*PAT = Paterson; TSK = Task; HAY = Hay; PER = Peromnes
Procedures to resolve grading grievances will be agreed upon at plant level.
5. CALCULATION OF WAGES
As per the provisions of clause 5 of Part 1 of this Agreement.
6. NIGHT SHIFT ALLOWANCE
6.1 An employer shall pay a minimum night-shift allowance of 5% of the basic hourly rate to each employee for work performed between 18:00 and 06:00, subject to the provisions set out in clause 6.2 and 6.3 below.
Where an employer currently pays a more favourable allowance than the night-shift allowance provided for in this Agreement, that the employer shall be permitted to adjust such night-shift allowance so as to ensure that on aggregate it is no less favourable than the current night-shift allowance and/or premium currently being paid by that employer.
The provisions of clause 6.2 are subject to the condition that there shall be no variation from the current payment practices without prior agreement with the trade union.
7. LONG-SERVICE ALLOWANCE
There is no long-service allowance applicable in the Home Textiles Section.
8. ANNUAL BONUS
Each employer shall pay each employee an annual bonus equal to 4 (four) weeks' wages, calculated on the actual basic hourly rate. The annual bonus shall be payable in December each year.
9. CHANGE IN OCCUPATION
The provisions of clause 9 of Part 1 of this Agreement are not applicable to the Home Textiles Section.
10. TEMPORARY EMPLOYEES
10.1 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, temporary employees shall be deemed to be permanent employees and their employment terms and conditions shall be adjusted accordingly. Any extension on this arrangement shall be by agreement between the parties at plant level.
11. DEDUCTIONS
The provisions of the Basic Conditions of Employment Act No. 75 of 1997, are applicable to all deductions.
12 PAYMENT OF REMUNERATION
The provisions of the Basic Conditions of Employment Act, No. 75 of 1997, are applicable to the payment of remuneration.
13. INSURANCE OF REMUNERATION
The provisions relating to insurance of remuneration set out in clause 13 of Part 1 of this Agreement are not applicable in the Home Textiles Section.
C: HOURS OF WORK
14. ORDINARY HOURS OF WORK
fvlaximum ordinary hours of work in any week shall be 45 hours per week, exclusive of meal breaks.
15. OVERTIME
The overtime provisions of the Basic Conditions of Employment Act, No. 75 of 1997, are applicable to the Home Textiles Section.
16. MEAL AND OTHER INTERVALS
The meal break and other intervals laid down by the provisions of the Basic Conditions of Employment Act, No. 75 of 1997, are applicable to the Home Textiles Section.
17. PUBLIC HOLIDAYS
17.1 Public holidays will be as per the Public Holidays Act, 1994;
17.2 The union records that it is not opposed to the consolidation and/or swapping of public holidays. However, these arrangements shall be negotiated at plant level for each company.
18. SUNDAYS
Payment for Sunday work will be as per the provisions of the Basic Conditions of Employment Act No. 75 of 1977.
19. SHORT TIME
The various current practices which exist at plant level will continue to be implemented.
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 Annual leave shall be 15 working days' leave per annum.
21.3 Other provisions in respect of annual leave will be as per the provisions of the Basic Conditions of Employment Act, No. 75 of 1997.
22. SICK LEAVE
22.1 Sick leave will be paid as per the provisions of the Basic Conditions of Employment Act, No. 75 of 1997.
23. MATERNITY LEAVE
23.1 fraternity leave provisions will be as per the provisions of the Basic Conditions of Employment Act, No. 75 of 1997.
23.2 Payment for maternity leave shall be as follows: Employers must pay employees 33% of their basic rate of pay for a period of 3 (three) months. The balance of the period on maternity leave shall be unpaid.
24. FAMILY RESPONSIBILITY LEAVE
An employer must grant an employee family responsibility leave as per the provisions of the Basic Conditions of Employment Act, No. 75 of 1997.
E: EMPLOYEE BENEFITS
25. RETIREMENT FUND
25.1 As per clause 25.1 of Part 1 of this Agreement.
25.2 Contributions by the employer to a retirement fund must be a minimum of 6,5% of the basic rate of pay and contributions by the employee to such a retirement fund must be a minimum of 5,5% of the basic rate of pay.
25.3 Where the employer contribution to a retirement fund for an employee is in excess of 7,5% of the applicable rate of pay as at 1 July 2005, the current rand amount applicable as at 30 June 2005 will continue to be paid.
26. BURSARY SCHEME
Clause 26 of Part 1 of this Agreement is not applicable to the Home Textiles Section, except at those companies where it was previously agreed to at plant level.
27. FUNERAL BENEFITS
Clause 27 of Part 1 of this Agreement is not applicable to the Home Textiles Section.
28. PERSONAL PROTECTIVE EQUIPMENT
The provisions relating to personal protective equipment detailed in the Occupational Health and Safety Act, 1993, shall apply.
29. SACTWU HIV/AIDS PROJECT
Each employer shall contribute 10c per week per employee towards the SACTWU HIV/AIDS Project. This contribution shall be paid over directly to the SACTWU Finance Department (Head Office Account), at the end of December and the end of June of each year.
30. LEARNERSHIPS
Clause 30 of Part 1 of this Agreement is not applicable to the Home Textiles Section.
F: TERMINATION OF CONTRACT OF EMPLOYMENT
31. TERMINATION OF CONTRACT OF EMPLOYMENT
Termination of employment regulations and procedures will be as per the provisions of the Basic Conditions of Employment Act, No. 75 of 1997.
32. CERTIFICATE OF SERVICE
A certificate of service must be issued to employees as per the provisions of the Basic Conditions of Employment Act, No. 75 of 1997.
G: ORGANISATIONAL RIGHTS
33. COLLECTION OF MEMBERSHIP FEES FOR TRADE UNION
The provisions of the Labour Relations Act, No. 66 of 1995, shall apply to the collection of trade union subscription fees.
34. TRADE UNION REPRESENTATION ON THE COUNCIL
34.1 As per clause 34 of Part 1 of this Agreement, subject to clause 34.2 below.
34.2 The parties agree to discuss, clarify and agree on the reference to "reasonable" referred to in clause 34 of Part 1 of this Agreement. This will include notice for time off, the number of days per annum, the payment for time off and other relevant provisions.
35. SHOP STEWARDS' RIGHTS AND FACILITIES
Each shop steward will be entitled to nine days' paid time off for union activities, for the period of this Agreement. Such leave is to increase by one day per annum, until a maximum of 10 days' paid leave per shop steward is attained. Such leave shall not be accumulative nor transferable. Other shop steward's rights and facilities shall be no less favourable than those stipulated in employment law.
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 ihe provisions of clause 40 of Part 1 of this Agreement.
41. CLOSED SHOP
As per the provisions of clause 41 of Part 1 of this Agreement.
42. TRADE UNION AGENCY SHOP
As per the provisions of clauses 42.1 to 42.8 of Part 1 of this Agreement.
43. EMPLOYER AGENCY SHOP
An employer agency shop fee is not applicable in the Home Textiles Section.
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 clause 47 of Part 1 of this Agreement.
48. EXISTING AGREEMENTS
48.1 As per clause 48.1 of Part 1 of this Agreement.
48.2 All conditions applicable will, where they are more favourable than those concluded in this Agreement, remain in full force and effect with the exception of clauses 4.2 and 25.3 of this Annexure, which shall take effect as per the terms of this Agreement. The parties have agreed that the mix of conditions may be amended by agreement between the parties at plant level and be ratified by the National Textile Bargaining Council (NTBC).
48.3 As per provisions of clause 48.3 of Part 1 of this Agreement.
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
50.1 This Agreement shall remain in force until 31 December 2008, save that the parties to the Council shall annually negotiate amendments to this Agreement, unless otherwise agreed: Provided that no such amendments shall take effect before 1 July 2007.
50.2 Subject to the proviso in clause 50.1, either party to the Council shall have the right to pursue protected industrial action, in the event of agreement not being reached after utilizing applicable procedures, on any issue In negotiations between the parties on wages and other substantive issues.
50.3 Reference to negotiations in clause 50.2 above shall mean negotiations as contemplated in clause 50.1 above.
50.4 Section 65 (3) of the Labour Relations Act shall not render industrial action contemplated in clause 50.1 and 50.2 above to be unprocedural. On the contrary, it shall be deemed procedural, providing the other relevant provisions of the Labour Relations Act are complied with.
50.5 The provisions of this clause shall also be applicable to non-parties.
50.6 No industrial action shall be permitted on issues covered in any Council agreement during the effective period of such agreement, subject to the provisions of this clause.
51. DEFINITIONS
As per the provisions of Annexure A of Part 1 of this Agreement.
52. DISPUTES
As per the provisions of Annexure B of Part 1 of this Agreement.
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