Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Civil Engineering IndustryBCCEI : Renewal of Period of Operation of the Wage and Task Grade Collective AgreementApplication and Interpretation of Agreement3. Definitions and Expressions |
| 3.1 | Any expression used in this agreement which is defined in the Labour Relations Act, 66 of 1995, shall have the same meaning as in that Act, and any reference to an Act shall include any amendment to such Act, and unless the contrary intention appears, words importing the masculine gender shall include females; further, unless inconsistent with the context— |
means the Labour Relations Act, 1995 (Act No. 66 of 1995);
shall mean the bargaining unit comprising those employees engaged in the industry in Task Grades 1 - 9 inclusive;
means the Bargaining Council for the Civil Engineering Industry;
means work performed outside the borders of the Republic of South Africa;
means the average Consumer Price Index as published by STATS SA regarding inflation. For the purposes of this agreement, CPI is calculated by averaging the months of April, May and June of the particular year;
means—
| (i) | Any person, excluding an independent contractor, who works for another person or for the state and who receives, or is entitled to receive, any remuneration; and |
| (ii) | Any other person who in any manner assists in carrying on or conducting the business of an employer. |
means any person whosoever, including a temporary employment service as defined in clause 198(1) of the Act, 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 in the carrying on or conducting of his business;
means an employee whose remuneration is calculated on an hourly basis notwithstanding the frequency of the payment thereof, and who is not a salaried employee;
means all constitutions, statutes, regulations, by-laws, codes, ordinances, or instructions by any Governmental Body, and the common law, and "law" will have a similar meaning;
means an employer may employ an employee for a specified, contract period in terms of an activity or duration.
means the Minister of Employment and Labour;
means payment of remuneration in cash, electronic transfer, by cheque or by other means;
means any employee who is not an employee employed in terms of a limited duration contract;
means any system under which an employee"s remuneration is based on the quantity of work done;
means the date of official implementation of an aforesaid agreement/legislation
means an employee whose remuneration is calculated on a monthly basis notwithstanding the number of hours or days actually worked, who performs work generally understood to be that of a salaried employee, and who is not a "hourly-rated employee";
means the amount of money payable to an employee in terms of Clause (6.1) in Chapter 6 of the Conditions of Employment Collective Agreement in respect of the ordinary hours of work as prescribed in Clauses 2.1 - 2.2 in Chapter 2 of the Conditions of Employment Collective Agreement. Provided that
| (i) | if an employer regularly pays an employee in respect of such ordinary hours of work an amount higher than that prescribed in Clause (6.1) in Chapter 6 of the Conditions of Employment Collective Agreement, it means such higher amount; |
| (ii) | the first proviso shall not be so construed as to refer to or include any remuneration which an employee who is employed on any basis provided for in Clause (6.8) in Chapter 6 of the Conditions of Employment Collective Agreement receives over and above the amount which the employee would have received had he or she not been employed on such a basis |
| 3.2 | The provisions of the Basic Conditions of Employment Act, 1997 shall apply in respect of any employer or employee in the Civil Engineering Industry in so far as a provision thereof provides for any matter that is not regulated by this agreement. |