No persons under the age of 15 years shall be employed in the Industry.
| (2) | Trial period of employees |
| (a) | The employees for whom wages are specified in clause 10(1)(a) up to and including (d) of this Agreement, shall upon employment in the Industry with any employer engaged in the Industry, be subject to a trail period of 42 working hours, not necessarily consecutive. |
| (b) | Notwithstanding anything to the contrary contained in this Agreement, the employee concerned shall, during the trial period referred to in subclause (2)(a) hereof, be entitled only to the wage prescribed in clause 10(1) of this Agreement in respect of all hours worked, without any employer contributions to the Holiday Fund or any other benefit fund of the Council. |
| (c) | During the trial period referred to in subclause (2)(a) hereof, the employee's employer shall not be compelled to issue the benefit stamp of the Council to the employee concerned. |
| (d) | AH categories of employees, except those employees referred to in clause (2)(a), are subject to a probation period of 10 working days, before confirmation of appointment. |
If any employee does not comply with these requirements, the employer shall deal with the case as prescribed in schedule 8(8) of the Labour Relations Act, No, 66 of 1995.
| (3) | Prohibited employment |
| (a) | No employer shall require or permit any person other than a registered artisan, probationary learner building worker, learner building worker, budding worker, an apprentice registered with the Building Industry Training Board or a foreman, to perform skilled work in the Industry. |
| (b) | No employer, foreman, artisan, or any other employee employed in a supervisory capacity by an employer shall instruct, require or permit any employee, other than those referred to in subclause (3)(a) hereof, to perform skilled work. |
| (c) | No employee, other than those referred to in subclause (3)(a) hereof, shall perform skilled work in the Industry. |
| (d) | Notwithstanding anything to the contrary in this Agreement, no provision which prohibits the engagement or employment of an employee in any category of work or on any conditions shall be deemed to relieve the employer from paying the remuneration and observing the conditions which he would have had to pay or observe, had such engagement or employment not been prohibited, and the employer shall continue to pay such remuneration and observe such conditions as if such engagement had not been prohibited. |
| (4) | Prohibition of piece-work and task work |
| (a) | The giving out by an employer or the performance by an employee or any group of persons of work on a piece-work and/or task-work basis is prohibited. |
| (b) | Notwithstanding the provisions of subclause (4)(a), it shall be permissible, by mutual agreement between any individual employer and his employees, or any group of persons other than apprentices, to introduce and to operate a system of incentive payments: Provided that as a result of the introduction and operation of such system the remuneration and other monetary benefits accruing to the employees shall not be less than those specified in this Agreement: Provided further that the other provisions of this Agreement are adhered to in every respect. |
| (5) | Labour-only contractors |
| (a) | No labour-only contractor shall undertake work in the Building Industry in terms of a labour-only contract unless he is registered with the Council as an employer, or if he is not an employer and if he were an employer. |
| (b) | Compliance by employers, subcontracting and use of temporary employment services: |
| (1) | The Council shall keep a register of employers in good standing with the Council which shall be generally made known and be available to any person on request. |
| (2) | An employer shall be in good standing with the Council for purposes of subclause (1) if the employer is registered with the Council in accordance with clause 6 and unless the employer has failed to comply with a compliance order and/or pay a penalty imposed in terms of clause 25 and clause 26 of this Agreement. |
| (3) | No person shall enter into an agreement to subcontract Building Industry work to another person unless, at the time of entering into the agreement, both persons are employers in good standing with the Council: Provided that, where persons conclude an agreement to subcontract such work on an indefinite basis or for longer than 12 months, the parties to such agreement shall be in good standing with the Council and shall be held jointly and severally liable if the subcontractor, in respect of any of its employees, fails to meet any obligations that is has under this Agreement. |
| (4) | No person shall enter into an agreement to utilize a temporary employment service for work in connection with the Building Industry unless, at the time of entering into the agreement, both the person and the temporary employment service are employers in good standing with the Council: Provided that, where persons conclude such an agreement on an indefinite basis or for longer than 12 months, the parties to such agreement shall be in good standing with the Council each time that the services of the temporary employment service are utilized under the agreement. The provisions of section 198 of the Act, shall apply to any person who enters an agreement to utilize a temporary employment service for work in connection with the Building Industry. |
| (c) | Contractors must provide the necessary information of his/hers subcontractor's on a prescribed form, that is available at the Council's offices. |
| (6) | Individuals or Organisations |
No individual or organization may enter an agreement aimed at contracting of Building Industry work with a main contractor, developer, contractor labour, labour broker, project manager or specialist contractor, if such a person is not in good standing with the Council.
Each contractor or employer must have a compliance- and registration certificate from the Building Bargaining Council North and West Boland. An individual or organization that enters into a Building Industry contract with a main contractor, developer, labour contractor, labour broker, project manager or specialist contractor, which is not in good standing with the Council, shall be held jointly and severally liable for their employees, if they fail to comply with any of the terms and conditions of this Collective Agreement.
