Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Hairdressing, Cosmetology, Beauty and Skincare Industry (Pretoria)Main Collective Agreement3. Definitions |
Any terms used in this Agreement that are defined in the Act shall have the same meaning as in the Act; any reference to an Act or Ordinance shall include amendment to such Act or Ordinance, and, unless the contrary intention appears, words importing the masculine gender shall include female; further, unless inconsistent with the context—
"Act"
means the Labour Relations Act, 1995 (Act No. 66 of 1995);
"Afro Hairdresser with formal and informal training"
means any employee with a COTT or SSETA Certificate and any employee with a certificate from an informal training sector respectively;
"agreement"
means an agreement published and made binding upon employers and employees in the Hairdressing, Cosmetology, Beauty and Skincare Industry in accordance with the provisions of the Act;
means an employee performing any one or more of the following services: clippers cuts, dry and wet razor shaving of facial hair and head hair including beards and moustages, hot towel treatment, facial massages, wet and dry cutting of the hair, singeing and dry or wet drying of hair. These services must be performed on male clients and must constitute at least 95% of the employee"s working time. Barbering services can only be rendered when a salon provides barbering services to its clients and no commission will be payable to a barber.
"entry level"
means an employee who has never performed the functions of a barber and is in his first month of barbering services;
"trainee barber"
means an employee who has never performed the functions of a barber and is in training in a salon for a period not exceeding six months.
"junior barber"
means an employee who has been in the Industry for a period of more than six months and less than a year in the industry.
"senior barber"
means an employee who has rendered barbering services in the industry for a period of one year and more.
"beauty therapist, health & skincare therapist (NQF 5)"
means an employee engaged in any beauty treatment or beauty therapy including but not limited to the following operations:
| (a) | eyebrow shaping and plucking, including the application of false or artificial eyebrows and eyelashes; |
| (b) | cosmetic (day, evening, fantasy) and camouflage make-up, tattooing and or painting of the face and or full body and its features, whether by permanent, semi-permanent or temporary means; |
| (c) | facial skin care; - knowledge and application of: skin analysis, facial treatment, electrical equipment, machines and the treatment there of |
| (d) | removal of unwanted or superfluous hair from the head, face and or body by whatever means, other than shaving, including waxing, chemical depilatories, electrical or mechanical means; including sugaring and threading; |
| (e) | massage or any other stimulative treatment or exercise of the face, scalp, neck or full body, whether or not any apparatus, appliance, heat, preparation or substance is used in any of these operations; may also include stones, bamboo etc. |
| (f) | Body and slimming treatment: figure/body analysis, electrical equipment and the treatment thereof, basic knowledge of nutrition, manual lymph drainage treatment, body wraps and self tanning applications whether by hand or spray units. |
| (g) | Spa treatment: holistic and or relaxing treatments i.e. Indian head, hand, foot and or full body massages with or without substance such as different oils. Specialised electrical equipment i.e. Ipl/ Laser/Endermology. |
"B. Tech "Somatologist" 4 YRS (NQF 7)"
means an employee engaged in the following but not limited to the following:
| a) | eyebrow shaping and plucking including the application of false or artificial eyebrow and or eyelashes |
| b) | cosmic (day, evening, bridal, fantasy),camouflage make up, tattooing and or painting of face and or full body features, whether by permanent, semi permanent or temporary means. |
| c) | Facial skin care knowledge and application of: skin analysis, facial treatments, electrical equipment, machines and the treatments there of |
| d) | removal of unwanted or superfluous hair from the head, face and or body whether means, shaving, waxing , chemical depilatories, electrical or mechanical means, including "sugaring" and "threading" |
| e) | massage or any other simulative treatment or exercise of the face, scalp, neck or full body, whether or not any apparatus, appliance, heat, preparation or substance is used in any of these operations including "stone", "bamboo" etc; |
| f) | Body and slimming treatments: figure / body analysis, electrical equipment and the treatments thereof, basic knowledge of nutrition, Manual Lymph Drainage treatments, body wraps and self tanning applications whether by hands or spray units; |
| g) | Spa treatment: holistic and relaxing treatments i.e. Indian head, hand, foot and full body massage with or without substance such as difference oil; |
| h) | Specialized electrical equipment i.e. IPL/Laser/ Endermology etc; |
| i) | Communication skills NQF 4; |
"Clerical employee, receptionist and/or telephonist"
means an employee engaged mainly for the purpose of receiving clients or booking appointments by telephone or otherwise, and/or keeping accounts and records, or any other form of clerical work in addition to handling cash and effecting counter sales;
"Cleaner"
means an employee employed in a beauty salon to perform any of the following functions:
Cleaning and sweeping the premises, running errands, washing cups and salon requisites preparing and serving liquid refreshments.
"Council"
means the Bargaining Council for the Hairdressing, Cosmetology, Beauty and Skincare Industry registered in terms of section 29 of the Act;
"employee"
means any person who is employed by or working for any employer and who is receiving or is entitled to receive remuneration, and any other person who in any manner assists in the carrying on or conducting of the business of any employer; and "employ" and "employment" have corresponding meanings;
"employer"
means any person who employs or provides work for any person and remunerates or expressly or tacitly undertakes to remunerate him, or who permits any person whosoever in any manner to assist him carrying on or conducting his business; and "employ" and "employment" have corresponding meanings;
"establishment"
means any business/salon(s) that are located in shopping malls/centre, home salons including "rent a chair" and whether or not governed by a lease agreement within a retail operation.
"full time employee"
means an employee whose hours of work does not exceed 40 hours per week and not less than 26 hours per week in a hairdressing salon and an employee whose hours of work does not exceed 45 hours per week in a beauty salon.
"general assistant"
means an employee who is employed by a hairdressing salon that does not employ less than 5 (five) qualified hairdressers and who is employed to do any of the following:
Cleaning and sweeping premises, running errands, washing cups and salon requisites, preparing and serving liquid refreshments
"Hairdressing, Cosmetology, Beauty and Skincare"
means the Industry in which employers and their employees are associated for the purpose of rendering salon services in any establishment where such services are normally rendered to the members of the public;
"hourly employee"
means an employee employed by an employer in Hairdressing, Cosmetology, Beauty and Skincare Industry in any capacity, excluding that of a learner, for a period not exceeding 24 working hours per month in any one establishment; providing that, the hours of work shall be agreed upon by the employer and employee and shall be remunerated at the prescribed hourly rate: provided further that hourly paid employment shall not be considered as an option during retrenchment negotiations;
"Immediate family"
means employee"s spouse, life partner, parent, adoptive parent, grandparent, child, adopted child, grandchild, brother or sister;
"internal agreement"
means an agreement or settlement reached within the bounds of a workplace at salon level between employer and employee that are ratified and or approved by the exemption board;
"learner"
means an employee serving under written contract of leamership, registered by the SERVICES SETA or its successors in name and title under the Skills Development Act, of 1998, and includes a minor employed on probation in terms of the said Act;
"make-up artist"
means an employee engaged in the following treatment, but not limited to:
| a) | The application of false or artificial eyebrows or eye lashes; |
| b) | Cosmic (day, evening, bridal, fantasy), camouflage, make up, tattooing and or painting of the face and or full body features whether permanent, semi permanent or temporally means; |
| c) | Basic knowledge and application of the removal of unwanted or superfluous hair from the head face and or body and its features, including shaving waxing and chemical depilatories; |
| d) | Piercing i.e. ears, bellies and nose; |
means an employee engaged in the following treatments, but not limited to:
| a) | Manicurist, pedicurist, relaxing hand and foot massages; |
| b) | Basic knowledge and application of the removal of unwanted or superfluous hair from the head, face or body and its features including shaving waxing and chemical depilatories; |
"Nail Technician: (NQF 4)"
means an employee engaged in the following treatments, but not limited to:
| a) | Manicure, pedicure, nail technology, or the application of artificial nails or nail extensions, whether acrylic, fibreglass, gel or any other substance, and whether or not any apparatus, appliance, heat, preparation or substance is used in any of these operations; |
| b) | piercing of ears, belly, nose etc; |
"operator"
means an employee, excluding a learner, general assistant, somatologist, health and skin care therapist or qualified hairdresser, engaged in salon services, including but not limited to the following operations;
| (a) | Any services to the scalp or the hair of the head or the face, including the following: |
| (i) | shampooing, cleansing, conditioning and treating; |
| (ii) | hair colouring, including tinting, and colouring by means of permanent, semi-permanent or temporary means, including the use of colour rinses, shampoos, gels or mousses; and lightening by means of tints, bleaches, highlights or high-lifting tints or toners; |
| (b) | Cleaning and sweeping premises, running errands, washing cups and salon requisites, preparing and serving liquid refreshments, shampooing, preparing clients for highlighting or frosting, applying rinses and colour shampoos, giving scalp and hair treatments, applying perm lotion, neutralising perms, removing veils, pins, rollers, clips and any other setting aids, placing clients under dryers and taking clients out from under dryers and mixing and applying tints; |
"operators performing the functions of stylist"
operators performing the functions of stylists shall be paid commission for these functions executed. The commission so paid will be negotiated at salon level and will be not less than 5%. The employer and operator may, by agreement, increase this commission. Any employer making use of operators to execute the functions of a stylist will apply to the council in writing for consent to enable the operator to execute these additional functions. This application for consent will, amongst others, record the commission payable to the operator.
"optional"
means possible but not compulsory in other words left to personal choice and agreement;
"part-time employee"
means an employee employed for not more than nine ordinary working hours per day but more than 20 hours per month and, not more than 25 ordinary working hours over a period of three days per week;
"Personal Services Commission"
for the purpose of calculating leave pay, notice pay, sick leave and severance pay in terms of S35 of the BCEA it means commission paid on services provided by the individual in person including services provided by other employees other than those paid on a commission bases but exclude retail commission.
"public holiday"
means any reference in any law to public holidays, shall be deemed to be a reference to the public holidays as defined in the Public Holidays" Act, no 36 of 1994 and whenever any public holiday falls on a Sunday, the following Monday shall be a public holiday. The employees right to a public holiday, in terms of the Public Holidays Act no 36 of 1994, is not affected by this agreement.
"qualified hairdresser"
means an employee, other than a learner, who performs any one or more of the operations as defined under "salon services" in this Agreement and who:—
| (a) | has served an apprenticeship in terms of the Manpower Training Act, 1981, or has served learnership in terms of Skills Development Act, of 1998; |
| (b) | has passed a qualifying trade test under or holds a certificate of proficiency issued in terms of the said Act; or |
| (c) | holds a certificate of competency issued by the Bargaining Council for the Hairdressing, Cosmetology, Beauty and Skincare Trade; or |
| (d) | has qualified by effluxion of time prior 1992; |
"Rent a Chair"
is a person who rents a working station in a salon for the purpose of rendering service to his/her clients and who has no other connection to the salon where he/she rents a chair. He/she buys her products and does not use employees of the salon.
"remuneration" means any payment in money or in kind, or both in money and in kind, made or owing to any person in return for that person working for any other person, and "remunerate" has a corresponding meaning;
"salon manager"
means an employee who is engaged in the following, but not limited to:
| a) | manage and oversee the day to day functions of the establishment including to supervise other staff members, opening, closing the salon and cashing up. |
| b) | Quality control, training and development of staff, stock control, time management, marketing and promotions, administration, accounts and orders, grievance and disciplinary procedure; salon maintenance and security, housekeeping and running costs cash control and all other general reception work. |
"Salon services" means any one or more or a combination of the operations generally and usually performed by and known as the profession of nail technicians or beauty culturists or cosmeticians or cosmetologists or skin therapist or somatologist or aesthetician or hairdressers, and includes but is not limited to the following operations:
| (a) | the arranging, dressing, cutting, highlighting, shaving, curling, cleaning, singeing, shampooing, bleaching, colouring, tinting, straightening, styling, waving (permanent, Marcel or water) of hair, or any other treatment of the hair of the head or the face; |
| (b) | Manicure, pedicure, nail technology or the application of artificial nails or nail extensions, whether the substance used is acrylic, fibre glass or gel or any other substance; |
| (c) | eyebrow shaping and plucking, including the application of false or artificial eyebrows and eyelashes; |
| (d) | cosmetic and camouflage make-up of the face and its features, whether by permanent, semipermanent or temporary means. |
| (e) | facial skin care; |
| (f) | removal of unwanted or superfluous hair from the head or face by whatever means, including waxing, using chemical depilatories, electrical or mechanical means, but excluding shaving; |
| (g) | any beauty treatment; |
| (h) | beauty therapy or the massage or stimulative treatment or exercise of the face, scalp or neck, whether or not any apparatus, appliance, heat preparation or substance is used in any of these operations; |
| (i) | the performing of any operation referred to in (a) on any wig or hairpiece to be worn by any person, whether or not any apparatus, appliance, preparation or substance is used in any of these operations; |
means the Services Sector Education and Training Authority;
means Skills Development Act, of 1998;
"Somatologist: 3YRS (NQF 6)"
means an employee engaged in the following but not limited to the following:
| a) | eyebrow shaping and plucking including the application of false or artificial eyebrow and or eyelashes; |
| b) | cosmic (day, evening, bridal, fantasy ) , camouflages make-up, tattooing and or painting the face and or full body feature, whether by permanent, semi permanent or temporary means; |
| c) | Facial skin care knowledge and application of skin analysis, facial treatment, electrical equipment, machines and the treatment there of; |
| d) | Removal of unwanted or superfluous hair from the head, face and or body in whatever means excluding shaving, waxing, chemical depilatories, electrical or mechanical means , including "sugaring" and "threading"; |
| e) | massage or any other simulative treatments or exercise of the face ,scalp, neck or full body, whether or not any apparatus, appliance heat, preparation or substance is used in any of these operations, including "stones", "bamboo" etc; |
| f) | body and slimming treatment: figure/body analysis, electrical equipment and the treatments, thereof , basic knowledge of nutrition, Manual Lymph Drainage treatments, body wrap and self tanning applications whether by hand or spray units; |
| g) | Spa treatment: holistic and or relaxing treatment i.e. Indian head, hand, foot and or full body massage with or without substance such as different oils; |
| h) | Specialized electrical equipment i.e. IPL/Laser/Endermology etc; |
| i) | Communication skill NQF 4; |
"time off"
means an alternative method of remuneration;
is a person who has never been performing the functions of an operator and who is employed for 6 months and is trained for a period of six months. On completion of the initial period of employment of 6 months becomes an operator.
means the amount of money payable to an employee in terms of clause 5 (1) in respect of ordinary hours of work: Provided that if an employer regularly pays an employee in respect of such ordinary hours of work an amount higher than the prescribed in clause 5 (1), it means such higher amount;
"week"
means the period of seven days within which the employee"s working week normally falls;