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

Notices

Bargaining Council for the Metal and Engineering Industries

Extension of the Consolidated Main Collective Agreement to Non-parties (for the period 1 July 2021 to 30 June 2024)

Part I

17. Allowances

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(1)        Traveling and subsistence allowance:

(a)This clause makes provision for traveling and subsistence provisions and allowances in respect of the following categories or classes of employees:

(i)        Group A

Employees who are occasionally required to work away from their usual place of work.

(ii)        Group B

Site work employee: A site work employee is an employee who by reason of his employment is normally required to live away from his usual place of residence.  For purposes of this clause the place where the employee first presents himself for employment shall be regarded as his usual place of residence.

(iii)        Group C

The provisions of clause 17(A) shall not apply in respect of the following categories of employees:

(aa)Employees who are recruited, or who present themselves at a site for employment, at that specific site.
(ab)Employees who by reason of their employment are normally required to work in various sites but are not required to live away from their usual place of residence.

(b)        Group A

This clause applies to employees who are occasionally required to work away from their usual place of work.

(i)Where an employee is required to work away from his usual working place, the employee shall be provided with transport conforming to applicable local road ordinance requirements, at the employer’s expense, or be reimbursed by the employer for traveling expenses as mutually agreed between the employer and employee if the employer does not provide transport.
(ii)The employee shall be paid at his normal hourly rate for traveling during ordinary hours of work and at half his normal hourly rate outside the ordinary hours of work.
(iii)Where the employee is required to work or travel in excess of three hours of the commencement or of the completion of such employee’s normal working hours the employer shall reimburse the employee for substantiated meal expenses incurred during this period of traveling.
(iv)Where overnight stay is required, the employer shall provide and pay for all accommodation and meals, but where accommodation only is provided the employer shall pay the subsistence allowance as set out in Part II clause 2(a), for each night of overnight stay.

(c)        Group B

This clause applies to site work employees, i.e. employees who by reason of their employment are normally required to live away from their usual place of residence.

(i)The employer shall provide the employee with transport conforming to applicable road ordinance requirements, at the employer’s expense, or if the employer does not provide transport to reimburse the employee for traveling expenses as mutually agreed between the employer and employee under the following circumstances:
(aa)On transfer to site: From the place where the employee first presents himself for employment to the site.
(ab)On termination of employment: From the site to the railway station nearest the employee’s usual place of residence.  This shall not apply where the termination occurs within the first month of employment, provided such termination is not as a result of  the completion of the work for which the employee was employed.
(ac)On annual leave: From the site to the railway station nearest to the employee’s usual place of residence on proceeding on annual leave and return to the site following completion of the annual leave.
(ad)On transfer to a new site: From that site to a new site where the employee accepts employment at the new site.
(ii)The employer shall pay for meals whilst traveling in terms of (i) above.  Bedding shall also be provided if overnight rail travel is necessary.
(iii)The employer shall provide accommodation and meals on site.  Where accommodation is provided but no meals are supplied then the employee shall be entitled to the subsistence allowance set out in Part II clause 2(a).
(iv)Where employees engaged to work at one place are required to work at another place and to report at an assembly point to be transported to such other place before the normal starting time, such employees shall be paid “traveling rates” at half rates for all time spent in being transported to and from the job outside of normal working hours and/or be paid at ordinary rates for any time during which they are being transported during ordinary hours of work.

 

(2)Abnormally dirty work allowance (for ‘abnormally dirty work’ as defined):
(a)Where an employee (other than an employee expressly engaged as a cleaner) is required to work on abnormally dirty work, he shall be paid an allowance, in addition to any other remuneration to which he is entitled under this Agreement, of 60c per shift or part thereof.
(b)Where an employee has completed the hours of an ordinary shift on abnormally dirty work, he shall when he works overtime on abnormally dirty work for not less than four hours, be paid a further 60c.

 

(3)Height allowance: Whenever an employee who does not customarily work aloft is required to work on ships and/or floating vessels, whether afloat or dry, at a height of over 6 m above top deck level in circumstances necessitating the use of a safety belt, he shall, in addition to any other remuneration to which he is entitled under this Agreement and for the period for which he is so occupied or for one hour, whichever is the greater, be paid an allowance of 8 per cent of his hourly rate.

 

(4)Acting allowance: Where a lower-rated employee is requested to act in the capacity of a higher-rated employee for more than 4 hours, the employee must receive an acting allowance, from the first hour of acting, calculated as his/her actual rate plus 20% of the higher scheduled rate, on the proviso that the employee cannot earn above the minimum rate for the higher rated job.