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

Notices

Bargaining Council for the Food Retail, Restaurant, Catering and Allied Trades

Extension to Non-parties of the Main Collective Agreement

5. Remuneration : Wages
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(A) EXEMPTIONS:

 

Where a small employer or his employee can satisfy the Council that any provisions of the Agreement are restricting entrepreneurial initiative and/or employment opportunities, such an employer or employee may apply to the Council for exemption from the specific provisions and the Council may grant such an exemption.

 

Prescribed wages for an employee on probation may be reduced by not more than 10% for a period not exceeding three months.

 

The wages prescribed pertain to the payment for ordinary hours of work as specified in clause 7. Should statutory legislation reduce these ordinary hours of work the wages will automatically be reduced proportionately.

 

(B) MINIMUM WAGES:

 

(1)

(a) Employees that are paid below R40 000, calculated on monthly basic salary, per annum shall be entitled to a minimum increase of—

7.5% with effect from the date of coming into operation of this agreement to 30 April 2018.

(b) Employees that are paid above R40 000, calculated on basic monthly salary, per annum shall be entitled to a minimum increase of—

5.5% with effect from the date of coming into operation of this agreement to 30 April 2018.

(c) small employer - may reduce the increase as specified in subclause (a) and (b) by 10 %.

 

(2) The minimum wage which shall be paid by an employer to each member of the undermentioned classes of employees shall be as follows:

 

Job Description

With effect from the date of coming into operation of this agreement until 30 April 2018

Monthly

Weekly

Hourly

Assistant Manager


Area A

5 357.70

1 237.34

27.49

Area B

5 161.98

1 192.14

26.49

Baker/Confectionery caterer/Cook


Area A

3 156.66

729.02

16.20

Area B

3 041.39

703.39

15.60

Barman


Area A

3 789.11

875.08

19.44

Area B

3 650.69

843.11

18.73

Blockman


Area A

3 939.43

909.79

20.21

Area B

3 902.96

901.37

20.03

Cashier/Clerk/Storeman/Packer


Area A

3 565.45

823.42

18.29

Area B

3 435.22

793.35

17.63

Catering Assistant


Area A

3 331.80

769.46

17.09

Area B

3 210.12

741.36

16.47

Chef


Area A

5 121.25

1 182.73

26.28

Area B

4 934.18

1 139.53

25.32

Chef "unqualified"


Area A

4 609.13

1 064.46

23.65

Area B

4 440.75

1 025.57

22.79

Driver


Area A

3 173.78

732.97

16.28

Area B

3 057.84

706.19

15.69

General Assistant


Area A

3 032.80

700.41

15.56

Area B

2 917.47

673.78

14.97

Manager


Area A

6 006.37

1 387.15

30.82

Area B

5 787.00

1 336.48

29.69

Supervisor


Area A

4 404.67

1 017.24

22.60

Area B

4 243.29

979.97

21.77

Waiter


Area A

2 990.09

690.55

15.34

Area B

2 880.89

665.33

14.78

Watchman


Area A

2 990,09

690.55

15.34

Area B

2 880.89

665.33

14.78

 

(3)Basis of contract: For the purposes of this clause, an employee shall be deemed to be a weekly employee unless he falls within the definition of "casual employee" or "special function employee," and save as provided in subclause (4) of this clause and in clause 6 (5) shall be paid in respect of any week not less than the full weekly wage prescribed in subclause (1) and (2) for an employee of his class, whether he works in that week for the maximum number of ordinary hours specified for a week in clause 7(2) or less.

 

(4) Differential wages: An employer who requires or permits a member of one class of his employees to perform for longer than one hour, either in addition to his work or in substitution thereof, work of another class for which a higher wage is prescribed in subclause (1) and (2) shall pay such employee at the higher wage in respect of the whole day on which he performs such work: Provided that where the difference between classes is, in terms of subclause (1) and (2), based on experience or age, the provisions of this subclause shall not apply.

 

(5) Calculation of daily wage: For the purposes of subclause (3), the wage payable in respect of any day shall be not less than one twenty-sixth of the monthly wage as prescribed in subclause (1) and (2) for the higher work performed.

 

(6) Nothing in this Agreement shall operate to reduce the wage which is being paid to an employee at the date on which this Agreement comes into operation.

 

(7) The areas for the minimum wages are as follows:

Area A: Magisterial districts of Pretoria, Rustenburg, Wonderboom.

Area B: Magisterial districts of Brits, Bronkhorstspruit, Cullinan, Warmbaths and Witbank

 

(8) No employer shall reduce the ordinary hours of work in order to reduce salary/wage payment.

 

(9) Subject to the provisions of the subclause (2) and clause 6 (5), the minimum wage which shall be paid in respect of the ordinary hours of work prescribed in clause 7 by an employer to each member of the classes of employees as set out in the minimum wage table, and no employer shall pay, and no employee shall accept wages lower than the prescribed wage.

 

(C) COMMISSION WORKER:

 

(1) The owner/management of an establishment and a commission worker may agree in writing that the commission worker will perform the duties of a waiter if and when so required by the owner of which a commission will be paid at the end of each shift/week/month.

 

(2) The owner/management shall pay a commission worker the rates applicable for commission work as agreed: Provided that if during any calculation period, the commission worker does not earn an amount equivalent to at least the prescribed minimum wage for waiters, excluding any gratuity or tips, the owner shall pay the commission worker not less than the applicable minimum wage as prescribed for waiters for the ours that the commission worker worked.
(a) The owner/manager shall keep records of all commission paid, including any deductions or any amount owing to the owner.

 

(3) An agreement to perform commission work in terms of this clause shall be concluded before the work commences and shall include—
(a) the commission workers' rate of commission;
(b)the basis for calculating commission;
(c) the period, over which the payment is calculated, which period may not be longer than one month;
(d)when the owner shall pay the commission to the commission worker which commission may not be paid more than seven days after the end of the period in which the commission was earned; and
(e) the type, description, number, quantity, margin, profit or orders (individual, weekly, monthly or otherwise) for which the commission worker is entitled to earn commission.

 

(4) The owner/management shall supply the commission worker with a copy of the agreement to perform commission work prior to the commencement of commission work.

 

(5) The commission worker may apply for full time employment as a waiter, if a vacancy exists within the establishment for a waiter and the commission worker qualifies for the position of a waiter.

 

(6) An owner who intends to cancel or amend the agreement in operation shall give the commission worker not less than four week's notice of such intention.