| 1. | Comprehensive HIV/AIDS awareness strategy |
| (a) | conducted an investigation, research, negotiation and consultation and has concluded that no existing social security, health, pension or medical scheme functioning within parameters of current legislation has the means, potential, scope or ability to provide comprehensively for the various services required by the Industry, and in particular to deal with the challenges of the effects of the HIV/AIDS pandemic on the Industry; |
| (b) | as a result of the processes conducted in paragraph (a), devised a comprehensive strategy to promote awareness for the provision of facilities, services and substantive and procedural rights and benefits for employees in the Industry who are diagnosed HIV positive, or who suffer from the effects of AIDS; |
| (c) | developed an implementation plan for implementing the comprehensive awareness strategy. |
| (1) | The Wellness Committee will engage the current Service Provider on reviewing the existing benefit structure in an attempt to provide alternative options that will address specific needs of those contributing or to investigate any other alternatives in this regard, within the existing contribution rates. |
| (2) | The Wellness Committee will report to EXCO in this regard within 6 months from the Agreement becoming effective in terms of the Council's Constitution, clause 20.4. |
[Item 1A inserted by clause 9 of Notice No. R. 329, GG 39830, dated 17 March 2016]
| 2. | Employer and employee contributions to Implementation of strategy |
| (1) | The expenses involved in implementing and maintaining the implementation plan and any amendments to the plan, will be defrayed from money collected in the following manner: |
| (a) | amount equivalent to 1% per week of an employee's normal basic weekly wage must be deducted by an employer from the wage of every employee who works for the employer on one or more days in a week, including part-time employees, relief employees and temporary employees of a temporary employment service; |
[Schedule 4(2)(1)(a) substituted by section 5 of Notice No. R. 1102, GG 36017, dated 28 December 2012]
| (b) | an amount paid by the employer, equivalent to 1% of the total monthly basic wage bill. |
| (a) | pay the amounts referred to in sub-item (1) to the Council by no later than the 20th day of each month following the month when the money was deducted; |
| (b) | submit to the National Secretary of the Council an online monthly return, for each of the employer's establishments. The return must be submitted online to Council for this purpose, and must include each employee's full names, surname and identification number. Part-time employees and relief employees must be identified as such on the online monthly return by inserting a "P" or an "R", respectively, before the job category in the "Category" column. |
[Schedule 4(2)(2)(b) substituted by Notice No. 426, GG 42312, dated 15 March 2019]
| (3) | For the purposes of calculating the amount to be deducted in terms of paragraph (a) of sub-item (2)— |
| (a) | the basic wage of a relief employee is deemed to not include the premium of 10%; |
| (b) | the basic wage of a part-time employee is calculated in accordance with the formula in clause 61(6) of the Agreement and as reflected in the wage column of the online monthly return. |
[Schedule 4(2)(3)(b) substituted by Notice No. 426, GG 42312, dated 15 March 2019]
| 3. | Exemption from provisions of this clause |
| (1) | Any employer who has implemented or intends implementing a scheme or programme which provides the following benefits, or substantially similar benefits, may apply in terms of clause 74 of the Agreement to be exempted from some or all the provisions of this clause— |
| (a) | HIV education and behavioural change interventions; |
| (b) | confidential voluntary counselling and testing; |
| (c) | treatment and support; |
| (d) | basic medical insurance. |
| (2) | An employer who is granted an exemption may not deduct more than the percentage specified in item 2(1) of this Schedule from the wage of any employee for the purpose of operating a scheme or programme. |
| (1) | The management and administration of the Fund is vested in a Wellness Committee appointed by Council in terms of clause 17 of Council's Constitution. The committee must consist of at least ten representatives, of whom five must be employer representatives and five must be employee representatives. For each representative, an alternate must be appointed by the Council from amongst its members. |
| (2) | Representatives and alternates will hold office for a period of twelve months and will be eligible for re-appointment |
| (3) | In performing its function and duties and exercising its powers, the Committee may contract with service providers for the provision of services, facilities, publications, support, training, counselling, presentations and any other service necessary for the implementation and continuance of the plan, including but not limited to, a self-insured contingency policy with any institution registered with the Registrar of Short-term Insurance. |
| (4) | The Committee must, subject to the approval of the Council, direct the policy of the Fund and administer the general business and activities of the Fund in accordance with the Rules. |
| (5) | If a dispute arises at any time as to the administration of the Fund and the members of the Committee are equally divided, the matter must be referred to the Council for a decision. |
| (6) | If the Committee is unable to perform its duties for any reason, the Council must perform the duties and exercise the powers of the committee. |
| 5. | Financial control of the Wellness Fund |
| (1) | The Executive Committee of the Council must collect all revenue of the Fund and deposit all money so received in a banking account opened in the name of the Fund. |
| (2) | Withdrawals from the Fund must be by cheque and the Executive Committee must designate people as authorised signatories for this purpose. |
| (3) | The Council must appoint a registered auditor annually and must determine the fees of that auditor. |
| (4) | The appointed auditor must— |
| (a) | audit the accounts of the Fund at least once a year; and |
| (b) | prepare a statement showing all money received and expenditure incurred under all headings during the 12 months ended 28/29 February of the preceding year, together with a balance sheet showing the assets and liabilities of the fund as at that date. |
| (5) | The audited statement and balance sheet of the Fund, countersigned by the Chairperson of the Council, together with any reports made thereon by the auditor— |
| (a) | must lie for inspection at the offices of the Council; and |
| (b) | a certified copy thereof must be transmitted to the Registrar of Labour Relations within three months of the close of the period covered thereby. |
| (6) | Any money not required to meet current payments and expenses of the Fund must be invested in— |
| (a) | savings accounts, permanent shares or fixed deposits in any registered bank or financial institution; |
| (b) | internal registered stock as contemplated in section 21 of the Exchequer Act, 1975 (Act No. 66 of 1975); |
| (c) | a registered unit trust; or |
| (d) | any other manner approved by the Registrar of Labour Relations. |
| (7) | Income earned on invested money accrues to the Council in reimbursement of expenses incurred by the Council on behalf of the Fund. |
| 6. | Rules of the Wellness Fund |
The Executive Committee has the power, subject to the approval of the Council, to make, amend and withdraw rules governing the administration of the Fund, provided that such rules and any amendment thereof must be consistent with the provisions of this Agreement and with the provisions of any law. A copy of the rules must be forwarded to the Director-General of Labour.
| 7. | Access to establishments |
| (1) | Upon request by the Council or by a trade union party that represents the majority of employees in a workplace, the employer must permit duly authorized representatives, agents, officers, trainers or presenters of service providers, access to the premises for the purposes of conducting awareness and education programmes. |
| (2) | An employer may make any access subject to any conditions as to time and place that are reasonable and necessary to safeguard life or property or prevent undue disruption of work. |
| 8. | Extension of the Wellness Fund |
| (1) | The wellness fund is hereby extended to include a basic medical insurance for a period of 2 years at no extra cost to employers and employees. |
| (2) | The existing wellness contributions and benefits were effective from 1 March 2017, to current SU categories up to B3, including employees in grades B4 to Cl earning a basic wage of less than R10 000.00 per month, provided that it is optional to aforementioned employees for whom an existing medical/sick benefit is not already a condition of employment. |
[Schedule 4(8)(2) substituted by Notice No. 426, GG 42312, dated 15 March 2019]
