4.3 As per the provisions of clause 4.3 of Part 1 of this Agreement.
4.4 The grading system implemented in this subsector is the Paterson Decision Band Methodology.
5. CALCULATION OF WAGES
As per the provisions of clause 5 of Part 1 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. 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 ALLOWANCE
7.1 Every employer must pay each employee a long-service award in addition to the prescribed weekly wage.
7.2 The long-service award is—
(a) 50c for each completed year of continuous service;
(b) payable from 1 July each year.
a. ANNUAL BONUS
8.1 Every employer must pay an annual bonus calculated in terms of clause 8.2 below, to each employee 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. The annual bonus is calculated at 14 days' basic wage rates.
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
As per the provisions of clause 9 of Part 1 of this Agreement.
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
12.1 As per the provisions of clause 12 of Part 1 of this Agreement, subject to the following amendment:
12.1.1 Payment must be made in respect of weekly-paid employees within eight days of the week worked.
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
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
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 reduce the number of ordinary hours in a day or a week on four hours' notice to the employees.
19.2 If the employer fails to give four hours' notice, it must pay the employee in lieu of the required notice.
19.3 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
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 Ail employees and all employers shall become members of the Textile Industry Provident Fund (hereinafter referred to as the "Fund"), originally established in terms of Government Notice No. R. 1837 of 4 November 1994.
25.2 Every employee must contribute at least 6,5% of the employee's basic wage and every employer must contribute 10% of each employee's basic weekly wage.
25.3 An employer and his/her employees may be exempted from the joining the Fund if—
(a) they belong to a different registered pension or provident fund; and
(b) the provisions and benefits of that fund are on the whole not less favourable then the provisions and benefits of the Fund.
26. BURSARY SCHEME
As per the provisions of clause 26 of Part 1 of this Agreement.
27. FUNERAL BENEFITS
Funeral benefits shall be at least as provided for by 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
Employers shall pay 10c per week per employee towards the SACTWU HIV/Aids project. The moneys shall be paid directly to SACTWU head office in a lump sum, by no later than 31 August each year. Employers shall grant employees time off to attend HIV/Aids awareness programmes, provided this does not interfere with the production processes, and the time is agreed prior to these programmes being run.
30. LEARNERSHIPS
There are no provisions for learnerships in the Non-Woven Textiles Subsector. 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
Every employer must give employees who are representatives or who participate in the Council every reasonable facility to attend to their duties arising from their work on the Council.
35. SHOP STEWARDS' RIGHTS AND FACILITIES
35.1 Each shop steward in an establishment covered by the scope of this Agreement shall be entitled to 10 (ten) days' paid leave per annum.
35.2 Shop stewards at each workplace shall be granted two hours' paid time off for factory shop steward committee meetings each month.
35.3 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.
35.4 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 employees, learnerships and temporary workers), and the details of all union and non-union members in the bargaining unit.
35.5 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
It is agreed that all new Bargaining Unit employees shall become members of SACTWU no later than seven days after the commencement of employment and that no employer shall continue to employ such employee unless the employee has become a member of SACTWU within seven days after the date of commencement of employment. Current employees who are already members of the trade union at the time that a closed-shop ballot is conducted shall remain members of the trade union as long as the closed shop remains effective. Similarly, current employees who were not members of the trade union at the time the closed shop became effective, shall not be required to join SACTWU at any stage.
42. TRADE UNION AGENCY SHOP
As per the provisions of clause 42 of Part 1 of this Agreement. 43 EMPLOYER AGENCY SHOP
As per the provisions of clause 43 of Part 1 of this Agreement.
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
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.
50. FREQUENCY OF NEGOTIATIONS AND INDUSTRIAL ACTION As per the provisions of clause 50 of Part 1 of this Agreement.
51. DEFINITIONS
As per Annexure A of Part 1 of this Agreement. Signed in Cape Town on this 8th day of November 2006, for and on behalf of the following employers' organisations:
1. South African Cotton Textile Processing Employers' Association (SACTPEA);
2. South African Carpet Manufacturing Employers' Association (SACMEA);
3. National Manufactured Fibres Employers'Association (NMFEA);
4. National Worsted Manufacturers Employers'Association (NWMEA);
5. Narrow Fabric Manufacturers Association (NFMA);
6. South African Wool and Mohair Processors Employers' Organisation (SAWAMPEO);
7. National Textile Manufacturers' Association (NTMA);
8. South African Home Textiles Manufacturers Employers' Organisation (HOMETEX); and
9. South African Blankets Manufacturers Employers' Organisation (SABMEO).
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