Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Restaurant, Catering and Allied TradesExtension to Non-parties of the Main Collective Agreement4. Definitions |
Unless the context otherwise indicates, any expression which is used in this agreement and which is defined in the Act shall have the same meaning as in the Act and for the purpose of this Agreement an employee shall be deemed to be In that class in which he is wholly or mainly engaged: furthermore unless inconsistent with the context—
means an adoption order as envisaged in the Children's Act, 2005 (Act No 38 of 2005);
has the meaning assigned to it in section 1of the Children's Act, 2005(Act No 38 of 2005);
means any person employed by the Council and appointed in terms of its Constitution and who collects contributions on behalf of the Council or a third party and who may be delegated to investigate a complaint or carry out any other tasks which may be allocated to such person;
means this Agreement and "Collective Agreement" has a corresponding meaning;
means the Labour Relations Act, 1995 (Act No 66 of 1995);
means the wage rate per hour which an employer actually pays an employee in respect of the ordinary hours of work and "Wage" and "Prescribed Wage" have a corresponding meaning;
means an employee who, under the supervision of a bartender, does the work of a bartender, but who is not responsible for stock in a bar;
means an employee who, under the supervision of a clerk/cashier, does the work of a clerk/cashier, and has less than one year's experience;
means an employee who is specifically charged by his employer to assist the manager in his duties in an establishment and who may act for such manager in the employ of the firm in his absence;
means an employee who prepares makes and bakes wheaten products;
means an employee who is engaged in supplying liquor to customers over a counter and receiving payment therefore, who is responsible for the balancing of the stock and cash receipts;
means the Basic Conditions of Employment Act, 1997 (Act 75 of 1997) as amended;
without limiting the ordinary meaning of the term, includes buns, rolls, fancy bread or any other similar wheaten, rye or maize products;
without limiting the ordinary meaning of the term, means a business licensed or required to be licensed, under item 20 "cafe keeper" of the Transvaal Licence Ordinance, 1974 (Ordinance No 19 of 1974);
see "clerk"
means an employee, other than a special function casual employee, who is employed by the same employer on not more than three days in any week: Provided that such casual employee may be employed on not more than four days in any week in which a paid public holiday falls, and may also be employed during any one or more of the following periods:
| (a) | 6 December to 15 January |
| (b) | Shows and exhibitions |
| (c) | The Easter weekend |
means the provisions of meals and/or refreshments whether alcoholic or not;
means an employee who:—
| (a) | prepares any one or more of the following: Plain or toasted sandwiches, fresh fruit, fruit salads, salads from fresh or prepared vegetables, hamburgers, hot dogs, waffles, pancakes, pizzas, pies, curry and rice, common pan foods, grills, popcorn, fish and chips, vetkoek and grilled chicken, and / or assists with the preparation of the menu of the establishment; |
| (b) | transmits orders and places such items of food mentioned in paragraph (a), and cold prepared foods, prepared salad dressings, stews, boiled meats and/or vegetables, either on plates or in containers ready for conveyance to the customer; |
| (c) | operates an ice-cream dispenser and/or soda fountain and/or semi-automatic machine; |
| (d) | receives verbal or written orders from a waiter/wine steward for the supply/handling over to him of bottles of alcoholic or non-alcoholic drinks; |
means an employee in a managerial position who is in position of a chefs certificate recognised by the Council and is in charge of the preparation of the food in an establishment;
means an employee who under the supervision of a management and or sous chef is responsible to perform the duties of a sous chef allocated to him/her;
means a person who is under 18 years of age;
means an employee engaged in any one or more of the following duties:
| (a) | clerical work, i.e. writing, typing and filing; |
| (b) | operating office equipment; |
| (c) | operating a cash register, and being responsible for balancing receipts and disbursements; |
| (d) | being in charge of stores and responsible for receiving, storing, assembling, packing and/or unpacking goods in a store or warehouse, and for the delivery of such goods; |
| (e) | operating a telephone switchboard, but does not include any other class of employee elsewhere defined in this clause, notwithstanding the fact that clerical work as herein defined may form part of such employee's work; |
has the meaning assigned to it in section 1 of the Children's Act, 2005 (Act No 38 of 2005);
means a person who agrees in writing with the owner/manager of an establishment to perform the duties of a waiter on which commission will be paid at the end of each shift/week/month. Provided that the commission worker shall not work more than 36 (thirty six) hours in any week;
means work where an employer and employee have agreed in writing before the work commences that the employee will on a regular basis perform work on which a commission will be paid;
means an employee who is engaged in preparing, cooking and the presentation of food in an establishment and who may be responsible for kitchen organisation and control of stock, and includes a baker;
means the Bargaining Council for the Restaurant, Catering and Allied Trades, deemed to be registered in terms of the Act;
means an employee who serves customers at a counter and who may receive payment for the goods sold, but excludes a bartender and assistant bartender;
means a period of 24 consecutive hours calculated from the time an employee commences work;
means an employee or worker, who is engaged in collecting or delivering messages, letters, documents, prepared food, frozen food, take aways or goods by means of a two or three wheeled, motorised vehicle with an engine capacity not exceeding 200 cm' and who may collect cash or credit card payments for C.O.D. sales;
means any person appointed by the Minister in terms of Section 33 of the Act:
includes an alleged dispute:
means an employee who is engaged in driving a motor vehicle, and for the purpose of this definition the expression "driving a motor vehicle" includes all periods of driving, any time spent on work connected with the vehicle or the load and all periods during which he is obliged to remain at his post in readiness to drive;
means—
| (a) | any work which, owing to unforeseen circumstances such as fire, storm, accident, epidemic, act of violence, civil unrest, theft or a breakdown of plant, motor vehicles or machinery, must be done without delay; |
| (b) | any work in connection with the loading or unloading of— |
| (i) | trucks or vehicles of the South African Transport/Services; or |
| (ii) | a vehicle used by a cartage contractor in the fulfilment of his contract as such with the South African Transport Services; or |
| (c) | any work in connection with the provisioning of aircraft; |
| (d) | any work in connection with the guarding of premises or property for security reasons during building operations or structural alterations; |
means any person who, excluding an independent contractor or person and contract waiter, works for another person and who receives, or is entitled to receive, any remuneration and any other person who in any matter assists in carrying or conducting the business of an employer; and further includes an employee who is employed by a labour broker or temporary employment service in the Sector, as defined;
means any person whomsoever who employs or provides work for any person or who permits such person whomsoever in any manner to assist him in the carrying on or conducting of a business in the Sector, as defined, and who remunerates or expressly or tacitly undertakes to remunerate such person; and "employ" or "employment" have corresponding meanings.
means any place in or in connection with which one or more persons are employed in the Tearoom, Restaurant and Catering Trade, and includes clubs and/or canteens operated for gain and workplace has a corresponding meaning;
means a committee established to consider applications for exemption from the provisions of this Agreement;
means a motor vehicle, the gross vehicle mass or the gross combination mass of which exceeds 16 000kg;
means a contract in writing which stipulates the period of the employment contract and termination date and does not raise future expectations of continued or further employment;
means an employee who under the direction of the employer, manager or assistant manager supervises the work of the employees preparing food;
means an employee who is personally in charge of and responsible for all the activities at a particular special function;
means an employee engagedin any one or more of the following duties:
| (a) | making porridge and preparing meals for the exclusive consumption of the employees of the establishment; |
| (b) | packing or wrapping edibles for sale or delivery; |
| (c) | assisting with the checking of stores under supervision; |
| (d) | checking crockery, glassware, napery and other pantry requirements and checking dinning equipment; |
| (e) | cleaning premises, the work place or any article; |
| (f) | cleaning, plucking or cutting raw poultry, raw fish or raw meat as part of the cleaning process, cleaning or peeling of fruit and vegetables, cutting of fruit and vegetables other than for salads and cutting bread; |
| (g) | carrying, stacking or moving goods; |
| (h) | making or maintaining a fire and removing ashes and refuse; |
| (i) | vending, collecting and/or delivering orders off the premises and accepting payment therefore; |
| (j) | making tea, coffee, cocoa or similar beverages; |
| (k) | loading and offloading; |
| (I) | repetitive mass-measuring to a set mass-meter; |
| (m) | opening or closing packets, containers or parcels; |
| (n) | heat closing of polythene or similar pre-filled containers; |
| (o) | gardening; |
| (p) | sharpening knives; |
| (q) | decanting into other containers, except for table use; |
| (r) | guarding premises or other movable or immovable property by day, but excluding a watchman; |
see catering assistant;
in relation to a motor vehicle, means the maximum mass of such vehicle and its load as specified by the manufacturer or,in the absence of such specification, as determined by the registering authority;
means an employee who does the work of a cook and is in charge of a kitchen where three or more cooks are employed;
see receptionist;
means a motor vehicle, the gross vehicle mass or gross combination mass of which exceeds 9 000kg but does not exceed 16 000kg;
means a body as referred to in Section 32(3)(e) of the Act;
means an employee who is charged by his employer with the overall supervision over, responsibility for and direction of the activities carried on, in or in connection with the kitchen of an establishment and the employees engaged therein, excluding the head cook and chef, and who may perform the duties of a cook;
includes the common law;
means a motor vehicle, the gross vehicle mass or gross combination mass of which does not exceed 3 500kg;
means an employee who is charged by his employer with the overall supervision over, responsibility for and direction of the activities carried on, in or in connection with that section of the establishment that has been placed under his authority, and who is directly responsible to the employer, and further includes the provision of attendance registers to all employees and the daily completion thereof as well as of the wage register when so instructed by his employer. Provided that where fewer than six employees are employed, this employee shall be deemed to be a supervisor;
means an employee who for a period of 18 months is employed in various departments of an establishment for the purpose of training as a manager;
without limiting the ordinary meaning of the terms includes pies, pastries, pizzas, vetkoek, confectionery, snacks, take away meals or any edibles or drinkables fit for human consumption on the premises or away from the premises;
means a person entitled to practise as a medical practitioner in terms of section 17 of the Medical, Dental and Supplementary Health Service Professions Act, 1974 (Act No. 56 of 1974), as amended, from time to time;
means a motor vehicle, the gross vehicle mass or the gross combination mass of which exceeds 3 500kg but does not exceed 9 000kg;
means a person registered or enrolled to practise as a midwife in terms of section 16 of the Nursing Act ,1978 ( Act No. 50 of 1978), as amended, from time to time;
means the Minister of Employment and Labour;
means any self-propelled vehicle with an engine capacity exceeding 200cm3 used for conveying goods and includes a mechanical horse, a motor cycle or a motor tricycle and a tractor;
means the period extending from a day in any month up to and including the proceeding day corresponding numerically to the first-mentioned day in the following month, e.g.7 April to 6 May;
means the owner of a business newly established in the trade, during the first 12 months of its existence in the trade, who at no time employs more than five employees in the aggregate: Provided that if the existing business undergoes a change of name or ownership (including a change of directors, members or partners) while largely retaining the same employees and/or clients, it shall not be regarded as a new employer;
means work performed after 18:00 and before 06:00 the next day;
means the time that an employee works during a day or a week in excess of ordinary hours of work;
means an employee who is ordinarily engaged in work other than driving a motor vehicle, but who on more than two days in any week is engaged in driving a motor vehicle for not more than three hours in the aggregate on any such day, and for the purpose of this definition the expression "driving a motor vehicle" includes all periods of driving and any time spent while in charge of the vehicle, on work connected with the vehicle or the load;
means an employee (other than a part-time driver or contract worker) employed by the establishment for not more than 24 ordinary hours of work In any week;·
includes any land, structure, vehicle or vessel;
means a paid public holiday as defined in the Public Holidays Act, 1994;
means an employee who is engaged in making reservations in respect of tables, allocating seats and showing customers to their seats and is specifically charged by the employer or manager with supervisory responsibility over general assistants;
see sector;
without limiting the ordinary meaning of the term shall include all edibles and drinkables fit for human consumption.
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 any other person, and "Remunerate" has a corresponding meaning;
means one or more slices of fresh or toasted bread,rolls, scones or buns with filling on or between such slice or slices, but excludes snacks or savouries;
means the Secretary of the Council and includes any official nominated or delegated by the Council to act on behalf of or perform the duties of the Secretary;
means an employee who is engaged in any one of the following duties:
| (a) | authorised searching of goods, vehicles and persons; |
| (b) | supervising or controlling one or more watchmen; and |
| (c) | controlling or reporting on the movement of persons or vehicles through check-points or gates, and who may be required to perform any or all duties prescribed for a watchman; |
as defined in Annexure "A" attached to this agreement.
means to send by registered post, telegram, telex, telefax or deliver by hand;
means an employer who does not employ more than ten (10) employees at any time;
means an employee who is responsible for planning and directing food preparation in the kitchen, train new chefs, cooks, create the work schedule, make sure all food is of the best quality, making sure that all kitchen equipment, appliances and cooking instruments are at all times in working order, making sure that all kitchen staff abide by the employer's rules and regulations and kitchen duties, stock control, product supply rotation, menu tasting and to ensure safety precautions and sanitary provisions are taken as well as to ensure a safe and clean working environment;
means any event or occasion, including a dance, dinner, reception, sports gathering or agricultural, animal, horticultural or industrial show where meals and/or refreshments are provided;
means an employee who is employed by the day or the hour to work at a special function for not more than three days in any week: Provided that such special function casual employee may be employed on not more than four days in any week in which a public holiday falls, and may also be so employed during any one or more of the following periods:
| (a) | 6 December to 15 January |
| (b) | shows and exhibitions |
| (c) | the Easter weekend |
means an employee who supervises at a special function under the direction of the employer, function supervisor or manager;
means an employee who under the direction of the employer, manager or assistant manager supervises the work of the employees in an establishment;
means a trade union representative who is entitled to exercise the rights contemplated in section 14 of the Labour Relations Act, 1995;
means an employee other than a contract waiter, bartender, clerk/cashier or counter assistant, who performs any one or more of the following duties:
| (a) | serving meals and/or refreshments (whether alcoholic or non-alcoholic) to customers at tables or counters; |
| (b) | receiving payment for any order taken or executed and being responsible for payment; |
| (c) | setting and/or clearing tables; |
| (d) | checking and/or controlling dining-room and/or other pantry equipment; |
| (e) | filling butter and/or jam dishes and/or cruets, and may make salads; |
means the amount of money payable to an employee in terms of clause 5 in respect of his ordinary hours of work as prescribed in clause 9: Provided that if any employer regularly pays an employee in respect of such hours of work an amount higher than prescribed in clause 5, it means such higher amount;
means an employee who is engaged, mostly at night, in any one or more of the following duties:
| (a) | guarding, protecting or patrolling premises, buildings, structures or fixed or movable property; |
| (b) | handling dogs in the performance of any or all of the duties referred to in (a); and |
in relation to an employee, means the period of seven days within which the working week of that employee falls.
means:
| (a) | any person excluding an independent contractor and a commission worker who works for another person and who receives, or is entitled to receive any payment for that work whether in money or in kind; and |
| (b) | any other person who in any manner assists in carrying on or conducting the business of an employer, and further includes an employee who is employed by a labour broker or temporary employment service in the Sector, as defined and "employed" and "employment" have a meanings corresponding to that of an employee; |
means the place or places where the employees of an employer work. If an employer carries on or conducts two or more operations that are independent of one another by reason of their size, function or organisation, the place or places where employees work in connection with each independent operation, constitutes the workplace for that operation;