Labour Relations Act, 1995 (Act No. 66 of 1995) Notices National Bargaining Council for the Hairdressing, Cosmetology, Beauty and Skincare Industry Extension to Non-parties of the Consolidated Main Collective Agreement Terms and Conditions that will apply nationally 4. Definitions

 

 

means the Labour Relations Act, No. 66 of 1995 as amended;

 

means an Employee engaged in, but not limited to the following:

 

means a barber who has never performed barber services and is in training in an Establishment for a period not exceeding 6 (six) months;

 

means a barber who has been engaged in rendering barbering services as a barber for a period of more than 6 (six) months and less than 1 (one) year;

 

means a barber who has rendered barbering services as a barber for a period exceeding 1 (one) year;

 

means the Basic Conditions of Employment Act, No. 75 of 1997 as amended;

 

means any payment in money, made or owing to any person in return for that person's working for any other person, as agreed and prescribed in this Agreement, as amended from time to time, as the minimum payable to an Employee in a specific job category;

 

means an Employee that holds a B.Tech degree and is engaged in, but not limited to the following:

 

means an Employee that completed a 1 (one) year qualification to execute basic skincare, hand and foot treatments, hair removal, make up application, back and neck massages including a back treatment and body treatments including massage;

 

means an Employee who has completed a 2 (two) year formal qualification in respect of comprehensive skincare and body treatments, including but not limited to:—

 

means the Commission for Conciliation, Mediation and Arbitration, established in terms of the Labour Relations Act, 1995;

 

means an Employee who is employed for less than 24 (twenty-four) hours per month and whose wages is calculated on the hourly or daily rate for his/her particular job category or an Employee that has been appointed in the temporary absence of a female Employee due to maternity leave, which appointment shall be limited to 122 (hundred and twenty-two) days in the latter instance;

 

means the Chief Executive Officer of the Council;

 

means City and Guilds International as operating in the Republic of South Africa;

 

means an Employee, employed by an Employer in an Establishment who is engaged in any 1 (one) or more of the following activities:

but excludes any Employee that touches the head of any client.

 

means an Employee who is employed in an Establishment and who performs 1 (one) or more of the following activities:

 

means a written agreement concerning terms and conditions of employment or any other matter of mutual interest concluded by one or more registered trade unions on the one hand, and on the other hand that binds the terms of section 31 and 32 of the Act:

 

means the amount of money payable by an Employer to an Employee by virtue of a commission agreement concluded between an Employer and Employee, or which may be prescriptive by virtue of this Agreement, which may consists of:

 

means any person appointed by the governing body of the CCMA in terms of section 117 of the Labour Relations Act, 1995

 

means the Central Organisation for Trade Testing;

 

means the National Bargaining Council for the Hairdressing, Cosmetology, Beauty and Skincare Industry registered in terms of section 29 of the Labour Relations Act, 1995;

 

means a person nominated by any party to represent such party to the Council;

 

means any person appointed by the Minister in terms of section 33 of the Labour Relations Act, 1995;

 

means authorized leave granted by an Employer to an Employee to be absent from an Establishment during any day upon which the Employer conducts business;

 

means an Establishment at which only Dry Bar Services are rendered;

 

means only 1 (one) or more or all of the following services being:— a wash, blow dry, clip-on extensions, bang, up styling, tonging, setting, plaiting, crimping and straightening with a flat iron all of which will be rendered without applying any chemicals of whatsoever nature and explicitly excluding any cutting of hair;

 

means a person employed at a Dry Bar who only renders dry bar services;

 

means any person who is employed by or working for any Employer and who is receiving or is entitled to receive remuneration, and any other person who in any manner assists in the carrying on or conducting of the business of any Employer, and "employ" and "employment" have corresponding meanings;

 

means any person 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 assist him carrying on or conducting his business and "employ" and "employment" have corresponding meanings;

 

means an Employee whose hours of work are more than 24 (twenty-four) hours per month and not more than 45 (forty-five) hours per week in an Establishment;

 

means an Employee, appointed as an operator, that has been rendering Cosmetology Services for a period less than 1 (one) year whilst employed by one or more Employees;

 

means an authorized leave of absence for the balance of the working day after having executed 4 (four) continuous hours of work on that particular day and being fully remunerated for such entire day;

 

means an Employee, Working Employer or Legal owner (only where such Legal Owner is a natural person) in return for payment, in money or in kind, performs any 1 (one) or more or all of the Cosmetology Services usually performed by a Hairdresser/Hairstylist;

 

means a Hairdresser/Hairstylist that is not qualified as a Hairdresser/Hairstylist;

 

means an Employee who:

 

means the Hairdressing, Beauty and Skincare Industry Pension Fund;

 

means Employee's spouse, life partner, parent, adoptive parent, grandparent, child, adopted child, grandchild, brother or sister;

 

means any Employee who is in training under a written learner-ship contract registered with the SSETA, or who is in the process of applying for a Iearnership contract in terms of the Skills Development Act, No. 97 of 1998, and includes a minor;

 

 

means an Employee engaged in the following treatment, but not limited to:

 

means an Employee who is employed to manage and oversee the day-to-day functions of an Establishment, including—

 

means a person executing, performing or applying massage therapy;

 

means the manual manipulation of soft body tissue including but not limited to muscle, connective tissue, tendon and ligaments by way of rubbing, stroking, kneading or various other methods, to enhance health, well-being and relaxation;

 

means an Employee who is 16 (sixteen) years or older, but who has not yet attained the age of majority, by virtue of turning 18 (eighteen) years old or otherwise;

 

means an operator that also performs some of the duties of a Hairdresser/Hairstylists;

 

means 1 (one) of any of the 3 (three) job categories being either:—

 

means any Employer, Employee or Legal Owner who is not a member of a registered Employers' Organisation or Trade Union, which is a party to the Council.

 

means an Employee who is employed in an Establishment and who performs 1 (one) or more of the following activities:

 

means an Employee who is employed for not less than 1 (one) day per week or not more than 3 (three) days per week;

 

means any registered Employers' Organisation or Trade Union which is a Party to the Council and may refer to an Employer, Employee or Legal Owner, who is a member in good standing of any such Party;

 

means the payment of consideration, whatsoever the nature, in return for the training of any person in hairdressing;

 

means a Public Holiday as referred to in the Public Holidays Act, Act 36 of 1994, as amended;

 

means any payment in money or in kind, or both in money and in kind, made or owing to any person in return for that person working for the other;

 

means an Employee, employed by an Employer in an Establishment who is engaged in 1 (one) or more of the following activities:—

 

means to work closely with the Manager/ess and is mainly responsible for providing administrative support in performing daily activities with a spa. The Spa Assistant Manager will act as Spa Manager in the absence of the Unit Manager and actively support in the co-ordination and managing of all spa employees. This position includes the marketing of the spa and nurturing of guest relations.

 

means to maintain and administer the hygiene and safety procedures in the Spa working environment as per the standards set by the Employer. The attendants are to ensure that all front and back of house area is consistently monitored by following the cleaning guidelines and supervision of the manager. The Spa Attendant may from time to time need to assist the Spa Manager in serving guests food and beverages during groups and functions.

 

means an Employee who is employed to manage and oversee the management direction and development of a Spa. This includes, but is not limited to peaking retail sales, providing and training superior Spa services and effectively manage all Spa staff. To develop, monitor, and review all staffing needs and challenges, maximising scheduling opportunities, facility operations are in excellent working order, supply updated staff information and revenues for payroll, revenue management for target achievement, adhere and administer safety training, enforce standard operating procedures, create guest/client relations service satisfactory.

 

means an individual in charge of welcoming guests into the Spa, responding to all enquiries while observing set standards. A Spa Receptionist should have knowledge of the services and treatments offered at the Establishment including any offers and promotions that may be on at a particular time. Spa Receptionist duties also include prioritizing workloads, ensuring all operational procedures are met and ensuring that standards or appearance codes of conduct are adhered to and implemented to the latter.

 

means the Skills Development Act, No. 97 of 1998 as amended;

 

means the implementation of reduced working time i.e. fewer number of hours per day and/or fewer number of days per week, due to a shortage of work and/or any other justifiable contingencies beyond the control of the Employer, as contemplated in clause 20;

 

means an Employee who has completed a 3 (three) year formal qualification focusing on the scientific study of the human body in respect of which a diploma has been bestowed on him or her to enable him or her to treat and prevent a variety of skin and body conditions with a holistic and/or health related approach as well as improving the general wellness and aesthetic appearances through information and the practice of healthy lifestyle habits products and clinic treatments.

 

means a person who does not hold any qualification in hairdressing, and who, wholly or mainly, performs 1 (one) or most of the following tasks:

 

means the Services Sector Education and Training Authority in terms of SDA;

 

means an Employee who may be a minor, employed in an Establishment who has entered into a Student Contract with the Employer and has submitted the student contract to the Council, it order to become qualified to render Cosmetology Services;

 

means an institution accredited by SSETA, QCTO or registered by City and Guilds or approved by the Council to provide training;

 

means an Employee employed by an Employer in terms of which it is agreed that:—

 

means authorized leave of absence on full pay for any reason whatsoever, usually in relation to time off in lieu of time worked in, but does not include any form of leave;

 

means an Employer or owner who performs work similar to that carried out by an Employee;

 

means, where it appears from a prefix to any job category stated in this Agreement or annexure thereto, an Employee executing one, or more or all of the duties of that particular category, but does not have a qualification or certification issued by a Training Provider.