Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesNational Bargaining Council for the Road Freight and Logistics Industry (NBCRFLI)Main Collective AgreementPart 10 : Provisions applicable to particular categories of employees59. Drivers |
| (1) | Unless the context indicates otherwise, drivers are bound by this clause and the remainder of this Agreement. |
| (2) | In addition to any other requirements prescribed by this Agreement or by law, drivers engaged in the transportation of either hazardous substances, or perishable products, may participate in industrial action only after— |
| (a) | the safe discharge of their loads and the return of the vehicles to the employers' establishments; or |
| (b) | having given their employers written notice of at least seven days of their intention to participate in industrial action if the industrial action will occur during a period when they are required to undertake a trip involving the transportation of hazardous substances or perishable products. |
| (3) | If an employer's client restricts a dangerous good driver's maximum daily working hours from 15 hours to a lesser number of hours per working day, the driver must be deemed to have worked the full working day and must be paid— |
| (a) | for the ordinary hours of work plus overtime in terms of this Agreement; |
| (b) | an allowance specified in Schedule 5. |
| (4) | Payment to a driver in terms of subclause (3) is conditional on— |
| (a) | the allowance being offset against existing practices where any amount or allowance is already paid to compensate for a similar purpose; and |
| (b) | a driver not refusing to be transferred between different operations. |
| (5) | For the purposes of this clause, a "dangerous goods driver" means a driver who has qualified as a dangerous goods driver and holds the appropriate Professional Driving Permit and hazardous goods certificate and has been specifically employed to transport goods by a company that is registered to operate as a transporter of dangerous goods. |
| (6) | Drivers must ensure that they have valid and current Professional Driving Permits. |
| (7) | The employer of a driver— |
| (a) | must refund the driver, on submission of proof of payment, the costs of the prescribed fee for the renewal of a Professional Driving Permit and the costs of a medical certificate and fingerprinting, if these were officially required; |
| (b) | may recover a pro rata amount of any amount paid as a refund in terms of this subclause, by means of a deduction from the driver's wage, if the driver resigns within six months of the date of renewal of his or her Professional Driving Permit. |
| (8) | Clause 5(6) of this Agreement does not apply to a driver or to an employee who accompanies or assists a driver on the vehicle while such vehicle is not at the employer's establishment. |