National Textile Bargaining Council

Government Gazette

Part2:

Annexure C: Woven, Crochet & Knitted Narrow Fabric Subsector

 

A: APPLICATION

1. SCOPE OF APPLICATION

1.1 As per the provisions of clause 1.1 and 1.1.1 of Part 1 of this Agreement.

1.2 As per the provisions of clause 1.2 of Part 1 of this Agreement.

2. PERIOD OF OPERATION

As per the provisions of clause 2 of Part 1 of this Agreement.

3. EXCEPTIONS

As per the provisions of clause 3 of Part 1 of this Agreement.

 

B: REMUNERATION

4. MINIMUM WAGES

4.1 As per the provisions of clause 4.1 of Part 1 of this Agreement.

4.2 Every employer must pay each employee a wage increase and a minimum wage that is not less than that detailed in clause 4.2.1 and 4.2.2 below:

4.2.1 Each employer must pay employees an hourly increase for each grade, as follows:

WOVEN AND CROCHET:

Grade

Increase

A1

67 cents per hour

A2 0-3 months

67 cents per hour

4—6 months

67 cents per hour

Qualified

68 cents per hour

A3

69 cents per hour

B1 0-6 months

70 cents per hour

7—12 months

70 cents per hour

Qualified

71 cents per hour

B2 0-6 months

70 cents per hour

7—12 months

71 cents per hour

Qualified

72 cents per hour

B3 0-6 months

74 cents per hour

7-12 months

75 cents per hour

Qualified

76 cents per hour

B4

81 cents per hour

CLOTHING ACCESSORIES:

Grade

Increase

A1

60 cents per hour

A2

61 cents per hour

A3

62 cents per hour

B1

64 cents per hour

B2

65 cents per hour

B3

68 cents per hour

B4

73 cents per hour

B5

78 cents per hour

4.2.2 The minimum hourly wage rate shall be as follows:
WOVEN AND CROCHET:
Grade

Hourly rate of pay

A1

R14,01

A2 0-3 months

R14,09

4—6 months

R14,14

Qualified

R14,25

A3

R14,46

B1 0-6 months

R14,62

7—12 months

R 14,74

Qualified

R14,92

B2 0-6 months

R14,76

7—12 months

R14,95

Qualified

R15,08

B3 0-6 months

R15,52

7-12 months

R15,72

Qualified

R15,90

B4
R16,92
CLOTHING ACCESSORIES

A1

R12,60

A2

R12,84

A3

R13,01

B1

R13,41

B2

R13,55

B3

R14,28

B4

R15 24

B5

R16,35

4.2.3 BRAIDING

All employees in the braiding departments and/or companies shall receive a wage increase of 5% on the employees' actual earnings limited to the monetary amount of a Grade A1 Woven Crochet-gazetted hourly rate increase set out in the tables in clause 4.2.1 above, up to a maximum of 67c per hour. The parties will negotiate the wage rates and other terms and conditions of employment applicable to braiding employees (as contemplated in this clause) for the period starting 1 September 2007.

Clause 4.3 of Part 1 of this Agreement is not applicable in this subsector.

New employees entry level wage:

New employees, subject to the conditions set out below, will be remunerated in accordance once with the following table:

Year one of employment

25% below the hourly gazetted rate

Year two of employment

15% below the hourly gazetted rate

Year three of employment

8% below the hourly gazetted rate

Year four of employment

Normaly hourly gazetted rate

This provision will not affect experienced employees. In terms hereof "experienced" will mean someone who has had experience in the Industry in the position being applied for and appointed to and this experience shall be offset against the phasing-in period as set out above. The employee must have been employed in the Industry in the five years immediately preceding the date of engagement.

However, where the employee has more than five (5) years' experience in that position, irrespective of how long he/she has been out of the Industry, he/she shall re-enter at 8% below the gazetted hourly rate for a maximum of one year, whereafter the normal gazetted rates will apply.

 

4.5 THE GRADING SYSTEfyl IN THE SUBSECTOR IS AS FOLLOWS:

GRADES AND JOB TITLED FOR CLOTHING ACCESSORIES

GRADE 1

A1

GENERAL WORKER

LABOURER

SORTER

VAN GUARD

WATCHMAN

CANVAS OPENER

SHUTTLE FILLER

GRADE 2

A2

ROLLER/SPOOLER/CASCADER/MAKE-UP WORKER/STRIP ROLLER

LABEL CUTTER

FINISHER

DESPATCH PACKER

FEEDER

PRE-INSPECTOR/EXAMINER

TABLE HAND

SINGLE SET STITCHER/STITCHER

BOW MAKER

CROSS CUTTER

COTTON WINDER

GRADE 3

A3

FACTORY CLERK

MECHANIC'S ASSIT

DOUBLE SET STITCHER

GRADE 4

(B1)

LABORATORY ASSIT.

FABRIC CUTTER/FABRIC STITCHER/MANUAL CUTTER/AUTO

CUTTER

SLOTTER

BIAS-MACHINE OPERATOR

EMBROIDERY SAMPLER

EMBROIDERY MACHINE MINDER

GRADE 5

(B2)

DRIVER

HANDYMAN

CLERK

SET LEADER

EMBROIDERY FIXER

EMBROIDERY BADGE CUTTER

GRADE 6

(B3)

Q.CONTROLLER

PLANNER/PLANNING CLERK

STOREMAN

EMBROIDERY MACHINE SETTER

GRADE 7

(B4)

MECHANIC

ARTIST

GRADE 8

(B5)

SUPERVISOR

PUNCH OPERATOR

GRADES AND JOB TITLES FOR NARROW FABRICS

GRADE 1

(A1 )

GENERAL WORKER

LABOURER

SORTER

VAN GUARD

WATCHMAN

GRADE 2

(A2 )

ROLLER/SPOOLER/CASCADER/MAKE-UP WORKER

LABEL CUTTER

FINISHER

DESPATCH PACKER

FEEDER

PRE-INSPECTOR

KNOTTER

DOFFER/CREEL ATTENDANT

ASSIT WARPER

ASSIT WINDER

GRADE 3

(A3 )

FACTORY CLERK

MECHANIC'S ASSIT

GRADE 4

(B1)

WARPER

WINDER

ASSISTANT Q. CONTROLLER

ASSIT LOOM TUNER

LABORATORY ASSIT

ASSIT WEAVING MACH. OPERATOR

GRADE 5

(B2)

KNITTING MACHINE OPERATOR

WEAVING MACHINE OPERATOR

DYE-HOUSE OPERATOR

COVERING^-EXTURISING MACH. OPERATOR

DRIVER

DYER'S ASSIT

HANDYMAN

CLERK

GRADE 6

(B3)

LOOM CHANGER/TUNER/MACH. SETTER

Q.CONTROLLER

PLANNING CLERK

STOREMAN

GRADE 7

(B4)

MECHANIC

Shift Dyer

GRADE 8

(B5)

SUPERVISOR

THE DEFINITION OF THE VARIOUS JOB TITLES IS AS FOLLOWS:

ARTIST

means an employee who designs and draws patterns so that they can then be transposed by the punch operator.

ASSISTANT LOOM TUNER

means an employee engaged in assisting the loom tuner. This includes gaiting.

ASSISTANT QUALITY CONTROLLER

means an employee engaged in assisting the quality controller.

ASSIT WARPER

means an employee who assists a warper.

ASSIT. WEAVING MACHINE OPERATOR

means an employee engaged in assisting the weaving machine operator.

ASSIT WINDER

means an employee who assists a winder or a winding machine operator.

AUTOMATIC CUTTER

means an employee who operates an automatic cutting machine.

BIAS MACHINE OPERATOR

means an employee who operates a biasing machine which converts tubular fabric into biased rolls.

BOW MAKER

means an employee who is involved in the making of bows either by hand or on a machine.

CANVAS OPENER

means an employee who opens canvases after the fabric has come off the Schiffli embroidery machine.

CLERK

means an employee who is engaged in—

(a) writing, typing and filing:

(b) operating a calculating, or a punch-card machine, or a computer;

(c) any other form of clerical work;

and includes a cashier, despatch clerk, mannequin, storeman, telephone switchboard operator and work-study clerk but does not include any other class of employee elsewhere defined in this clause, notwith-standing the fact that clerical work may form part of such employee's work.

COTTON WINDER

means an employee who operates a cotton winding machine.

COVERING/TEXTURISING MACHINE OPERATOR

means an employee who operates a covering machine or texturising machine.

CROSS CUTTER

means an employee who operates a cross-cutting machine.

DESPATCH PACKER

means an employee engaged in making up parcels, cartons or bales in readiness for transport, delivery or post.

DOFFER/CREEL ATTENDANT

means an employee engaged in replacing raw material and then knotting onto trailing end.

DOUBLE-SET STITCHER

means an employee who performs the function of straight-line stitching on a sewing machine on more than a single set.

DRIVER

means an employee engaged in driving a motor vehicle, scooter or fork lift, and for the purposes of this definition, driving a motor vehicle includes all periods of driving and any time spent by the driver on work connected with the vehicle or the load and all the periods during which he is obliged to remain at his post in readiness to drive.

DYE-HOUSE OPERATOR

means an employee who operates a dye-house machine.

DYERS ASSIT

means an employee who under the supervision of a dyer, is responsible for the mixing of colours and/or formulae and who may attend or operate the machines used in dyeing and finishing processes.

EMBROIDERY-BADGE CUTTER

means an employee who checks badges and motifs for damage and who cuts out the badges.

EMBROIDERY FIXER

means an employee who operates a single needle embroidery machine and repairs any damage to the embroidery caused by the Schiffli production machines.

EMBROIDERY-MACHINE MINDER

means an employee who operates a Schiffli embroidery machine.

EMBROIDERY-MACHINE SETTER

means an employee engaged in setting a Schiffli machine according to specifications.

EMBROIDERY SAMPLER

means an employee who aids the sample coordinator by cleaning samples and packing samples and who liases with the costing department.

FABRIC CUTTER

means an employee who operates a circular blade cutting machine.

FABRIC STITCHER

means an employee who operates an overlook sewing machine and sews canvas onto the fabric so that it can go onto the Schiffli embroidery machine.

FACTORY CLERK

means an employee who is engaged in one or more of the following activities:

(a) Calculating piece-work or bonus payments from production schedules;

(b) checking attendance records or recording particulars of employees at work or absent from work; preparing wage cards or envelopes for subsequent use by another employee;

(c) checking or recording for production control;

(d) copying invoices or other documents by machine or hand;

(e) issuing machine parts, tools, oil and other equipment from workshop store and/or recording same;

(f) issuing material, lining, canvas, trimming, buttons, cotton and zips to different departments of an establishment and/or recording same;

(g) issuing trimming, lining, cotton and zips to employees of an establishment from a sub-store and/or recording same;

(h) receiving into stock, goods, material, trimming, tools and other equipment and checking goods ordered, such as quantity, size and quality;

(i) recording particulars of materials or general stores consumed or to be consumed or keeping stock records;

(j) recording particulars of waste:

Provided that a calculator may be used in carrying out one or more of the above duties.

FEEDER

means an employee who is engaged in minding/feeding/rethreading raw material into machine on a continuous process and who may be involved in loading dye machines.

FINISHER

means an employee responsible for feeding/minding a finishing process, e.g. heat tunnel, drum machine, caliendering and/or continuous dye range.

GENERAL WORKER

means an employee who is engaged in one or more of the following activities:

(a) Carrying, moving or stacking articles;

(b) delivering letters, messages or goods outside the factory premises on foot or by means of a bicycle, tricycle or hand-propelled vehicle;

(c) folding and/or inserting mail, affixing postage stamps or labels for posting;

(d) making tea or similar beverages, snacks or sandwiches and washing cups, saucers and kitchen utensils;

(e) marking, branding, stencilling or affixing labels on boxes, bales or other containers by hand;

(f) opening or closing doors, unpacking boxes, packages, bales containers; (g) operating a duplicating and/or addressograph and/or franking machine.

HANDYMAN

means an employee, other than a mechanic, who makes repairs or adjustments or effects renovations to buildings, fixtures, fittings, plant, machinery and other equipments.

KNITTING MACHINE OPERATOR

means an employee who oprates one or a set of knitting machines and who is capable of identifying faults, changing needles, sliders and sinkers, straightening tricks, including chain and card control and making minor adjustments to such items as yarn tensions when necessary.

KNOTTER

means an employee who is engaged in replacing beams and knotting warp ends onto trailing ends.

LABEL CUTTER

means an employee who is engaged in sorting and cutting labels either manually or by means of a label-cutting machine.

LABORATORY ASSISTANT

means an employee who prepares samples and analyses products and who may make initial and routine tests and record the results thereof.

LABOURER

means an employee who is engaged in one or more of the following activities:

(a) Binding, wiring or strapping boxes or bales or other containers;

(b) cleaning and/or washing premises, plant, machinery, vehicles, tools and/or other articles;

(c) fitting and mending machine belts; cleaning, oiling and greasing machines; moving tools, equipment and machines; changing needles; cleaning cotton and/or cloth from underneath throat plate;

(d) general gardening work;

(e) loading or unloading vehicles; trailers or international standard containers.

LOOM CHANGER/TUNER/MACHINE SETTER

means an employee who is engaged in drawing in loom according to specification, placing heals, droppers and final setting of the machine.

MANUAL CUTTER

means an employee who operates a manual cutting machine.

MECHANIC

means an employee who is engaged in the operation, maintenance, rebuilding and refitting of machines and who is proficient in making repairs or adjustments to machinery or equipment used directly in the manufcture of products of an establishment.

MECHANIC'S ASSIT.

means a person who is engaged in assisting the mechanic in maintaining plant machinery and who may be involved in assisting with minor repairs, general stripping and assembling of machines.

PLANNING CLERK/PLANNER

means an employee who is responsible for the administration and planning of production in the factory.

PRE-INSPECTOR/EXAMINER

means an employee who is engaged in inspecting and/or measuring products during the manufacturing

process.

PUNCH OPERATOR

means an employee who works on the card-punching machine which transposes the designs for Schiffli machines onto jacquard cards.

QUALITY CONTROLLER

means an employee, other than a pre-inspector, who carries responsibility for quality control in a factory ensuring that the quality of any product, whether in a finished or unfinished state, meets the standard of quality determined by the employer.

ROLLER/SPOOLER/CASCADER/MAKE-UP WORKER/STRIP ROLLER

means an employee who is engaged in transferring fabric/yarn onto rolls, spools or into cartons.

SET LEADER

means an employee who is responsible for the work executed by the employees in a set or team under his charge and who takes an active part in the operation of a set.

SHUTTLE FILLER

means an employee who fills the shuttles with yarn for the Schiffli embroidery machine.

SINGLE-SET STITCHER

means an employee who performs the function of straight-line stitching on a sewing or tubing machine on

a single set.

SLOTTER

means an employee who operates a slotting machine.

SORTER

means an employee who is engaged in sorting out for various operations.

STITCHER

means an employee who operates a lock-stitch machine sewing fabric together so that it can go through

the schcaring machine.

STOREMAN

Means an employee who is in general charge of stores and/or finished products and who is responsible for receiving, controlling, storing, packing or unpacking goods in a store or warehouse and/or delivering goods from a store or warehouse to the consuming departments in an establishment or for despatch.

SUPERVISOR

Means an employee who supervises a group of employees and carries the responsibility for the correct and efficient execution of the work entrusted to the care of such employee in a factory or a department of a factory.

TABLE HAND

Means an employee involved in the laying up and cutting of broad width fabric.

VAN GUARD

Means an employee who accompanies the driver and assists in loading and dispatching goods, obtaining receipts and general duties pertaining to the vehicle.

WARPER

Means an employee who prepares warps from cones or bobbins for a warp-knitting or similar machine and prepares the beam.

WATCHMAN

Means an employee who is engaged in guarding premises, buildings or other property.

WEAVING-MACHINE OPERATOR

Means an employee who operates one or a set of weaving machines and who is capable of identifying faults, changing needles, sliders and sinkers, straightening tricks, including chain and card control and making minor adjustments to such items as yarn tensions when necessary.

WINDER

Means an employee who is engaged in operating a yarn-winding machine.

5. CALCULATION OF WAGES

As per the provisions of clause 5 of Part 1 of this Agreement.

6. SHIFT ALLOWANCE

For the purposes of this subsector a shift allowance means a night-shift allowance, paid as follows:

An employer must pay a night-shift allowance to each employee who works a shift or part of a shift between 18:00 and 06:00. The night-shift allowance is calculated at 10 per cent of the basic hourly rate for the shift or part of the shift worked between 18:00 and 06:00.

7. LONG-SERVICE AWARD

7.1 Every employer must pay each employee a long-service award in addition to the wage prescribed in clause 4 above.

7.2 The long service award is—

(a) 50c per week for each completed year of continuous service; and

(b) payable from 1 July of each year.

8. ANNUAL BONUS

8.1 Every employer must pay each employee an annual bonus of 4,5% of his/her gross annual earnings calculated in terms of clause 8.2 (below) prior to the annual shutdown and no later than a week before Christmas Day.

8.2 The annual bonus is based on a full year of service commencing on 1 November of the preceding year and ending on 31 October of the year in which the annual bonus is paid.

8.3 If an employee starts employment on or after 1 November, that employee is entitled to a pro rata amount of the annual bonus for the period worked up to 31 October.

8.4 An employee whose employment is terminated—

(a) before 1 November is not entitled to any annual bonus; or

(b) on or after 1 November, must be paid the annual bonus on the date of termination.

9. CHANGE IN OCCUPATION

If an employer requires or permits an employee to work in an occupation or at a skill level in respect of which a higher wage is prescribed, the employer must pay that employee on a pro rata basis for the ordinary hours of work at the higher wage.

10. TEMPORARY EMPLOYEES

As per the provisions of clause 10 of Part 1 of this Agreement.

11. DEDUCTIONS

As per the provisions of clause 11 of Part 1 of this Agreement.

12. PAYMENT OF REMUNERATION

The provisions of clause 12 of Part 1 of this Agreement shall apply, subject to the following:

12.1 Every employer must pay to an employee all the remuneration due to such employee each week. By agreement remuneration may be paid monthly.

12.2 As per the provisions of clause 12.2 of Part 1 of this Agreement, subject to the following addition:

"12.2.3 by bank deposit; or to a registered financial institution".

12.3 As per the provisions of clause 12.3 of Part 1 of this Agreement, subject to the following addition: "12.3.15 productivity or incentive pay".

12.4 As per the provisions of clause 12.4 of Part 1 of this Agreement, subject to the following addition:

"12.4.2 in respect of weekly-paid employees, within eight days of the week worked; or".

12.5 As per the provisions of clause 12.5 of Part 1 of this Agreement.

13. INSURANCE OF REMUNERATION

As per the provisions of clause 13 of Part 1 of this Agreement.

C: HOURS OF WORK

14. ORDINARY HOURS OF WORK

The provisions of clause 14 of Part 1 of this Agreement shall apply, subject to the following:

14.1 An employer may not require or permit an employee, other than a security guard, to work more than—

14.1.1 44 ordinary hours in a week; and

14.1.2 as per the provisions of clause 14.1.2 of Part 1 of this Agreement;

14.1.3 nine ordinary hours in a day if the employee works five days in a week.

14.2 As per the provisions of clause 14.2 of Part 1 of this Agreement.

14.3 An empioyer may not require or permit a security guard to work more than the hours specified in the Basic Conditions of Employment Act, 1997.

15. OVERTIME

The provisions of clause 15 of Part 1 of this Agreement shall apply, subject to the following addition:

15.1 As per the provisions of clause 15.1 of Part 1 of this Agreement.

15.2 As per the provisions of clause 15.2 of Part 1 of this Agreement.

15.3 As per the provisions of clause 15.3 of Part 1 of this Agreement.

15.4 As per the provisions of clause 15.4 of Part 1 of this Agreement.

15.5 Aggregation of overtime:

15.5.1 Employees shall only qualify for the payment of overtime rates, once they have worked their full normal weekly hours of work for an applicable pay week.

15.5.2 All absenteeism shall be taken into account for the purpose of calculating the total normal weekly hours worked by an employee.

15.5.3 The provisions of this clause shall not apply to annual leave, protected industrial actions. public holidays, short time, maternity leave, family responsibility leave and authorised shop stewards' time-off.

16. MEAL AND OTHER INTERVALS

The provisions of clause 16 of Part 1 of this Agreement shall apply, subject to the following:

16.1 As per the provisions of clause 16.1 of Part 1 of this Agreement.

16.2 As per the provisions of clause 16.2 of Part 1 of this Agreement.

16.3 As per the provisions of clause 16.3 of Part 1 of this Agreement.

16.4 As per the provisions of clause 16.4 of Part 1 of this Agreement.

16.5 As per the provisions of clause 16.5 of Part 1 of this Agreement.

16.6 As per the provisions of clause 16.6 of Part 1 of this Agreement.

16.7 As per the provisions of clause 16.7 of Part 1 of this Agreement.

16.8 Every employee must be given at least two 10-minute rest breaks per shift, the first in approximately the middle of the first period of work and the second in approximately the middle of the second period of work. These rest breaks are part of ordinary time.

16.9 The 20 minutes allocated for the rest breaks referred to in clause 16.8 may be—

16.9.1 added to the meal interval if less than 40 minutes; or

16.9.2 used to permit employees to leave work before the termination of the working day, without loss of pay; or

16.9.3 used for both 16.9.1 and 16.9.2.

17. PUBLIC HOLIDAYS

The provisions of clause 17 of Part 1 of this Agreement shall apply, subject to the following:

17.1 An employer may not require or permit employees, apart from security guards and guards, to work on a public holiday except in accordance with an agreement.

17.2 Public Holidays will be as per the Public Holidays Act, 1994.

17.3 As per the provisions of clause 17.3 of a Part 1 of this Agreement.

17.4 If a public holiday falls on a Sunday, the following Monday must be a public holiday.

17.5 If a public holiday falls on a day in which an employee would ordinarily work and an employee does not work on this public holiday, an employer must pay an employee his/her basic daily wage for that public holiday.

17.6 If an employee works less than 4 hours on a public holiday then the employer must pay that employee his/her basic daily wage, plus a basic hourly rate for 4 hours.

17.7 If an employee works for longer than 4 hours on a public holiday, then the employer must pay that employee a double his or her normal daily rate, or double the hourly rate for the hours worked, whichever is the greater.

17.8 If the Day of Reconciliation falls on a Saturday, an employer of an employee who works five days a week must pay that employee an additional day's wage for that week. The day's wage is the basic daily wage.

17.9 If an employer chooses to shut down on any religious holiday then the employees must be paid as if they had worked on that day.

17.10 An employee may take paid leave of one hour on 18 July each year for a general meeting at the time and place agreed between the employer and the trade union representatives at the workplace.

18. SUNDAYS

The following provisions on Sunday work are applicable in this subsector:

18.1 If an employee works less than four hours on a Sunday, then the employer must pay that employee his/her basic daily wage.

18.2 If an employee works for longer than four hours on a Sunday, then the employer must pay that employee either—

(a) the greater of double the basic hourly rate for the time worked or double the basic daily wage; or

(b) 1,333 times the basic hourly rate for the time worked, and any night-shift allowance, and grant that employee one day off work in the next week.

18.3 Clause 18.3 of Part 1 of this Agreement is not applicable on this subsector.

19. SHORT TIME

19.1 The purpose of short time is to meet the operational requirements of the particular plant.

19.2 Notification of short time will be preceded by a consultation process between the management and shop stewards at the particular plant. This process will include—

19.2.1 discussing the need for short time; and

19.2.2 the implementation of short time; and

19.2.3 minimizing the impact of the proposed short time.

19.3 An employer may reduce the number of ordinary hours in a day or a week on 2 hours' notice to the employees.

19.4 If the employer fails to give 2 hours' notice, it must pay the employee in lieu of the required notice.

19.5 Irrespective of the number of hours worked, an employer must pay each employee working short time at least half of that employee's basic weekly wage.

20. EXCEPTIONS

As per the provisions of clause 20 of Part 1 of this Agreement.

 

D: LEAVE

21. ANNUAL LEAVE

The provisions of clause 21 of Part 1 of this Agreement shall apply, subject to the following:

21.1 As per the provisions of clause 21.1 of Part 1 of this Agreement.

21.2 As per the provisions of clause 21.2 of Part 1 of this Agreement.

21.3 As per the provisions of clause 21.3 of Part 1 of this Agreement.

21.4 As per the provisions of clause 21.4 of Part 1 of this Agreement.

21.5 As per the provisions of clause 21.5 of Part 1 of this Agreement.

21.6 As per the provisions of clause 21.6 of Part 1 of this Agreement.

21.7 As per the provisions of clause 21.7 of Part 1 of this Agreement.

21.8 As per the provisions of clause 21.8 of Part 1 of this Agreement.

21.9 As per the provisions of clause 21.9 of Part 1 of this Agreement.

21.10 As per the provisions of clause 21.10 of Part 1 of this Agreement.

21.11 As per the provisions of clause 21.11 of Part 1 of this Agreement, subject to the follovi^ing:

21.11.1 As per the provisions of clause 21.11.1 of Part 1 of this Agreement.

21.11.2 Clause 21.11.2 of Part 1 of this Agreement is not applicable in this subsector.

21.12 The parties may, by agreement, at plant level introduce split annual leave, provided that such arrangements shall be finalized by no later than 30 September of the applicable year.

22. SICK LEAVE

The provisions of clause 22 of Part 1 of this Agreement shall apply, subject to the following:

22.1 As per the provisions of clause 22.1 of Part 1 of this Agreement.

22.2 As per the provisions of clause 22.2 of Part 1 of this Agreement.

22.3 Subject to section 23 of the Basic Conditions of Employment Act, an employer must pay an employee of a day's sick leave—

22.3.1 the wage the employee would ordinarily have received for work on that day; and

22.3.2 on the employee's usual pay day.

22.4 As per the provisions of clause 22.4 of Part 1 of this Agreement subject to the following addition:

22.4.1 As per the provisions of clause 22.4.1 of Part 1 of this Agreement.

22.4.2 As per the provisions of clause 22.4.2 of Part 1 of this Agreement.

22.4.3 As per the provisions of clause 22.4.3 of Part 1 of this Agreement.

22.4.4 To a temporary employee who works less than 24 hours per month.

22.5 During an employee's first sick-leave cycle, an employer may reduce the employee's entitlement to sick leave in terms of clause 22.2 of Part 1 of this Agreement, by the number of days' sick leave taken in terms of clause 22.2 of Part 1 of this Agreement.

22.6 An agreement may reduce the pay to which an employee is entitled in respect of any day's absence in terms of this clause if—

22.6.1 the number of days of paid sick leave is increased at least commensurately with any reduction in the daily amount of sick pay; and

22.6.2 the employee's entitlement to pay—

22.6.2.1 for any day's sick leave is at least 75 per cent of the wage payable to the employee for the ordinary hours the employee would have worked on that day; and

22.6.2.2 for sick leave over the sick-leave cycle is at least equivalent to the employee's entitlement in terms of clause 22.2 of Part 1 of this Agreement.

23. MATERITY LEAVE

The following provisions on maternity leave are applicable in this subsector:

23.1 An employee is entitled to at least four consecutive months' maternity leave. Every female employee who has worked for at least 12 months for an employer is eligible for paid maternity leave in terms of this Agreement.

23.2 An employer may not require or permit a female employee to work four weeks before the expected date of birth and before eight weeks affter the birth.

23.3 An employee may take maternity leave for longer than the compulsory period of leave up to a maximum of six months. Any annual leave due to the employee must be taken as part of that extended leave.

23.4 Employers must pay employees 33% of their basic weekly wage for four months. The remaining two months is unpaid.

23.5 Employers must pay both the employee's and the employer's contributions to any provident and medical aid funds to which the employee belongs for up to four months.

23.6 Maternity leave does not constitute a break in service.

23.7 Benefits such as annual leave, sick leave and annual bonus do not accumulate during maternity leave.

23.8 An employee must apply in writing for maternity leave at least one month before going on such leave.

23.9 Each employer must guarantee the re-employment of the employee after the expiry of the maternity leave unless she has been selected for retrenchment on criteria agreed to between the employer and the trade union party to this Agreement.

23.10 The employer may hire an employee on a temporary basis to fill the employee's post until the employee returns. The trade union will not challenge the fairness of the termination of service of the temporary employee as a consequence of this section.

23.11 If the employee returns before the exiry of the six month period, the employer must re-employ her at the same job grade and rate of pay she enjoyed immediately before she went on maternity leave. If the rate of pay increased while she was on leave, she must receive the increased rate.

23.12 If the employer is unable to employ her at the same job grade, the employer may employ her in a temporary position in a different job grade at her previous rate of pay or the rate for the temporary position, whichever is the greatest.

23.13 An employee wishing to return to work must give her employer one month's notice of her recommence-ment of work and provide her employer with a medical certificate indicating that she is fit to work.

24. FAMILY RESPONSIBILITY LEAVE

The following provisions on family responsibility leave are applicable in this subsector:

24.1 An employee, who has been in the same company's employ for at least 12 months and who works for the company for at least four days a week, is entitled to three days' paid family responsibility leave a year.

24.2 This leave will be granted (if requested) when—

24.2.1 a male employee's child is born;

24.2.2 a spouse or life partner, parent, parent-in-law, adoptive parent, grandparent, child, adopted child, grandchild or sibling dies;

24.2.3 the employee's minor child and/or parents are ill; and

minor child is defined as a child under 18 years old and discretion lies with management to pre-authorise such leave for older dependent children.

24.3 Family responsibility leave may be taken for a whole day or part of a day. Before granting this leave, reasonable proof of the event for which the leave is required must be furnished. This leave is non-accumulative ad any unused entitlement lapses at the end of the calendar year.

24.4 Requests for family responsibility leave for time off to attend to a child's first day of school {Grade 1) will be dealt with on a plant-level basis.

E: EMPLOYEE BENEFITS

25. RETIREMENT FUND

25.1 As per the provisions of clause 25.1 of Part 1 of this Agreement.

25.2 Every employee must contribute at least 6,5% of the employee's basic weekly wage and every employer must contribute 6,5% of each employee's basic weekly wage.

26. BURSARY SCHEME

As per the provisions of clause 26 of Part 1 of this Agreement.

27. FUNERAL BENEFITS

27.1 Every employer must take out insurance to secure the minimum funeral benefits of its employees and their dependants in accordance with the Table below.

27.2 When the employee or a person referred to in the Table below dies, the employer must pay the employee or the employee's family, the funeral benefit in accordance with this Table. The payment must be made within one week of the employer being furnished with the death certificate of the deceased person.

27.3 The employer must furnish the Council each year with a certificate from the insurer confirming this insurance.

The employee

R1500,00

The employee's spouse

R1500,00

The employee's children

between 14 and 21 years

between 6 and 14 years

under 6 years (including stillborn)

R1500,00

R 800,00

R 500,00

28. PERSONAL PROTECTIVE EQUIPMENT

As per the provisions of clause 28 of Part 1 of this Agreement.

29. SACTWU HIV/AIDS PROJECT

The provisions of clause 29 of Part 1 of this Agreement shall apply, suject to the following additions:

29.1 This levy shall be payable only by the employers and not by the employees.

29.2 All employees covered by this Agreement will be allowed two (2) hours' paid time off on a once-off basis for the purposes of HIV/AIDS awareness training, conducted by Sactwu HIV/AIDS Project. Such training shall be conducted at the plant and attendance is voluntary.

29.3 One shop steward per plant will be granted a once-off five (5) days' paid time off for HIV/AIDS counsellor training if required by Sactwu. Request for a worker other than a shop steward can be made to the trade union.

30. LEARNERSHIPS

The provisions of clause 30 of Part 1 of this Agreement are not applicable in this subsector.

F: TERMINATION OF CONTRACT OF EMPLOYMENT

31. TERMINATION OF CONTRACT OF EMPLOYMENT

31.1 An employer or employee who wants to terminate the contract of employment during the first four weeks of employment must give—

(a) at least 24 hours' notice; or

(b) the basic daily wage.

31.2 An employer or employee who wants to terminate the contract of employment after the first four weeks of employment must give—

(a) at least one week's written notice; or

(b) the basic weekly wage.

31.3 Clause 31.3 of Part 1 of this Agreement is not applicable in this subsector.

31.4 Notice of termination must—

(a) be given in writing unless the employee does not understand the employer's language or is illiterate;

(b) not be given during any period of leave.

31.5 Clause 31.5 of Part 1 of this Agreement is not applicable in this sub-sector.

31.6 As per the provisions of clause 31.6 of Part 1 of this Agreement.

31.7 As per the provisions of clause 31.7 of Part 1 of this Agreement.

32. CERTIFICATE OF SERVICE

As per the provisions of clause 32 of Part 1 of this Agreement.

G: ORGANISATIONAL RIGHTS

33. COLLECTION OF MEMBERSHIP FEES FOR TRADE UNION

The provisions of clause 33 of Part 1 of this Agreement shall apply, subject to the following:

33.1 Any employee who is a member of the trade union party to this Agreement may authorise the employer in writing to deduct subscriptions or levies of the trade union from the employee's wages.

33.2 As per the provisions of clause 33.2 of Part 1 of this Agreement.

33.3 As per the provisions of clause 33.3 of Part 1 of this Agreement.

33.4 An employee may revoke an authorisation given in terms of clause 33.1 of Annexure C of Part 2 of this Agreement by giving the employer and the trade union one month's written notice.

33.5 As per the provisions of clause 33.5 of Part 1 of this Agreement.

34. TRADE UNION REPRESENTATION ON THE COUNCIL

As per the provisions of clause 34 of Part 1 of this Agreement.

35. SHOP STEWARDS' RIGHTS AND FACILITIES

The provisions of clause 35 of Part 1 of this Agreement shall apply, subject to the following:

35.1 As per the provisions of clause 35.1 of Part 1 of this Agreement.

35.2 As per the provisions of clause 35.2 of Part 1 of this Agreement.

35.3 As per the provisions of clause 35.3 of Part 1 of this Agreement.

35.4 Each shop steward shall be entitled to seven (7) days' paid time off for trade union, SETA and Bargaining Council activities of which three days shall be pooled and such pooled days shall be available to all recognised shop stewards in the plant, subject to existing rules agreed to by the parties governing shop stewards time off and also contained in this subsector schedule.

35.5 Five (5) days' paid leave shall be granted once off to each recognized shop steward per company for the purpose of Information and Communication Technology (ICT) training. The union undertakes to execute such training at a rate of only one (1) recognized shop steward per annum, to a maximum of seven (7) recognized shop stewards per company over a period of seven (7) years.

The provisions of this clause shall not apply to shop stewards elected to fill a vacancy, unless the person whose vacancy is being filled has not yet undergone such training. Shop stewards who have previously undergone ICT training in terms of this clause will not be eligible for such training.

35.6 Each shop steward committee shall be provided with a schedule reflecting a list of names of bargaining unit employees who are members of the trade union on request and reasonable notice from the senior shop steward at the company. Where possible, the schedule will have a breakdown of permanent, contract and learnership employees.

35.7 Recognised shop stewards at all establishments shall be granted email and Internet facilities, where these facilities are available, to enable them to carry out their legitimate trade-union duties. Necessary prior permission for the use of such facilities shall be obtained from the management of each individual company.

H: GENERAL

36. THE LIMITATION ON THE RIGHT TO STRIKE OR LOCK OUT

36.1 No person may take part in a strike or lock out or any conduct in contemplation or furtherance of a strike or lock out in respect of any dispute about—

the interpretation or application, including enforcement, of this Agreement; or

the alteration of any of the provisions of this Agreement.

36.2 Notwithstanding the provisions of clause 36.1 of Part 2 of this Agreement, strikes and lock outs in respect of disputes about the alteration of provisions in the Wage Schedules in Annexure C of Part 2 of this Agreement are permitted after the operative days referred to in those Schedules.

37. EXEMPTIONS

As per the provisions of clause 37 of Part 1 of this Agreement.

38. ADMINISTRATION

As per the provisions of clause 38 of Part 1 of this Agreement.

39. DESIGNATED AGENTS

As per the provisions of clause 39 of Part 1 of this Agreement.

40. COUNCIL LEVIES

As per the provisions of clause 40 of Part 1 of this Agreement.

41. CLOSED SHOP

The provisions of clause 41 of Part 1 of this Agreement are not applicable in this subsector.

42. TRADE UNION AGENCY SHOP

As per the provisions of clause 42 of Part 1 of this Agreement.

43. EMPLOYER AGENCY SHOP

43.1 An employer agency shop is applicable in this subsector.

43.2 The applicable employer agency fee shall be equivalent to the membership fee of the relevant employers' organisation prevailing from time to time. The relevant employers organisation shall be as determined by the Council from time to time.

43.3 Accordingly, every employer who is not a member of the relevant employers' organisation, shall be bound by the agency shop.

43.4 Employers who are not members of the relevant employers' organisation must be informed of the agency shop fee and the amount that will be payable via the Bargaining Council.

44. FAILURE TO MAKE PAYMENTS TO THE COUNCIL

As per the provisions of clause 44 of Part 1 of this Agreement.

45. REGISTRATION OF EMPLOYERS AND EMPLOYEES

45.1 Every new employer entering the Industry must within one month from the start of business send the following particulars to the Secretary of the Council:

(a) The employer's name and address;

(b) the business name and address;

(c) the date of the start of the business;

(d) the subsector of operation within the Industry;

(e) a copy of any piece-work rates;

(f) whether approval or exemption is required in relation to a Sick Benefit Fund or any Provident Fund.

45.2 If the employer is a partnership or a company then the employer must also send information—

(a) disclosing the title under which the partnership or company operates; and

(b) the names and business addresses of any proprietors, partners, directors, human resource managers and company secretaries.

45.3 The Secretary of the Council must keep a register of—

(a) employers;

(b) partnerships; and

(c) companies.

46. EXHIBITION OF AGREEMENT

As per the provisions of clause 46 of Part 1 of this Agreement.

47. DISPUTES ABOUT INTERPRETATION OR APPLICATION OF AGREEMENT

As per the provisions of Annexure B of Part 1 of this Agreement.

46. EXISTING AGREEMENTS

As per the provisions of clause 48 of Part 1 of this Agreement.

49. OTHER CONDITIONS OF EMPLOYMENT

49.1 Industry Protection Fund; All employers shall pay an amount of 10c per bargaining unit employee per week to the union's Industry Protection Fund. This contribution shall be paid annually and directly to the union, in a lump sum, by no later than 31 January each year, calculated on the number of employees in employ as at 30 November the previous year.

49.2 Retailer information: The employers agree to assist the union with regard to information on retailers where the union requests such information and the company is in a position to assist with the request.

49.3 The parties further agree that the provisions of all previous agreements not explicitly amended by this Agreement, shall remain in full force and effect, until otherwise agreed by the parties bound by this Agreement in law. Nothing in this Agreement shall be interpreted to mean downward variation in any condition of employment.

50. FREQUENCY OF NEGOTIATIONS

50.1 Clause 50.1 of Part 1 of this Agreement is not applicable in this subsector.

50.2 Clause 50.2 of Part 1 of this Agreement is not applicable in this subsector.

50.3 Clause 50.3 of Part 1 of this Agreement is not applicable in this subsector.

50.4 Clause 50.4 of Part 1 of this Agreement is not applicable in this subsector.

50.5 Notwithstanding the provisions of clause 2 of Part 1 of this Agreement, this Agreement shall bind the parties and their members, and shall remain effective beyond its expiry date or until the parties agree otherwise. Notwithstanding this provision, the parties will still negotiate annually, and will be entitled to embark on protected industrial action should such negotiations deadlock, provided this is in accordance with the applicable procedures in the NTBC constitution. The parties record that they may agree in future to negotiate other than on an annual basis.

51. DEFINITIONS

The provisions of Annexure A of Part 1 of this Agreement shall apply, subject to the following additions:

"bargaining unit" means all employees {weekly and monthly paid) who fall within the sectoral scope of the Woven and Crochet subsector as defined by the NTBC Constitution and for whom wages are prescribed in Annexure C of Part 2 of this Agreement;

"experience" means the time workers spent in the grade;

"Gross annual earnings" means the amount of money earned by an employee in a year, including ordinary hours, overtime, Sunday times, long service, public holiday, sick and leave pay, but excluding production, productivity and annual bonus;

"night shift" means the continuous period of work between 08:00 and 06:00.

 

 

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