party employers who previously operated outside the Council’s geographical scope as at 8 February 2001, and who are paying wage rates less than those prescribed in clause 7.1 of this agreement, will be granted a concession allowing these employers to phase in the increase of their wage rates to the level of those prescribed in clause 7 in terms of the undermentioned timetable.
From 1 July 2001, 70% of the prescribed rate
From 1 July 2002, 80% of the prescribed rate
From 1 July 2003, 100% compliance with the prescribed rate.
Employers requiring further exemptions will have to apply for such in terms of the provisions of clause 12.
| (14) | Fortnightly Payment Allowance |
Where an employer and his/her employees have agreed at plant level to pay wages fortnightly in terms of Clause 7(2), employees shall be paid a non-"contributory allowance" of 0.3% of their prescribed rate for the operation they perform at the time of implementation of such agreement.