|
A. APPLICATION
1. SCOPE OF APPLICATION
1.1 As per the provisions of clauses 1.1 and 1.1.3 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 The minimum wages for the Carpet Section which an employer shall pay to employees shall be R16,57 per hour unless exemption is granted.
4.2 Every employer must pay each employee a wage that is not less than the minimum wage set out in clause 4.1 above.
4.3 As per the provisions of clause 4.3 of Part 1 of this Agreement.
5. CALCULATION OF WAGES
As per the provisions of clause 5 of Part of this Agreement.
6. SHIFT ALLOWANCE
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 on any day. The night shift allowance is calculated at 12 per cent of the basic hourly rate for a shift or part of a shift worked between 18:00 and 06:00.
7. LONG-SERVICE ALLOWANCE
As per the provisions of clause 7 of Part 1 of this Agreement.
8. ANNUAL BONUS
8.1 Unless an exemption has been granted, every employer must pay each employee an annual bonus in accordance with the following schedule:
0-6 months' service: No bonus.
6 months-12 months' service: Pro rata of 1 week's pay.
One year's service: One week's pay.
Two years' service: Two week's pay.
Three years' service: Three week's pay.
Four years' service: Four week's pay.
8.2 Temporary employees in the employ of the employer shall not be entitled on an annual bonus for any period of employment during the period of operation of this Agreement.
9. CHANGE IN OCCUPATION
If an employer requires or permits an employee to work for longer than an hour in an occupation or at a skill level in respect of which a higher wage is prescribed, the employer must pay that employee the difference between the employee's prescribed wage and the higher prescribed wage for all the ordinary hours of work in the higher grade or skill level.
10. TEMPORARY EMPLOYEES
10.1 An employer must pay a temporary employee a daily wage—
10.1.1 as per the provisions of clause 4.1 of Part 1 of this Annexure;
10.1.2 as per the provisions of clause 10.2 of Part 1 of this Agreement.
10.2 An employer may not employ a temporary employee for more than nine months. After nine (9) months' continuous employment such employees shall be made permanent employees and their conditions of employment shall be adjusted accordingly.
10.3 Any re-employment of temporary employees shall be by agreement between the parties at plant level.
10.4 Temporary employees will have first preference to permanent vacancies based on length of service and appropriate skills criteria.
11. DEDUCTIONS
As per the provisions of clause 11 of Part 1 of this Agreement.
12. PAYMENT OF REMUNERATION
As per the provisions of clause 12 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
14.1 As per the provisions of clause 14.1 of Part 1 of this Agreement;
14.1.1 As per the provisions of clause 14.1.1 of Part 1 of this Agreement.
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.
15. OVERTIME
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 Employees may agree to receive paid time off in lieu of overtime hours worked calculated on a daily basis.
16. MEAL AND OTHER INTERVALS
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 The provisions relating to rest breaks are not applicable to the Blanket Section.
16.9 As per the provisions of clause 16.9 of Part 1 of this Agreement.
16.9.1 As per the provisions of clause 16.9.1 of Part 1 of this Agreement.
16.9.2 As per the provisions of clause 16.9.2 of Part 1 of this Agreement.
17. PUBLIC HOLIDAYS
As per the provisions of clause 17 of Part 1 of this Agreement.
18. SUNDAYS
As per the provisions of clause 18 of Part 1 of this Agreement.
19. SHORT TIME
19.1 An employer may introduce short time by giving the union and affected employees four hours' prior notice of such short time owing to slackness of trade.
19.2 Where short time is being or has been introduced in any establishment, an employee who attends at the establishment, on any day shall, unless he/she has, prior to such day, received notice that his/her services will not be required on such day, be employed for at least half a day or be paid half a day's wages in lieu thereof.
19.3 Employees affected by short time shall be transferred, as far as practicable, to positions occupied by temporary employees and be paid the corresponding wage and grade of such temporary employee in any section or department concerned for the period during which such transfers are effective.
20. EXCEPTIONS
As per the provisions of clause 20 of Part 1 of this Agreement.
D: LEAVE
21. ANNUAL LEAVE
As per the provisions of clause 21 of Part 1 of this Agreement.
22. SICK LEAVE
As per the provisions of clause 22 of Part 1 of this Agreement.
23. MATERNITY LEAVE
As per the provisions of clause 23 of Part 1 of this Agreement.
24. FAMILY RESPONSIBILITY LEAVE
As per the provisions of clause 24 of Part 1 of this Agreement.
E: EMPLOYEE BENEFITS
25. RETIREMENT FUND
25.1 As per the provisions of clause 25.1 of Part 1 of this Ageement.
25.2 As per the provisions of clause 25.2 of Part 1 of this Ageement.
Temporary employees in the employ of the employer shall not be entitled to retirement fund membership for any period of employment during the period of operation of Part 1 of this Agreement.
26. BURSARY SCHEME
As per the provisions of clause 26 of Part 1 of this Agreement.
27. FUNERAL BENEFITS
Funeral Benefits shall form part of the employer contribution to the Textile Industry Provident Fund.
28. PERSONAL PROTECTIVE EQUIPMENT
As per the provisions of clause 28 of Part 1 of this Agreement.
29. SACTWU HIV/AIDS PROJECT
As per the provisions of clause 29 of Part 1 of this Agreement all employers in the Carpet Section shall recognise HIV/AIDS awareness training as a skills priority area within their Workplace Skills Plans and shall schedule two hours' paid time off per employee per annum for HIV/AIDS awareness programmes co-ordinated by an HIV/AIDS Steering Committee at each establishment in association with the trade union's HIV/AIDS project.
30. LEARNERSHiPS
The provisions of clause 30 of Part 1 of this Agreement are not applicable to the Carpet Section.
F: TERMINATION OF CONTRACT OF EMPLOYMENT
31. TERMINATION OF CONTRACT OF EMPLOYMENT
As per the provisions of clause 31 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
As per the provisions of clause 33 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
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 ten (10) days' paid time off for union activities and training. Such leave shall not be accumulative or transferable.
35.5 Shop stewards time off for Bargaining Council and CTFL SETA related meetings shall be paid for by the employer. This shall be limited to one shop steward per establishment, unless more is agreed to by the company.
35.6 Shop stewards at each workplace shall be granted three hours' paid time off for factory shop steward committee meetings each month.
35.7 All shop stewards of trade unions party to the Bargaining Council shall be granted access to a telephone, a fax machine and meeting facilities for shop steward meetings at the workplace. The parties shall meet at plant level to give appropriate effect to this.
35.8 Each shop stewards' committee shall at each establishment and by the 20th of each month, be provided on request with schedules reflecting the labour profile of all employees in the bargaining unit (broken down by permanent, learnerships and temporary workers), and the detail of all union and non-union members in the bargaining unit.
35.9 Ballot facilities shall be provided by the employer at each establishment for the union to conduct any ballot in terms of the Union Constitution and the Labour Relations Act, No. 66 of 1995.
H: GENERAL
36. THE LIMITATION ON THE RIGHT TO STRIKE OR LOCK OUT
As per the provisions of clause 36 of Part 1 of this Agreement.
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
Closed shop provisions are not applicable to the Blanket Section of the Textile Industry.
42. TRADE UNION AGENCY SHOP
42.1 As per the provisions of clause 42.1 of Part 1 of this Agreement.
42.2 As per the provisions of clause 42.2 of Part 1 of this Agreement.
42.3 As per the provisions of clause 42.3 of Part 1 of this Agreement.
42.3.1 The agency fee payable by these employees will be equivalent to one per cent of the employees' basic weekly wage.
42.4 As per the provisions of clause 42.4 of Part 1 of this Agreement.
42.5 As per the provisions of clause 42.5 of Part 1 of this Agreement.
42.6 As per the provisions of clause 42.6 of Part 1 of this Agreement.
42.7 As per the provisions of clause 42.7 of Part 1 of this Agreement.
42.8 As per the provisions of clause 42.8 of Part 1 of this Agreement.
43. EMPLOYER AGENCY SHOP
43.1 An employer agency fee shall apply to all employers who, although eligible to be members of the-employers' organisation, are not members of the employers' organisation.
43.2 Employers who are not members of the employers' organisation must be informed of the employer agency shop and the amount that will be payable via the Bargaining Council.
43.3 The employers affected by clauses 43.1 and 43.2 shall pay an agency fee of RI.OO per week per employee in the bargaining unit.
43.4 The agency fee shall be paid annually in advance in January each year to the Bargaining Council.
43.5 Moneys paid to the Bargaining Council in terms of clauses 43.3 and 43.4 shall be paid over to the employers' organisation within 30 days of receipt.
43.6 No agency fee paid may be—
43.6.1 paid to a political party as an application fee;
43.6.2 contributed in cash or kind to a political party or a person for election to any political office; or
43.6.3 used for any expenditure that does not advance or protect the socio-economic interests of employees.
43.7 No employer will be compelled to become a member of the employers' organisation by virtue of this employer agency shop.
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
As per the provisions of clause 45 of Part 1 of this Agreement.
46. EXHIBITION OF AGREEMENT
As per the provisions of Annexure B of Part 1 of this Agreement.
47. DISPUTES
As per the provisions of clause 47 of Part 1 of this Agreement.
48. EXISTING AGREEMENTS
As per the provisions of clause 48 of Part 1 of this Agreement.
49. OTHER CONDITIONS OF EMPLOYMENT
All other terms and conditions shall be as prescribed in employment law.
The employment of labour through labour brokers is not allowed in the Carpet Subsector.
50. FREQUENCY OF NEGOTIATIONS AND INDUSTRIAL ACTION
50.1 As per the provisions of clause 50.1 of Part 1 of this Agreement.
50.2 As per the provisions of clause 50.2 of Part 1 of this Agreement.
50.3 As per the provisions of clause 50.3 of Part 1 of this Agreement.
51. DEFINITIONS
As per the provisions of Annexure A of Part 1 of this Agreement.
|
