Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Hairdressing Trade (Cape Penninsula)Main Collective Agreement36. Sick Pay Fund |
| 1. | The Fund known as the “Hairdressing Trade Sick Pay Fund” hereinafter referred to as the “Fund” is hereby continued. |
| 2.1 | The object of the Fund is the provision of sick pay benefits to employees and working employers hereinafter referred to as “members of the Fund” to whom this clause applies during periods of absence from work through sickness. |
| 2.2 | The Sick Pay fund is compulsory to all employees to belong to this fund and it is compulsory for employers to contribute to the fund. |
| 3. | Contributions must be calculated on the employee or working employer"s actual monthly wage:— |
| (a) | Every employee must contribute per month the employee contribution specified in the Sick Pay Fund Contribution Schedule; |
| (b) | every employer must deduct per month from the wages of each employee the amount referred to in clause 36 (3) (a) and contribute per month the employer contribution specified in the Sick Pay Fund Contribution Schedule; |
| (c) | every working employer who is a member of the Fund must pay per month, according to wage band, both the specified employee and employer contribution; |
| (d) | every employer must pay the amounts referred to in clause 36.3 (a), 36.3 (b) and 36.3 (c) to the Council before the seventh day of the next month. |
SICK PAY FUND CONTRIBUTION SCHEDULE
Wage band |
Employee contribution Rand per month |
Employer contribution Rand per month |
0-2000 |
46.00 |
46.00 |
2001-3000 |
58.00 |
58.00 |
3001-4000 |
70.00 |
70.00 |
4001-5000 |
81.00 |
81.00 |
5001-10000 |
92.00 |
92.00 |
10001-15000 |
114.00 |
114.00* |
[GG36725, Government Notice No. R.550 amended the above clause.]
| (4) | The Fund must pay a member who has been absent from work due to accident or sickness, 72 days" sick pay in every 36-month benefit cycle, subject to the following:- |
| (a) | A claim limit of 36 days per cycle for absences of one to six days at any one time. |
| (b) | The remaining 36 days reserved to cover claims for prolonged illnesses resulting in an absence from work of a minimum of seven days at any one time. |
| (c) | During the first six months of membership the member is only entitled to two days" sick pay in respect of each completed month of membership. |
[GG36725, Government Notice No. R.550 amended the above clause.]
| 5. | To receive sick pay benefits a member must verify all absences from work in the form of:- |
| (a) | a certificate signed by a medical practitioner stating the nature and duration of the members" incapacity to work due to accident or sickness; or |
| (b) | in the case of a single day"s absence, written notification counter signed by the employer. |
| 6. | Sick pay due to a member is calculated on the member"s actual daily wage. |
| 7. | A member who is absent from work due to a sickness related to pregnancy, is only entitled to sick pay benefits for two days per month for each month absent from work. |
| 8. | A member who has paid contributions for a continuous period of 12 months is entitled to a confinement benefit of a maximum of four monthly payments of 25% of the member"s monthly salary. |
| 9. | Clause 35 (17) of this Agreement applies mutatis mutandis to the Fund. |
10. Paternity benefit:—
| (a) | The Fund must pay a male member a once-off paternity benefit of R1 000,00 upon presentation of proof of the birth or adoption of this child. The benefit is limited to one payment per year. |
| (b) | The Fund must pay a male member five days paternity leave per year, upon the birth or adoption of his child. Paternity leave is in addition to the five days Family Responsibility Leave specified in subclause 16.1(a) of the agreement. |