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

Notices

Bargaining Council for the Hairdressing and Cosmetology Services (Semi-National)

Main Collective Agreement

9. Security of Employment
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9.1 No employer may employ any employee to perform any hairdressing and/or cosmetology services other than as prescribed by this Collective Agreement.

 

9.2An employer may not employ any person under the age of 15 years. A person over the age of 15, but under the age of 18 years may only be employed under the following circumstances :
9.2.1in terms of the probation period as contained in his/her contract of employment;
9.2.2 in terms of a learnership or learnership contract registered with the SSETA;
9.2.3 as a qualified hairdresser with a certificate to practise hairdressing endorsed by "COTT";
9.2.4as a general assistant;
9.2.5as an operator;
9.2.6 as a receptionist/telephonist.

 

9.3 Casual employees may only be employed to replace employees or working employers who are temporarily absent on any leave.

 

9.4 An employer who employs a casual employee shall—
9.4.1notify the council in writing, of the employment of a casual employee, within 14 days of employing such a person; and
9.4.2notify the council in writing within 7 days of the termination of the services of the casual employee.

 

9.5 Until such time as an employer has notified the council of the engagement of a casual employee, that employee shall, for the purposes of all of the Collective Agreements operated by the council, be regarded as being in full time employment and shall be entitled to all the rights and subject to all the liabilities of a permanent employee.

 

9.6 No employer may employ any person as a hairdresser and/or cosmetologist unless that person is the holder of a valid and recognised qualification in hairdressing and/or cosmetology.

 

9.7 An employer shall be obliged every month to submit to the council on the form prescribed in Annexure A ("the return form") the full names of all persons employed in the establishment, including learners.

 

9.8 Every employer shall notify the council in writing within fourteen (14) days that an employee has left the employ of the employer. Until an employer has done so, that employer shall remain liable for the financial consequences of the employment of that employee, including those specified in clause 24 of this Agreement.

 

9.9An employer shall—
9.9.1provide each employee with a letter of appointment detailing:
9.9.1.1the employee"s full names;
9.9.1.2 date of commencement of service;
9.9.1.3the employee"s job title;
9.9.1.4the remuneration or basic salary and/or personal services commission or wages for that job; and
9.9.1.5the normal hours of work;
9.9.2provide each employee with a copy of the employee"s letter of appointment, signed by the employee and the employer, with witnesses thereto;
9.9.3retain in a safe place a copy of each such letter, signed by the employee and the employer, with witnesses thereto;
9.9.4 make available copies of each letter for inspection by the designated agents of the council at all reasonable times.