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

Notices

Bargaining Council for the Building Industry, Cape of Good Hope

Extension to Non-parties of the Main Consolidated Collective Agreement

Chapter Six: Employee Benefit Schemes

32. Sick Pay Fund
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(1)The Sick Pay Fund for the Building Industry (''the Fund") is hereby continued and shall continue to be administered by the Council for the purposes of recompensing employees during periods of absence from work due to incapacity and paying gratuities to employees in the event of permanent disability, in accordance with the rules of the Fund.

 

(2)The fund shall be administered by the Council in accordance with the rules which it may make from time to time for this purpose ("the Rules"), and all moneys of the Fund shall be administered, invested, and paid out in accordance with the Rules. Copies of the Rules shall be available for inspection at the offices of the Council.

 

(3)Every employer shall contribute to the Fund in respect of each normal working day that an eligible employee works, an amount which shall be calculated as follows, from the date of coming into operation of this Agreement to 31 October 2023:

 

Category of Employee

Contribution per day

Labourer

R3.55

General Worker

R4.62

Tradesman Class 4

R4.91

Tradesman Class 3

R5.42

Tradesman Class 2

R7.39

Drivers / Plant operators Code C1

R6.46

Drivers code A, A1 or B

R4.88

Artisan

R13.85

Security Guard

R5.20

Apprenticeship Year 1

R3.47

Apprenticeship Year 2

R4.71

Apprenticeship Year 3

R7.42

 

(4)For the period 01 November 2023 to 31 October 2024 the contributions applicable from 01 November 2023 shall be increased by the CPI percentage + 1% (as at the 1st of July 2023 as published by the Statistics South Africa) provided that the minimum increase shall be 5% and the maximum increase be no higher than 7%.

 

(5) For the period 01 November 2024 to 31 October 2025 the contributions applicable from 01 November 2024 shall be increased by the CPI percentage + 1% (as at the 1st of July 2024 as published by the Statistics South Africa) provided that the minimum increase shall be 5% and the maximum increase be no higher than 7%.

 

(6)An employee shall receive payment in the amount set out in the table below in respect of each working day, including public holidays, that he is absent owing to illness or injury in a cycle of 365 calendar days:

 

Normal working days absent

Percentage of minimum wage prescribed in Clause 18

1st to 10th day

80%

11th to 20th day

33%

 

(7)An employee with more than 10 years employment in the industry receives 15 (fifteen) days sick leave at 80% and 5 (five) days at 33%.

 

(8)Subject to the Rules of the Fund, an employee shall not be entitled to sick pay—
(a)until 90 (ninety) consecutive days' contributions have been made to the Fund in respect of such employee: Provided that contributions interrupted by a period of unemployment, or a change of employer shall be deemed to be consecutive;
(b)for more than 130 days in any 365-day cycle, calculated from the first day in respect of which the employee is entitled to sick pay;
(c) if he is absent from work owing to an accident compensable under the Compensation for Occupational Injuries and Diseases Act, 1993;
(d)if his absence from work is related to the use of alcohol or illegal drugs, or he is incapacitated through sickness owing to his own negligence or misconduct;
(e)if he fails to observe the instructions of a medical practitioner, or has in the opinion of that practitioner aggravated his condition or retarded his recovery through his own actions;
(f) if he suffers from an injury for which a third party is liable to pay or does pay compensation to him;
(g)while he undergoes treatment prescribed by any person other than a registered medical practitioner;
(h)if he fails to provide the Council with any relevant information which it may require;
(i) if he is found by the Council to be fit to resume his employment or to be permanently disabled, in which event he shall cease to be entitled to sick pay from a date fixed by the Fund for this purpose; and
(j) at any time when the amount to the credit of the Fund drops below R100 000,00 and until such time as the amount to the credit of the Fund exceeds R500 000,00.

 

(9)The Fund shall be entitled to recover any amount paid to an employee—
(a)in consequence of false information furnished to the Fund or on behalf of such employee; and
(b)if the employee fails to notify the Fund timeously of any change in his circumstances which could lead to the amount of the benefits being reviewed or withdrawn, in which event the Fund may claim from the employee any money overpaid to him.

 

(10)In the case of any employee taking maternity leave, the Fund shall pay that employee 33% of her current wages for a maximum period of 120 days.

 

(11)The Fund shall continue to pay employer contributions to the Holiday and Bonus Fund and the Building Industry Medical Aid Fund on behalf of an employee during a period of one or more consecutive days in any pay week that the emp1oyee receives sick pay in terms of this clause.

 

(12)In the event of the expiration of this Agreement, the dissolution or winding up of the Council or a cessation of its operations, the provisions of clause 30(7), (8) and (9) relating to the Holiday and Bonus Fund shall apply equally to this Fund.