* PAT = Paterson; TSK = Task; PER = Peromnes
4.8 Each company shall set up a Job Grading Committee to hear and decide disputes and/or appeals relating to the evaluation of jobs. The decisions of this Job Grading Committee shall be by simple majority, based on a secret vote, and shall be final and binding. The Job Grading Committee shall consist of an equal number of employer and employee representatives. Should the Grading Committee not be able to reach a decision, either party shall have the right to further utilise applicable procedures in terms of the provisions of applicable law.
5. CALCULATION OF WAGES
As per the provisions of clause 5 of Part 1 of this Agreement.
6. SHIFT ALLOWANCE
6.1 An employer shall pay a minimum night-shift allowance of 5% of the basic hourly rate of pay for work performed between 08:00 and 06:00.
6.2 Where an employer currently pays a more favourable shift allowance, that employer shall be allowed to adjust such allowance to ensure that, on aggregate, it is no less favourable than any shift allowance and/or shift premium currently being paid.
7. LONG-SERVICE ALLOWANCE
No long service allowance is payable in this subsector.
8. ANNUAL BONUS
8.1 With effect from 1 August 2004, an employee who has worked continuously for an employer for a full calendar year as at 31 December of that year must, at the end of the calendar year, receive a minimum annual bonus equivalent to four (4) weeks' actual basic wages, calculated at such employee's basic weekly wage rate, or the existing annual bonus, whichever is the greater.
8.2 With effect from 1 August 2004, an employee who has less than one calendar year of service as at 31 December of that year shall receive an annual bonus pro rated to the actual completed months of service, calculated at such employee's basic weekly wage rate.
8.3 The annual bonus is to be paid no later than the end of December of the relevant year.
8.4 An employee whose employment is terminated before 31 December is not entitled to any annual bonus.
8.5 Temporary employees in the employ of a company as at 31 December each year shall be entitled to a pro rata annual bonus for all periods of employment during that year.
9. CHANGE IN OCCUPATION
As per the provisions of clause 9 of Part 1 of this Agreement.
10. TEMPORARY EMPLOYEES
10. As per the provisions of clause 10.1 of Part 1 of this Agreement.
10.2 As per the provisions of clause 10.2 of Part 1 of this Agreement.
10.3 After six months of employment, temporary employees shall be deemed to be permanent employees and their employment terms and conditions shall be adjusted accordingly. Any variation of this arrangement shall be by agreement between the parties at plant level.
10.4 At no stage shall the total number of temporary employees exceed 10% of the total number of permanent employees at any company, unless othen/vise agreed between the parties at plant level.
10.5 Temporary employees in the employ of a company as at December each year shall be entitled to a pro rata annual bonus for all periods of employment during that year.
10.6 All temporary employees shall be covered by the closed shop agreement.
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
No insurance of remuneration applies in this subsector.
C. HOURS OF WORK
14. ORDINARY HOURS OF WORK
As per the provisions of clause 14 of Part 1 of this Agreement.
15. OVERTIME
As per the provisions of clause 15 of Part 1 of this Agreement.
16. MEAL AND OTHER INTERVALS
As per the provisions of clause 16 of Part 1 of this Agreement.
17. PUBLIC HOLIDAYS
17.1 As per the provision of clause 17.1 of Part 1 of this Agreement.
17.2 The public holidays are as per the provisions of the Public Holidays Act, 1994 (Act 36 of 1994).
17.3 As per the provisions of clause 17.3 of Part 1 of this Agreement.
17.4 If a public holiday falls on a Sunday, the following Monday shall be a public holiday, as per the Public Holidays Act, 1994.
17.5 As per the provisions of clause 17.5 of Part 1 of this Agreement.
17.6 As per the provisions of clause 17.6 of Part 1 of this Agreement.
17.7 As per the provisions of clause 17.7 of Part 1 of this Agreement.
18. SUNDAYS
As per the provisions of clause 18 of Part 1 of this Agreement.
19. SHORT TIME
There are no prescribed provisions relating to short time in this subsector. Accordingly, the relevant employment law provisions shall prevail or short time provisions shall be dealt with in terms of custom and practice applicable at each establishment.
20. EXCEPTIONS
As per the provisions of clause 20 of Part 1 of this Agreement.
D. LEAVE
21. ANNUAL LEAVE
21.1 As per the provisions of clause 21.1 of Part 1 of this Agreement.
21.2 An employer must grant an employee at least—
21.2.1 15 working days' paid annual leave in respect of each annual leave cycle; or
21.2.2 by agreement, one day of annual leave on full remuneration for every 17 days on which the employee worked or was entitled to be paid; or
21.2.3 by agreement, one hour of annual leave on full remuneration for every 17 hours on which the employee worked or was entitled to be paid.
21.3 to 21.11 As per the provisions of clause 21.3 to 21.11 of Part 1 of this Agreement.
21.12 Leave pay must be calculated on the ordinary daily hours of work per day at the basic daily wage rate of the employee.
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
24.1 An employer must grant an employee, during each annual leave cycle, at the request of the employee, three days' paid family responsibility leave, subject to—
24.1.1 notification of the birth of the employee's child or that the child is sick; and
24.1.1.1 submission satisfactory of proof of birth in the form of a birth certificate; or of the child's sickness; and
24.1.1.2 such leave for birth being taken at or around the time of the birth of the child, and in any event within one month of the birth;
24.1.1.3 the child being born to a wife or common-law wife.
24.1.2 As per the provisions of clause 24.1.2 of Part 1 of this Agreement.
24.2 As per the provisions of clause 24.2 of Part 1 of this Agreement.
24.3 As per the provisions of clause 24.3 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 Every employer and every employee shall contribute a minimum amount equivalent to 5,5% of the employee's basic weekly wage to a registered retirement fund.
26. BURSARY SCHEME
As per the provisions of clause 26 of Part 1 of this Agreement.
27. FUNERAL BENEFITS
The provision of funeral benefits is not applicable to this subsector.
28. PERSONAL PROTECTIVE EQUIPMENT
As per the provisions of clause 28 of Part 1 of this Agreement.
29. SACTWU HIV/AIDS PROJECT
For the purpose of providing for a fund to provide HIV/AIDS education and awareness in the workplace, each employer shall contribute 30c (thirty cents) per week per employee. Such contribution shall be made directly to the SACTWU Finance Department, on an annual basis, by no later than 31 January each year. The amount to be paid shall be calculated according to the number of employees in employment as at 30 November of the previous year.
30. LEARNERSHIPS
30.1 The total number of registered section 18.2 (Skills Development Act, 1998) learners shall at no time be more than 10% of the total number of permanent employees.
30.2 All learnership agreements shall contain a clause offering permanent employment on the completion of a learnership for learners referred to in clause 30.1, subject to available appropriate vacancies and provided that retrenchees shall be granted first preference.
30.3 No learnership agreement shall contain a provision requiring compulsory overtime work (unless such overtime forms part of an agreed shift pattern), compulsory work during protected industrial action, and/or deductions from any statutory or retirement funds.
30.4 No permanent worker shall be retrenched and replaced by a learner.
30.5 All employers shall comply with SETA policy relating to learnerships, unless such policy is amended by a collective agreement.
30.6 The ratio of time spent on theoretical versus practical training, for each learner, shall be a ratio determined in accordance with SETA policy and guidelines.
30.7 Employers shall provide a quarterly report to the Shop Stewards' Committee at each company, setting out progress on the learnership programmes operative at each company.
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, subject to clause 35.7 below.
35. SHOP STEWARDS' RIGHTS AND FACILITIES
35.1 Each shop steward in an establishment covered by this Annexure shall be entitled to 10 days' paid leave for union activities per annum. Such leave shall not be accumulative or transferable.
35.2 In addition, each shop steward is entitled to a once-off five days' paid time off for information technology training, effective from 1 July 2000.
35.3 In addition, each shop steward is entitled to a once-off two days' paid time off for HIV/AIDS awareness training, effective from 1 July 2000.
35.4 In addition, effective from 1 July 2000, one shop steward per plant shall be allocated a further once-off five days' paid training, if required by the trade union, for HIV/AIDS counsellor training.
35.5 All shop stewards of trade unions party to the Bargaining Council shall be granted access to a telephone, a fax machine, meeting facilities for Shop Steward Committee fvleetings, and a trade union office at the workplace. The parties shall meet at plant level to give appropriate effect to this.
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 Shop stewards' time off for Bargaining Council and SETA related meetings shall be paid for by the employer. This shall be limited to one shop steward per company, unless more is agreed by the company.
35.8 Each Shop Steward's Committee shall, at each company and by the 20th of each month, be provided with schedules reflecting the following details on request from the Senior Shop Steward:
35.8.1 All employees in the bargaining unit (broken down by permanent workers, learnerships, and/or temporary workers);
35.8.2 all non-union members.
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
41.1 The closed shop shall be applicable to all bargaining unit employees at each company where a closed shop ballot has been conducted and two-thirds of those employees who have voted in the ballot have voted in favour of the closed shop.
41.2 to 41.7 As per the provisions of clause 41.2 to 41.7 of Part 1 of this Agreement.
42. TRADE UNION AGENCY SHOP
As per the provisions of clause 42 of Part 1 of this Agreement.
43. EMPLOYER AGENCY SHOP
Employer agency shop provisions are not applicable to this subsector.
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 clause 46 of Part 1 of this Agreement.
47. DISPUTES
As per the provisions of Annexure B of Part 1 of this Agreement.
48. EXISTING AGREEMENTS
48.1 to 48.3. As per the provisions of clause 48.1 to 48.3 of Part 1 of this Agreement.
48.4 The parties have agreed that the mix of conditions may be amended by mutual agreement between them at plant level, provided that the individual components of the overall package are not less favourable than the Council minimum conditions and that the overall package is not reduced.
49. OTHER CONDITIONS OF EMPLOYMENT
As per the provisions of clause 49 of Part 1 of this Agreement.
50. FREQUENCY OF NEGOTIATIONS AND INDUSTRIAL ACTION
As per the provisions of clause 50 of this Agreement.
51. DEFINITIONS
As per the provisions of Annexure A of Part 1 of this Agreement.
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