Labour Relations Act, 1995 (Act No. 66 of 1995) Notices Bargaining Council for the Civil Engineering Industry: Extension of Registration and Administration Expenses Collective Agreement to Non-Parties Part 1 : Scope and Application of the Agreement 3. Definitions and expressions

 

 

"Act"

means the Labour Relations Act, 1995 (Act No.66 of 1995);

 

"Bargaining Unit"

shall mean all the employees falling within the Task Grades 1 to 9 as per Appendix D of the BCCEI Wage and Task Grade Collective Agreement.

 

"Cross border work"

means work performed outside the borders of the Republic of South Africa.

 

"Employee"

means—

 

"Employer"

means any person whosoever, including a temporary employment service as defined in clause 198(1) of the Act, 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 to assist him in the carrying on or conducting of his business;

 

"Hourly-rated employee"

means an employee whose remuneration is calculated on an hourly basis notwithstanding the frequency of the payment thereof, and who is not a salaried employee;

 

"Law"

includes the common law;

 

"Limited duration contracts of employment"

means an employer may employ an employee for a specified, limited contract period in terms of an activity or duration.

 

"Local Authority"

means a "Municipality" as defined in the Local Government: Municipal Systems Act; 2000;

 

"Overtime"

means the time that an employee works during a day, or a week, in excess of the ordinary hours of work prescribed for such employee in Clause 2, Chapter I of the "BCCEI Conditions of Employment Collective Agreement", but does not include work performed on a Sunday or a paid public holiday;

 

"Paid public holiday"

means any day that is a public holiday in terms of the Public Holiday Act, 1994 (Act No. 36 of 1994);

 

"Pay"

means payment of remuneration in cash, electronic transfer, by cheque or by other means;

 

"Permanent employee"

means any employee who is not an employee employed in terms of a limited duration contract;

 

"Piece-work"

means any system under which an employee's remuneration is based on the quantity of work done;

 

"Public holiday"

means New Year"s Day, Human Rights Day, Good Friday, Family Day, Freedom Day, Workers' Day, Youth Day, National Women"s Day, Heritage Day, Day of Reconciliation, Christmas Day and Day of Goodwill, as specified in Schedule 1 of the Public Holidays Act, 1994 (Act 36 of 1994) and includes any day proclaimed as such in terms of Section 2A of the aforesaid Act. Whenever any public holiday falls on a Sunday, the following Monday shall be a paid public holiday;

 

"Salaried employee"

means an employee whose remuneration is calculated on a monthly basis notwithstanding the number of hours or days actually worked, who performs work generally understood to be that of a salaried employee, and who is not a "hourly-rated employee";

 

"Short-time"

means a temporary reduction in the number of ordinary hours of work owing to vagaries of the weather, a slackness of trade, a shortage of materials, a breakdown of plant or machinery or a breakdown or threatened breakdown of structures, or any unforeseen contingencies and/or circumstances beyond the control of the employer or a temporary reduction in the number of ordinary hours of work owing to riots, unrest or acts of terrorism or disorder, which directly affect the employees ability to provide work;

 

"Wage"

means the amount of money payable to an employee in respect of the ordinary hours of work. Provided that;