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

Notices

National Textile Bargaining Council

Extension to Non-Parties : COVID-19 Lockdown Collective Amending Agreement

4. Payments to Employees
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4.1. This amending agreement entitles employees who qualify for wage subsidy support in terms of the provisions of this amending agreement, UIF funding for the period as declared by the President with effect from the start of the extended current lockdown period, and should any further extended lockdown period be announced, in weekly amounts as follows:
(a) For the lockdown period, UIF funding for each week in the period, payable by the UIF for the remaining lockdown period.
(b) Should the lockdown be lifted by the President prior to end of a week the employer will pay that part of the week for work performed that does not form part of the extended lockdown period.
(c) Employer agrees to the full payment of any public holiday that may fall within the time frames of the extended lockdown period.

 

4.2. Normal statutory deductions and deductions prescribed by the Council's main agreement where applicable shall continue to be effected, for all payment periods referred to in sub-clause 4.1. of this agreement, subject to the requirements of the TERS directive, regulations and the UIF Act and any other applicable legislation.

 

Similarly, employer contributions to statutory obligations and those prescribed by the Council's Main Agreement where applicable shall continue to be executed, subject to the requirements of the TERS regulations, UIF Act and any other applicable legislation.

 

In the event that companies are unable to pay any of the above mentioned deductions companies may apply for exemption through the RRT.

 

4.3. The parties agree that nothing in this amending COVID-19 Textiles agreement shall prevent SACTWU and the management to agree at a plant level for any payment in excess of the wage subsidy that is to be received from worker funds received by the UIF.

 

4.4. The parties acknowledge that thére is a possibility that the extended lockdown period may be extended for an even longer period, and commit to constructively continue to explore income support for employees, in the event of a longer extended lockdown period being declared. This engagement will be conducted during the currency of this extended lockdown period.

 

4.5. The parties acknowledge that the cost implications of the provisions of clause 4 of this amending agreement is unforeseen and unprecedented, and shall continue to explore means by which it could be mitigated.

 

4.6. The provisions of clause 4 of this agreement apply to companies and employees within the registered scope of the Council and who are registered with the Council, as well as those referred to in sub-clause 2.3 of this amending agreement, but provided that the latter shall not be required to register with the Council, unless they do so voluntarily.

 

4 7.The parties agree that, post this lockdown period, employees shall be required to assist with the making up of lost production time, and where lost production requires overtime work, employees shall be paid at overtime rates of pay provided that such overtime work arrangement will be done is discussed at plant level.

 

4.8. The provisions of sub-clause 4.7 of this amending agreement shall only apply to that week which the employer is required to pay wages which are not due for work already performed or from the UIF, as set in sub-clause 4.1 above.

 

4.9. The provisions of sub-clause 4.1 of this amending agreement shall also be applicable to monthly paid employees in the bargaining unit, provided that payment shall be effected during the last week of April 2020 and the last week of May 2020 and the last week of June 2020. Further payments shall become applicable on the last week of each month should the extended lockdown period be extended further than 30th June 2020.

 

4.10. The parties agree that the Rapid Response Team shall continue to engage and explore further income support measures for employees as the need arises should there be further extensions to the national lockdown period.

 

4.11. The parties record that the provisions of clause 4 of this amending agreement currently does not address the payments for the Textile Industry salaried staff. It is agreed that employers in the Textile Industry will apply for TERS UIF funding for the salaried staff both union and non-union members.