Labour Relations Act, 1995 (Act No. 66 of 1995)

Notices

Motor Industry Bargaining Council  (MIBCO)

Extension to Non-Parties of the Main Collective Agreement

Division B

Clause 1 : Scope of Application
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(1)Subject to the provisions of sub-clause (2) below, the provisions of this Division shall be binding on all establishments registered in terms of this Agreement, and on all employees for whom wages are prescribed in Clause 3 of this Division.

 

(2)

(a)Notwithstanding the provisions of sub-clause (1) the provisions of the Agreement as set out in the Schedule to this sub-clause shall apply only to office, stores, sales and clerical employees for as long as their weekly or monthly remuneration, excluding commission on sales, exceeds the rate of:

 

All Areas

For the period from the date of implementation as determined by the Minister of Employment and Labour to 31 August 2022; R205 433.30 per annum or as amended in the Basic Conditions of Employment Act, provided that the threshold shall not increase by more than 6% in year one, 5,5% in year 2 and 5,5% in year 3 and shall not exceed the published value to the threshold contained in the aforesaid Act.

 

SCHEDULE

ADMINISTRATIVE AGREEMENT

Clause 7

-

Deductions from Earnings

Clause 15

-

Employees' Representatives on the Council

Clause 16

-

Prohibition of Cession of Benefits

 

MAIN AGREEMENT - DIVISION A

Clause 2

-

Definitions

Clause 3.8

-

Payment of Earnings

Clause 3.9

-

Deductions from Earnings

Clause 3.12

-

Commission Work

Clause 3.14

-

Travelling Allowances

Clause 5

-

Leave

Clause 5.2

-

Sick Leave

Clause 5.3

-

Maternity Leave

Clause 5.4

-

Other Parental Leave

Clause 7.1

-

Terminations of Servie

Clause 7.3

-

Retrenchment Pay

Clause 7.4

-

Desertion

Clause 7.5

-

Certificate of Servie

Clause 9.1

-

Outwork

Clause 9.3

-

Damage and/or Loss of Property or Assets

Clause 9.6

-

Public Holiday

 

MAIN AGREEMENT - DIVISION B

Clause 1

-

Scope of Application

Clause 2(1)

-

Wages

 

(b)Notwithstanding the provisions of sub-clause (2)(a) of this clause or any other provisions to the contrary, employees earning in excess of:

 

All Areas

For the period from the date of implementation as determined by the Minister of Employment and Labour to 31 August 2022; R205 433.30 per annum or as amended in the Basic Conditions of Employment Act, provided that the threshold shall not increase by more than 6% in year one, 5,5% in year 2 and 5,5% in year 3 and shall not exceed the published value to the threshold contained in the aforesaid Act.

 

Excluding commission on sales, shall not be required to work overtime other than on a voluntary basis, free from any form of coercion, intimidation or victimisation.

 

(3)Notwithstanding the provisions of sub-clause (2) of this Clause, the provisions of clause 13 of the Administrative Agreement shall apply to employees who are members of the MISA or the National Union of Metalworkers of South Africa, regardless of their earnings.

 

(4)        

(a)Notwithstanding the provisions of sub-clause (1) of this clause, the provisions of Division A on hours of work shall apply to all motor vehicle salespersons or supply salespersons, and the provisions of Division A on overtime and Sunday work shall not apply to any motor vehicle salesperson or supply salesperson, regardless of earnings.

 

(b)The provisions of clause 6.1 of Division A shall be applicable to all employees excluding commission on sales receiving up to—

 

All Areas

For the period from the date of implementation as determined by the Minister of Employment and Labour to 31 August 2022

R 17 119.44 per month {R 3,950.64 per week), provided that the threshold shall not increase by more than 6% in year one, 5,5% in year 2 and 5,5% in year 3 and shall never exceed the published value to the threshold contained in the aforesaid Act.

 

 

(5)If any provision in Division A is in conflict with any provision of this Division, the provision in the latter Division shall prevail.

 

NOTE: Division B employees employed at Chapter Ill establishments who earn less than the annual earnings threshold as set out in the schedule, per period, below will be eligible for annual increases on actual earnings as stipulated hereunder:

 

All Areas:

For the period from the date of implementation as determined by the Minister of Employment and Labour to 31 August 2022 R17 119.44 per month (R3,950.64 per week) provided that the threshold shall not increase by more than 6% in year one, 5,5% in year 2 and 5,5% in year 3 and shall not exceed the published value to the threshold contained in the aforesaid Act.