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1: Contract Cleaning SECTORAL DETERMINATION 1: CONTRACT CLEANING promulgated under Government Notice R622 in Government Gazette 20064
of as amended by Government Notice R467 in Government Gazette 22331 of 25 May 2001 Government Notice R1196 in Government Gazette 22836
of BASIC
CONDITIONS OF EMPLOYMENT ACT 75 OF 1997 I, Membathisi Mphumzi Shepherd Mdladlana, Minister of Labour, in terms of section 51 (1) of the Basic Conditions of Employment Act, 1997, make a sectoral determination establishing conditions of employment for employees in the Contract Cleaning Sector, South Africa in the schedule hereto and determine the second Monday after the date of publication of this notice as the date from which the provisions of the said Sectoral Determination shall become binding. M M Minister of Labour SCHEDULE 1. AREA AND SCOPE OF APPLICATION (1) This
determination shall apply in the (a) a manager; (b) administrative personnel; (c) any employer or employee who is subject to a bargaining
council agreement in terms the Labour Relations Act, 1995; or (d) employees who work less than 24 hours a month for an
employer. (2) For the purposes of determining the wage rate applicable to an employee, the area where the employee performed that work shall be the area contemplated in clause 3 irrespective of whether or not the employer has an establishment in that area. 2. DEFINITIONS Unless the context indicates otherwise, any expression used in this determination and which is defined in the Basic Conditions of Employment Act, 1997, has the same meaning as in that Act, further, unless inconsistent with the context- "Act" means the Pension Funds Act, 1956, as amended, and the regulations made in terms of that Act; [Definition of "Act" inserted by GN R1196 of "Actuary" means the Actuary appointed in terms of the Rules of the Fund; [Definition of "Actuary" inserted by GN R1196 of "administrative personnel" means employees who are charged by the employer with the performance of work entailing responsibility for taking decisions of an administrative nature in the conduct of any activity; "administrators" means NBC Negotiated Benefits Consultants (Pty) Ltd and such other administrator of the Fund's investments or the disposition of its benefits as may be appointed by the Board from time to time in accordance with the Act and the Rules; [Definition of "administrators" inserted by GN
R1196 of "annual leave cycle"means the period of 12 months employment with the same employer; "agreement"includes a collective agreement; "Board" means the Fund's board of trustees appointed or elected in accordance with its Rules and the Act; [Defintion of "Board" inserted by GN R1196 of "CCMA" means the Commission for Conciliation, Mediation and Arbitration established in terms of section 112 of the Labour Relations Act, 1995; "cleaner" means a person where a significant portion of the work to be performed requires that person so employed to clean office, school, business, factory, residential or any other premises, or any airplanes, trucks, cars, buses, trains or any other vehicle requiring to be so cleaned on a contractual basis and/or to clean the furniture and any other object(s) in such premises and vehicles, and/or to perform any work incidental thereto; [Definition of "cleaner" substituted by GN R467 of 2001.] "contract cleaning sector" means the sector in which employers and employees are associated on a fixed-term or fixed project contract for the purpose of cleaning or washing by hand or machine, of furniture, windows, carpets, doors, floors, tools, machinery, under supervision at the premises of a client, including but not limited to state, industrial, commercial, business premises, residential premises, buildings, and the flats that are let commercially or any air-planes, trucks, cars, buses, trains or any other vehicle requiring to be so cleaned; [Definition of "contract cleaning sector" substituted by GN R467 of 2001.] "contribution" means the amount payable monthly to the Fund by each Employer in the Contract Cleaning Sector in respect of each of his/her employees whose conditions of employment are governed by Sectoral Determination 1: Contract Cleaning Sector; [Definition of "contribution" inserted by GN
R1196 of "day" means a period of 24 hours measured from the time when the employee normally commences work; "Eligible Employee" means any person (other than an independent contractor, Temporary Employee or an employee who is employed on a casual basis) who- (a) is employed by the Employer and works for more than 24
hours per month in the Contract Cleaning Sector and is defined as an employee
as per the Sectoral Determination applicable to the Contract Cleaning Sector;
and (b) receives or is entitled to receive any remuneration; and (c) has not reached the Normal Retirement Age as defined in
the Rules, and (d) is not a member of a fund providing retirement benefits
which was set up in terms of an agreement under the Labour Relations Act,
1956 or in terms of a collective agreement concluded in council in terms of
the Labour Relations Act (Act 66 of 1995); [Definition of "Eligible Employee" inserted by GN
R1196 of "emergency work" means work which is required to be done without delay owing to circumstances for which the employer could not reasonably have been expected to make provision and which cannot be performed by employees during their ordinary hours of work; "employee" means any person excluding an independent contractor, who works for another person for more than 24 hours per month in the Contract Cleaning Sector and who receives, or is entitled to receive, any remuneration; "Employer" means any person who employs or provides work for- (a) any person in the Contract Cleaning Sector and
remunerates him/her or who permits any person in any manner to assist him/her
in the carrying on or conducting of his/her business; and employ and
employment shall have corresponding meaning; and (b) any person in another sector performing functions or
services similar to those performed in the Contract Cleaning Sector as
defined in the Sectoral Determination applicable to the Contract Cleaning
Sector; [Definition of "Employer" inserted by GN R1196 of
"establishment" means any premises or part thereof, on or in connection with which one or more employees are employed in the Contract Cleaning Sector; "Fund" means THE CONTRACT CLEANING NATIONAL PROVIDENT FUND; [Definition of "Fund" inserted by GN R1196 of "Fund Salary" means the Member's basic annual salary or wages, adjusted on a basis agreed to from time to time between the Employer and the Member; provided that for the purposes of the Fund, Fund Salary shall be determined on the first day of each month of membership of the Fund; [Definition of "Fund Salary" inserted by GN R1196
of "hourly-rated employee"means an employee whose wage is calculated on an hourly basis notwithstanding the frequency of the payment thereof; "incapacity" means inability to work owing to any sickness or injury other than sickness or injury caused by an employee's own misconduct: Provided that any such inability to work, caused by an accident or scheduled disease for which compensation is payable under the Compensation for Occupational Injuries and Diseases Act, 1993, shall only be regarded as incapacity during any period in respect of which no disablement payment is payable in terms of that Act; "law"includes the common law; "manager" means an employee who is charged by his/her employer with the overall supervision over, responsibility for, and direction of the activities of and establishment and the employees engaged therein; "medical practitioner" means- (a) a person entitled to practice as a medical practitioner
in terms of section 17 of the Medical, Dental and Supplementary Health
Service Professions Act, 1974 (Act 50[i]* of 1974); or (b) a traditional healer; "Member" means an Eligible Employee who, having been admitted to membership of the Fund in accordance with the Rules, has not ceased to be a Member in terms of the Rules; [Definition of "Member" inserted by GN R1196 of "midwife" means a person registered or enrolled to practice as a midwife in terms of section 16 of the Nursing Act, 1978 (Act 50 of 1978); "Month" means a calendar month; "night
work" means work performed after "ordinary hours of work"means the hours of work prescribed in clause 8 but if by agreement between an employer and the employee the latter works a lesser number of ordinary hours, it means such shorter hours; "overtime" means the time that an employee works during a day or a week in excess of ordinary hours of work; "paid public holiday"means all public holidays declared as such in terms of the Public Holidays Act, 1994; "previous fund" shall mean any fund in which an Employer participated prior to becoming an Employer in the Fund and from which money was transferred in terms of Section 14 (l) of the Act; [Definition of "previous fund" inserted by GN
R1196 of "remuneration" means any payment in money or in kind, or both in money and in kind, made or owing to any person in return for that person working for any other person, including the State, and "remunerate" has a corresponding meaning; "Rules" means the Rules of the Fund and such alterations as may at any time be applicable; [Definition of "Rules" inserted by GN R1196 of "shift worker" means an employee who is engaged in shift work in a workplace in which two or three consecutive shifts per day are worked on not more than six day per week; "short time" means a temporary reduction in the number of ordinary hours of work owing to slackness of trade, shortage of raw materials, vagaries of the weather, a breakdown of plant or machinery or buildings that are unfit for use or is in danger of becoming unfit for use; "Temporary Employee" means- (a) an employee who has been contracted to fill the position
of an employee on sick leave, maternity or annual leave; or (b) an employee who has been contracted to work on a specific
site where the contract with the Employer's client is for a period of not
more than one month; [Definition of "Temporary Employee" inserted by
GN R1196 of "the Act" means the Basic Conditions of Employment Act,1997; "Trade" means an industry or a service or a part of an industry or a service; "wage" means that amount of money payable to an employee in terms of clause 3 read with clause 11 in respect of his/her ordinary hours of work: Provided that if an employer regularly pays an employee in respect of such ordinary hours of work an amount higher than that prescribed in clause 3, it means such higher amount, and "weekly wage" has a corresponding meaning; "weekly wage"see "wage"; "week"in relation to an employee, means the period of seven days within which the working week of that employee ordinarily falls; "work place" means any place where employees work. 3. REMUNERATION (1) An employer shall pay an employee in respect of each hour or part thereof (excluding overtime) worked by the employee on any day other than a paid holiday or a Sunday, not less than the hourly wage prescribed in the schedule below, commencing on 1 June 2001: Provided that in the case of an employer who was previously excluded from the scope of Area A, such wages may be reduced by not more than 10% during the period ending 31 May 2002: MINIMUM WAGE RATES FOR EMPLOYEES
IN THE CONTRACT CLEANING SECTOR
[Sub-s. (1) substituted by GN R1135 of 2002.] (2) An annual bonus will be paid during the month of December each year. This bonus will be calculated as follows- (a) An employee shall receive an amount equivalent to the
employee weekly wage as at 1 June each 1 year; (b) In the year 2001 the bonus should be pro-rated from the
date of promulgation to 31 December, calculated on the number of full
calendar months service divided by 12 and multiplied by the employees' weekly
wage as at 1 June; (c) Should an employee be employed after the 1st December in
any year, the bonus will be pro-rata calculated on the number of full
calendar months service divided by 12 and multiplied by his or her weekly
wage as at 31 December; and (d) Should an employee resign or be dismissed for misconduct,
no bonus pro-rata or otherwise would be payable. [Clause 3 substituted by GN R467 of 2001.] 4. CALCULATION OF REMUNERATION AND WAGES (1) The wage of an employee shall be calculated as set
out hereunder: (a) The daily wage of an employee shall be the employee's
hourly wage multiplied by the number of ordinary hours worked for that day by
such employee, provided that if an employee worked for less than four hours
per day, such an employee shall be deemed to have worked four hours on that
day and an employee shall be paid accordingly. [ (b) The weekly wage of an employee shall be the hourly wage
multiplied by the number of ordinary hours work prescribed for such employee
in any week as stipulated in Clause 8 and an employee shall be paid
accordingly. (c) The monthly wage of an employee shall be the weekly wage
multiplied by four and one-third. 5. PAYMENT OF REMUNERATION (1) For employees, save as provided in clauses 10 (1) and 15 (1), an employer must pay to an employee any remuneration that is paid in money- (a) daily, weekly, fortnightly or monthly; and (b) in cash, by cheque or by direct deposit in an account
designated by the employee. (2) Any remuneration paid by cash or by cheque must be given to each employee- (a) at the workplace or at a place agreed to by the employer; (b) during the employee's working hours or within 15 minutes
of the commencement or conclusion of those hours; and (c) in a sealed envelope which becomes the property of the
employee. (3) An employer must pay remuneration- (a) not later than seven days after the completion of the
period for which the remuneration is payable; or (b) at the termination of the contract of employment. (4) Clause 5 (3) (b) does not apply to any pension or provident fund payment to an employee that is made in terms of the rules of the fund. 6. INFORMATION ABOUT REMUNERATION (1) An employer must give an employee the following information in writing on each day the employee is paid: (a) the employer's name and address; (b) the employee's name or number on the payroll, and
workplace; (c) the employee's occupation; (d) the period for which payment is made; (e) the amount and purpose of any deductions made from the
remuneration; (f) the nett amount paid to the employee; (g) if relevant to the calculation of that employee's
remuneration (i) the
employee's rate of remuneration and overtime rate; (ii) the
employee's allowance rate; (iii) the
number of ordinary hours worked by the employee; (iv) the
number of overtime hours worked by the employee; [Sub-para. (iv) substituted by GN R467 of 2001.] (v) the number
of hours worked by the employee on a Sunday or a public holiday during that
period, and (vi) The
written information required in terms of subclause (1) must be given to each
employee; (h) at the workplace or at a place agreed to by the
employee; (i) and such envelope or container on which these particulars
are recorded or such statement shall become the property of the employee:
Provided that (i) the
particulars prescribed above may be recorded on such envelope or in such
statement in code which shall be fully set out and explained in an
accompanying notice or in a notice kept posted in some conspicuous place in
the establishment, accessible to all employees affected thereby; (ii) the
amount due to the employee may be paid into the employee's nominated building
society or bank account, by manual or electronic funds transfer, by the
employer, who shall, however, hand to the employee the aforementioned
statement. 7. DEDUCTIONS AND OTHER ACTS CONCERNING REMUNERATION (1) An employer may not make any deductions from an
employee's remuneration other than the following: (a) an employee agrees in writing to deduction in respect of
any accommodation, holiday, sick, medical, insurance, savings, trade union
subscriptions or debt specified in the agreement. [ (b) If an employee agrees in writing to deductions which the
employer has paid or undertaken to pay to- (i) any
banking institution, building society, insurance business, registered
financial institution, local authority, in respect of a payment on a loan
granted to such an employee to acquire a dwelling; (ii) any other
organisation or body in respect of a dwelling or accommodation in a hostel
occupied by such employee if such dwelling or hostel is provided through the
instrumentality of such organisation or body wholly or partially from finds
advanced for the that [sic] purpose by the state, a building society or a
local authority (c) the deduction is required or permitted in terms of a law,
collective agreement, court order or arbitration award. (2) An employer who deducts an amount from an employee's remuneration in terms of subclause (1) for payment to another person must pay the amount to the person in accordance with the time period and other requirements specified in the agreement, law, court order or arbitration award. (3) Training fee: Subject to the provisions of any other act, no payment by or on behalf of an employee shall be accepted by an employer, either directly or indirectly, in respect of the employment or training of that employee. (4) Purchase of goods: An employer shall not require an employee to purchase any goods from the employer or from any shop, place or persons nominated by the employer. (5) Accommodation, meals and rations and payment in natura: An employer shall not as a condition of employment require the employee to accept accommodation, meals or rations from the employer or from any person or at any place nominated by the employer. An employer shall not as a condition of employment require an employee to receive any in natura form of payment in lieu of wages or a part of the employee's wages. (6) A deduction in terms of subclause (1) may be made to reimburse an employer for loss or damage only if- (a) the loss or damage occurred in the course of employment
and was due to the fault of the employee; (b) the employer has followed a fair procedure and has given
the employee a reasonable opportunity to show why the deductions should not
be made; (c) the total amount of the debt does not exceed the actual
amount of the loss or damage; and (d) the total deductions from the employee's remuneration in
terms of this subsection do not exceed one-tenth of the employee's
remuneration in money. (7) An employer may not require or permit an employee to- (a) repay any remuneration except for overpayments previously
made by the employer resulting from an error in calculating the employee's
remuneration; or (b) acknowledge receipt of an amount greater than the
remuneration actually received. (8) Except where otherwise provided in this determination, whenever an employee is absent from work other than on the instructions of the employer, a deduction proportionate to the period of such absence and calculated on the basis of the wage which such employee was receiving in respect of the employee's ordinary hours of work at the time of such absence. (9) Short time: Whenever the ordinary hours of work specified in the Act are reduced on account of short time, a deduction not exceeding the amount of the employee's hourly wage in respect of each hour of such reduction: Provided that- (i) such
deduction shall not exceed one third of the employee's weekly wage,
irrespective of the number of hours by which the ordinary hours of work were
reduced; (ii) no
deduction shall be made in the case of short time arising out of slackness of
trade or shortage of raw materials, unless the employer has given the
employee notice on the previous day of the intention to reduce the ordinary
hours of work; (iii) no
deduction shall be made in the case of short time owing to a breakdown of
machinery or because the building was unfit for use or is in danger of
becoming unfit for use, in respect of the first two hours not worked, unless
the employer has given the employee notice on the previous day that no work
will be available; (iv) if the
employee has reported for work, no deductions shall be made in the case of
short time owing to bad weather in respect of the first two hours not worked,
unless the employer has given the employee notice on the previous working day
that no work will be available due to inclement weather; (v) Should
work be stopped due to bad weather and if an employee has reported for work,
the employee will be paid for the hours worked plus two hours: Provided that
no fewer than four hours and no more than the previous ordinary day's wage
will be paid on such a day. 8. ORDINARY HOURS OF WORK (1) An employer may not require or permit an employee to work more than- (a) 45 hours in any week; and (b) nine hours in any day if the employee works for five days
or fewer in a week; or (c) eight hours in any day if the employee works on more than
five days in a week 9. OVERTIME (1) An employer who employee [sic] 10 or more employees may not require or permit an employee to work overtime otherwise than in terms of an agreement concluded by the employer with the employee and such overtime shall not exceed- (a) 3 hours overtime a day; or (b) 10 hours overtime in any week. (2) An employer who employs less than 10 employees may not require or permit an employee to work overtime otherwise than in terms of an agreement concluded by the employer with the employee and such overtime shall not exceed- (a) 15 hours overtime in any week. 10. PAYMENT OF OVERTIME (1) An employer shall pay an employee who works overtime at a rate of not less than one and a half times the hourly wage in respect of the overtime referred to in clause 9. (2) Any time worked on Sundays and paid public holidays shall be paid in accordance with the provisions of clauses 16 and 17. (3) Despite subclause (1), an agreement may provide for an employer to- (a) pay an employee not less than the employee's ordinary
wage for overtime worked and grant the employee at least 30 minutes' time off
on full pay for every hour of overtime worked; or (b) grant an employee at least 90 minutes' paid time off for
each hour of overtime worked. (4) An employer must grant paid time off in terms of subsection (3) within one month of the employee becoming entitled to it. (5) An agreement in writing may increase the period contemplated by subclause (4) to 12 months. (6) An agreement concluded in terms of subclause (3) with an employee when the employee commences employment, or during the first three months of employment, lapses after one year. 11. COMPRESSED WORKING WEEK (1) An agreement in writing may require or permit an employee to work up to twelve hours in a day, inclusive of the meal intervals required in terms of clause 13, without receiving overtime pay. (2) An agreement in terms of subclause (1) may not require or permit an employee to work- (a) more than 45 ordinary hours of work in any week; (b) more than ten hours' overtime in any week; or (c) on more than five days in any week. 12. AVERAGING OF HOURS OF WORK (1) Despite clause 8 (1) and 9 (1) (b), the ordinary hours of work and overtime of an employee may be averaged over a period of up to four months in terms of a written agreement. (2) An employer may not require or permit an employee who is bound by a agreement in terms of subclause (1) to work more than- (a) an average of 45 ordinary hours of work in a week over
the agreed period; (b) an average of five hours' overtime in a week over the
agreed period. (3) An agreement in terms of subclause (1) lapses after 12 months. (4) Subclause (3) only applies to the first two agreements concluded in terms of subclause (1). 13. MEAL INTERVALS (1) An employer must give an employee who works continuously for more than five hours a meal interval of at least one continuous hour. (2) During a meal interval the employee may be required or permitted to perform only duties that cannot be left unattended and cannot be performed by another employee. (3) An employee must be remunerated- (a) for a meal interval in which the employee is required to
work or is required to be available for work; and (b) for any portion of a meal interval that is in excess of
75 minutes unless the employee lives on the premises at which the workplace
is situated. (4) For the purposes of subclause (1), work is continuous unless it is interrupted by an interval of at least 60 minutes. (5) An agreement in writing may- (a) reduce the meal interval to not less than 30 minutes; (b) dispense with a meal interval for an employee who works
fewer than six hours on a day. (c) when on any day by reason of overtime worked an employer
is required to give an employee a second meal interval, such interval may be
reduced to not less than 15 minutes. 14. REST PERIODS (1) An employer shall grant to each of the employees a rest interval of not less than 15 minutes as near as practicable in the middle of the first and second work period of the day, and during such interval such employee shall not be required or permitted to perform any work, and such interval shall be deemed to be part of the ordinary hours of work of such employee. (2) An employer must allow an employee- (a) a daily rest period of at least twelve consecutive hours
between ending and recommencing work; and (b) a weekly rest period of at least 36 consecutive hours which,
unless otherwise agreed, must include Sunday. (3) A daily rest period in terms of subclause (1) (b) may, by written agreement, be reduced to 10 hours for an employee- (a) who lives on the premises at which the workplace is
situated; and (b) whose meal interval lasts for at least three hours. (4) Despite subclause (1) (c), an agreement in writing may provide for- (a) a rest period of at least 60 consecutive hours every two
weeks; or (b) an employee's weekly rest period reduced by up to eight
hours in any week if the rest period in the following week is extended
equivalently. 15. PAYMENT FOR WORK ON A SUNDAY (1) An employer must pay an employee who works on a Sunday at double the employee's wage for each hour worked, unless the employee ordinarily works on a Sunday, in which case the employer must pay the employee at one and one-half times the employee's wage for each hour worked. (2) If an employee works less than the employee's ordinary shift on a Sunday and the payment that the employee is entitled to in terms of subclause (8) is less than the employee's ordinary daily wage, the employer must pay the employee the employee's ordinary daily wage. (3) Despite subclause (1) and (2), an agreement may permit an employer to grant an employee who works on a Sunday paid time off equivalent to the difference in value between the pay received by the employee for working on the Sunday and the pay that the employee is entitled to in terms of subclause (1) and (2). (4) Any time worked on a Sunday by an employee who does not ordinarily work on a Sunday is not taken into account in calculating an employee's ordinary hours of work in terms of clause 8, but is taken into account in calculating the overtime worked by the employee in terms of clause 9 (1) (b). (5) If a shift worked by an employee falls on a Sunday and another day, the whole shift is deemed to have been worked on the Sunday, unless the greater portion of the shift was worked on the other day, in which case the whole shift is deemed to have been worked on the other day. (6) An employer must grant paid time off in terms of subclause (3) within one month of the employee becoming entitled to it. (7) An agreement in writing may increase the period contemplated by subclause (6) to 12 months. 16. NIGHT WORK (1) An employer, who requires or permits an employee to perform night work, may do so, provided that- (a) it is by agreement; (b) the employee receives in addition to the wage, an
allowance of not less than 10 per cent of the hourly wage for each hour or
part of an hour worked by the employee on night work; (c) transportation is available between the employee's place
of residence and the workplace at the commencement and conclusion of the
employee's shift. (2) An
employer who requires an employee to perform work on a regular basis after (a) inform the employee in writing, or orally if the employee
is not able to understand a written communication, in a language that the
employee understands- (i) of any
health and safety hazards associated with the work that the employee is
required to perform; and (ii) of the
employee's right to undergo a medical examination in terms of paragraph (b); (b) at the request of the employee, enable the employee to
undergo a medical examination, for the account of the employer, concerning
those hazards as set out in paragraph (a)- (i) before the
employee starts, or within a reasonable period of the employee starting, such
work; and (ii) at
appropriate intervals the employee continues to perform such work; and (c) transfer the employee to a suitable day work within a
reasonable time if- (i) the
employee suffers from health conditions associated with the performance of
night work; and (ii) it is
practicable for the employer to do so. (3) For
the purposes of subclause (2) an employee works on a regular basis if the
employee works for period of longer than one hour after 17. PUBLIC HOLIDAYS (1) An employer may not require an employee to work on a public holiday except in accordance with an agreement. (2) If a public holiday falls on a day on which an employee would ordinarily work, an employer must pay- (a) an employee who does not work on the public holiday, at
least the wage that the employee would
ordinarily have received for work on that day; (b) an employee who does work on the public holiday- (i) at least
double the amount referred to in paragraph (a); or (ii) if it is
greater, the amount referred to in paragraph (a) plus the amount
earned by the employee for the time worked on that day. (3) If an employee works on a public holiday on which the employee would not ordinarily work, the employer must pay that employee an amount equal to- (a) the employee's ordinary daily wage; plus (b) the amount earned by the employee for the work performed
that day, whether calculated by reference to time worked or any other method. (4) An employer must pay an employee for a public holiday on the employee's usual pay day. (5) If a shift worked by an employee falls on a public holiday and another day, the whole shift is deemed to have been worked on the public holiday, but if the greater portion of the shift was worked on the other day, the whole shift is deemed to have been worked on the other day. 18. ANNUAL LEAVE (1) An employer must grant to an employee at least: (a) 21 consecutive days' annual leave on full remuneration in
respect of each annual leave cycle; or (b) 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 (c) 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. (2) An employer must grant an employee an additional day of paid leave if a public holiday falls on a day during an employee's annual leave on which the employee would ordinarily have worked. (3) The employer shall pay an employee in respect of the leave prescribed in subclause (1) an amount not less than three times the weekly wage which the employee was receiving immediately prior to the date on which the leave commenced. (4) The leave prescribed in subclause (1) shall be granted and be taken at a time to be fixed by the employer: Provided that- (a) if such leave has not been granted earlier, it shall be
granted and be taken not later than six months after the end of the annual
leave cycle; (b) the period of leave shall not be concurrent with any
period- (i) during
which an employee is absent on sick leave in terms of clause 19 amounting in
the aggregate to not more than 10 weeks in any period of 12 months; (ii) during
which the employee is under notice of termination of employment in terms of
clause 23. (c) If so requested an employer may grant an employee 12 days
occasional leave on full pay in an annual leave cycle. (d) An employer may reduce an employee's entitlement to
annual leave by the number of days of occasional leave granted on full
remuneration to the employee in a annual leave cycle. (5) The remuneration in respect of the leave prescribed in subclause (1), read with subclause (3), shall be paid not later than the last working day before the date of commencement of the leave. (6) Upon termination of employment the employer shall pay the employee the pay in respect any period of leave which has accrued to the employee but was not granted to the employee before the date of termination of the employment. (7) If the employee has been in employment longer than four months, in respect of the employee's annual leave entitlement during an incomplete annual leave cycle as defined in subclause (1)- (i) one day's
remuneration in respect of every 17 days on which the employee worked or was
entitled to be paid; or (ii) remuneration
calculated on any basis that is at least as favourable to the employee as
that calculated in terms of subparagraph (i). (8) For the purposes of this clause the expressions "employment" and "period of employment" shall be deemed to include any time during which the employer requires an employee not [sic] perform emergency work. (9) Closing of establishment: (a) Notwithstanding anything to the contrary contained in
this clause, an employer may for the purpose of annual leave at any time, but
not more than once in any period of 12 months, close the establishment for 21
consecutive days, and in that case the employer shall remunerate the employee
in terms of subclause (3) read with subclause (4) (d) as the case may
be; (b) An employee who at the date of the closing of an
establishment or the portion thereof in which the employee is employed, is
not entitled to the full period of annual leave prescribed in subclause (1)
shall, in respect of any leave due to the employee be paid by the employer at
the employee's rate of remuneration immediately before the closing of the
establishment, and for the purposes of annual leave thereafter employment
shall be deemed to commence on the date of such closing of the establishment
or portion of the establishment, as the case may be. 19. SICK LEAVE (1) During every sick leave cycle of 36 consecutive months of employment with the employer an employee is entitled to an amount of paid sick leave equal to the number of days the employee would normally work during a period of six weeks: Provided that- (a) in the first 6 months of employment an employer shall
grant an employee one day's paid sick leave for every 26 days worked. (2) An employer may, as a condition prior to payment of any amount claimed in terms of this clause by an employee in respect of any absence from work- (a) for more than three consecutive working days; or (b) on the working day immediately preceding or the working
day immediately succeeding a Sunday or public holiday as defined, require the
employee to produce a certificate within a reasonable period, signed by a
registered medical practitioner, traditional healer or any other person who
is certified to diagnose and treat patients and who is registered with a
professional council established by an Act of Parliament stating the nature
and duration of the employee's incapacity; (c) An employer is not required to pay an employee in terms
of this clause if the employee has been absent from work for more than three
consecutive days or on more than two occasions during an eight-week period
and, on request by the employer, does not produce a medical certificate
stating that the employee was unable to work for the duration of the
employee's absence on account of sickness or injury. (3) For the purpose of this clause- (a) "employment" shall be deemed to include any
period during which an employee is absent- (i) on leave
in terms of clause 18; (ii) on the
instructions or at the request of the employer; (iii) on sick
leave in terms of subclause (1) or owing to incapacity in the circumstances
set out in subclause (4); (iv) for any
reason not being in breach of the contract of employment amounting in the
aggregate to not more than 36 work-days in a cycle of 36 consecutive months;
and (v) any time
during which an employee is required by the employer not to do work because
of bad weather, slackness of the trade or a breakdown of machinery or plant;
and (vi) any
period of employment, which an employee has had with the same employer
immediately before the date on which this determination became binding, and
any sick leave on full pay granted under this determination. (4) This clause does not apply to an inability to work caused by an accident or occupational disease as defined in the Compensation for Occupational Injuries 130 of 1993, or except in respect of any period during which no compensation is payable in terms of those Acts. 20. MATERNITY LEAVE (1) An employee is entitled to at least four consecutive months' maternity leave. (2) An employee may commence maternity leave- (a) at any time from four weeks before the expected date of
birth, unless otherwise agreed; or (b) on a date from which a medical practitioner or a midwife
certifies that it is necessary for the employee's health or that of her
unborn child. (3) No employee may work for six weeks after the birth of her child, unless a medical practitioner or midwife certifies that she is fit to do so. (4) An employee who has a miscarriage during the third semester of pregnancy or bears a stillborn child is entitled to maternity leave for six weeks after the miscarriage or stillbirth, whether or not the employee had commenced maternity leave at the time of the miscarriage or stillbirth. (5) An employee must notify an employee in writing, unless the employee is unable to do so, of the date on which the employee intends to- (a) commence maternity leave; and (b) return to work after maternity leave. (6) Notification in terms of subclause 5 must be given- (a) at least four weeks before the employee intends to
commence maternity leave; or (b) if it is not reasonably practicable to do so, as soon as
is reasonably practicable. 21. PROTECTION OF EMPLOYEE BEFORE BIRTH AND AFTER BIRTH OF A CHILD (1) No employer may require or permit a pregnant employee or an employee who is nursing her child to perform work that is hazardous to her health or the health of the child. (2) During an employee's pregnancy, and for a period of six months after the birth of her child, her employer must offer her suitable, alternative employment on terms and conditions that are not less favourable than her ordinary terms and conditions of employment, if- (a) the employee is required to perform night work, as
defined in clause 2 or her work poses
a danger to her health or safety or that of her child; and (b) it is practicable for the employer to do so. 22. FAMILY RESPONSIBILITY LEAVE (1) This clause applies to an employee- (a) who has been in employment with an employer for longer
than four months; and (b) who works for at least four days a week for that
employer. (2) An employer must grant an employee, during each annual leave cycle, at the request of the employee, three days' paid leave, which the employee is entitled to take- (a) when the employee's child is born; (b) when the employee's child is sick; or (c) in the event of the death of- (i) the
employee's spouse or life partner; or (ii) the
employee's parent, adoptive parent, grandparent, child, adopted child,
grandchild or sibling. (3) Subject to subclause (5), an employer must pay an employee for a day's family responsibility leave- (a) the wage the employee would ordinarily have received for
work on that day; and (b) on the employee's usual payday. (4) An employee may take family responsibility leave in respect of the whole or a part of a day. (5) Before paying an employee for leave in terms of this clause, an employer may require reasonable proof of an event contemplated in subclause (2) for which the leave was required. (6) An employee's unused entitlement to leave in terms of this section lapses at the end of the annual leave cycle in which it accrues. (7) A collective agreement may vary the number of days and the circumstances under which leave is to be granted in terms of this section. 23. TERMINATION OF EMPLOYMENT (1) Subject to the provisions of the Labour Relations Act of 1995 an employer or an employee, who desires to terminate the contract of employment, shall give notice in writing, except when it is given by an illiterate employee- (a) during the first four weeks of employment, not less than
one working day's [sic]; (b) four weeks, if the employee has been employed for more
than four weeks. (c) no agreement may require or permit an employee to give a
period of notice longer than that required of the employer. (d) an employee or employer may terminate the contract without
notice by paying the employee or the employer, as the case may be, in lieu of
such notice not less than in the case of- (i) one
working day's notice, the daily wage the employee is receiving at the time of
such termination; (ii) two
weeks' notice, double the weekly wage the employee is receiving at the time
of such termination: Provided that this shall not affect- (aa) the right of an employer or an employee to
terminate the contract without notice for any cause recognised by law as
sufficient; (bb) provided further where the wage of an employee at the
date of termination has been reduced by deductions in respect of short time,
the expression "is receiving at the time of such termination" in
terms of proviso (ii) of subclause (2) (d) shall, when an employer
pays an employee in lieu of notice, be deemed to mean "would have
received at the time of such termination had no deduction been made in
respect of short-time". (2) The notice prescribed in subclause (1) shall be given on any working day: Provided that- (a) the period of notice shall not run concurrently with, nor
shall notice be given during, an employee's absence on leave granted in terms
of clause 18, or on sick leave granted in terms of clause 19, or owing to
incapacity in terms of clause 19 (4) where such absences amount in the
aggregate to not more than 10 weeks in any period of 12 months' employment
with the same employer; and [sic] 24. SEVERANCE PAY (1) For the purposes of this clause, "operational requirements" means requirements based on the economic, technological, structural or similar needs of an employer. (2) An employer must pay an employee who is dismissed for reasons based on the employer's operational requirements severance pay equal to at least one week's remuneration for each completed year of continuous service with that employer, calculated in accordance with clause 4. (3) An employee who unreasonably refuses to accept the employer's offer of alternative employment with that employer or any other employer, is not entitled to severance pay in terms of subclause (2). (4) The payment of severance pay in compliance with this clause does not affect an employee's right to any other amount payable according to law. (5) If there is a dispute only about the entitlement to severance pay in terms of this section, the employee may refer the dispute in writing to the CCMA. 25. UNIFORMS, OVERALLS, PROTECTIVE CLOTHING AND SAFETY EQUIPMENT (1) An employer shall supply in serviceable condition, free of charge, any uniform, overall, gumboots or other protective clothing which the employer requires the employee to wear or which by any law the employer is required to provide for the employee, and any such uniform, overall, gumboots or other protective clothing shall remain the property of the employer. (2) The employer must issue articles indicted in subclause (1) within seven days after an employee has commenced work provided that- (i) where an
employees health and safety is at risks [sic] such articles must be issued
immediately. (3) No employer shall make any deduction from the wages of any employee in regard to any article provided to that employee in terms of subclause (1) unless the loss or damage occurred in the course of employment and was due to the fault of the employee. (4) The employer has followed a fair procedure and has given the employee a reasonable opportunity to show why the deductions should not be made. (5) The total amount of the debt does not exceed the actual amount of the loss or damage. (6) The total deductions from the employee's remuneration in terms of this subclause do not exceed one-tenth of the employee's weekly wage. 26. WRITTEN PARTICULARS OF EMPLOYMENT (1) An employer must supply an employee, when the employee commences employment, with the following particulars in writing- (a) the full name and address of the employer; (b) the name and occupation of the employee, or a brief
description of the work for which the employee is employed; (c) the place of work, and, where the employee is required or
permitted to work at various places, an indication of this; (d) the date on which the employment began; (e) the employee's ordinary hours of work and days of work; (f) the employee's wage or the rate and method of calculating
wages; (g) the rate of pay for overtime work; (h) any other cash payments that the employee is entitled to; (i) any payment in kind that the employee is entitled to and
the value of the payment in kind; (j) how frequently remuneration will be paid; (k) any deductions to be made from the employee's
remuneration; (l) the leave to which the employee is entitled; (m) the period of notice required to terminate employment, or
if employment is for a specified period, the date when employment is to
terminate; (n) a description of any council or sectoral determination
which covers the employer's business; (o) any period of employment with a previous employer that
counts towards the employee's period of employment; (p) a list of any other documents that form part of the
contract of employment, indicating a place that is reasonably accessible to
the employee where a copy of each may be obtained. (2) When any matter listed in subclause (1) changes- (a) the written particulars must be revised to reflect the
change; and (b) the employee must be supplied with a copy of the document
reflecting the change. (3) If an employee is not able to understand the written particulars, the employer must ensure that they are explained to the employee in a language and in a manner that the employee understands. (4) The employer must keep written particulars in terms of this clause for a period of 12 months after the termination of employment. 27. INFORMING EMPLOYEES OF THEIR RIGHTS (1) An employer must ensure that a copy of the Determination is available and accessible to the employee. (2) Give a copy of that sectoral determination- (i) to an
employee who has paid the prescribed fee; and (ii) free of
charge, on request, to an employee who is a registered trade union
representative. 28. CERTIFICATE OF SERVICE (1) On termination of employment an employee is entitled to a certificate of service stating- (a) the employee's full name; (b) the name and address of the employer; (c) a description of any council or sectoral employment
standard by which the employer's business is covered; (d) the date of commencement and date of termination of
employment; (e) the title of the job or a brief description of the work
for which the employee was employed at date of termination; (f) the remuneration at date of termination; and (g) if the employee so requests, the reason for termination
of employment. 29. ATTENDANCE REGISTER (1) An employer shall provide an attendance register substantially in the prescribed format, in which the employer shall record in ink or indelible pencil the name and class of each of the employees and if an employee is unable to write, the employer shall on the employee's behalf for each day worked and on that day make the necessary entries in the presence of a person nominated by the employee, and shall sign such entries. (2) An employer may, instead of an attendance register, provide a semi-automatic time recorder which records substantially the same information as is required to be kept in the attendance register specified in subclause (1). (3) Unless prevented from doing so by unavoidable causes, every employee shall, in respect of each day worked on that day- (a) record in ink or indelible pencil in such attendance
register referred to in subclause (1)- (i) the day of
the week; (iii) the time
work commenced; (iv) the time
of commencement and termination of all meal or other intervals which are not
deemed as ordinary hours of work; (v) the time
of finishing work for the day; (vi) the time
of commencement and termination of overtime worked for the day; (vii) the time
of commencement and termination of work on a Sundays; (viii) the
time of commencement and termination of work on a public holiday; (ix) the total
amount of hours worked for the day; and (x) the
employee's signature; (b) in an establishment where a semi-automatic time recorder
is provided, make an entry by means of such recorder to show the following: (i) the time
work commenced; (ii) the time
of commencement and termination of all meal or other intervals which are not
deemed as ordinary hours of work; and (iii) the time
of finishing work for the day. (4) An employer shall retain such attendance register referred to in subclause (1) or the information recorded by a semi-automatic time recorder referred to in subclause (2), as the case may be, for a period of not less than three years after the date of the last entry therein or thereon. 30. ENFORCEMENT (1) Enforcement of this determination is done in term of chapter ten of the Basic Conditions of Employment Act 75 of 1997. 31 DURATION OF EMPLOYMENT (1) For the purposes of determining the length of an employee's employment with an employer for any provision of this determination, previous employment with the same employer must be taken into account if the break between the periods of employment is less than one year. (2) Any payment made or any leave granted in terms of this determination to an employee contemplated in subclause (1) during a previous period of employment must be taken into account in determining the employee's entitlement to leave or to a payment in terms of this determination. [Clause 31 added by GN R467 of 25 May 2001.] 32 CONTRACT CLEANING NATIONAL PROVIDENT FUND (1) Establishment
and Objective of the Fund (a) A fund known as The Contract Cleaning National Provident
Fund is hereby established. (b) The Fund shall be governed by its Rules and regulations
in force from time to time. (c) The object of the Fund shall be, in terms of the Rules,
to provide retirement and other benefits for employees and former employees
of the Employers, and benefits in the event of their death and disability. (2) Appointment
of the Interim Board of Management (a) The Director-General shall call for and facilitate the
appointment of the interim board of management in consultation with the
participants to the Fund in accordance with the agreed criteria. (b) The interim board of management shall be invested with
the authority to- (i) Register
the Fund under the of the Pension Funds Act; (ii) Seek
approval of the Fund by the Financial Services Board and the South African
Revenue Services; and (ii) determine
and settle the Rules of the Fund in accordance with the provision of the
Pension Funds Act. (3) Membership 3.1 Employer
Participation (a) Subject to (b) below, any Employer in the Contract
Cleaning Sector shall participate in the Fund with effect from the
commencement of the Fund or the commencement of the Employer's business in
the Contract Cleaning Sector, whichever is the later. (b) An Employer who, in respect of all his/her employees at
the date of publication of this amendment, already participates in a
retirement fund that- (i) complies
with the requirements of the Act; (ii) has been
approved by the Commissioner for the South African Revenue Service; and (iii) provides
benefits equal or better in all respect to those provided by the Fund; may, with the agreement of a majority of his/her
employees, apply in writing to the Board for exemption from contributing to
the Fund in accordance with the Rules, provided that- (aa) the Board may only grant such exemption if, after
consultation with the Actuary and due consideration of such documents and
information in respect of that Employer's fund as it requires, it is of the
opinion that the benefits provided by that Employer's fund are in all
respect, equal to or better than those provided by the Fund; (bb) the Board may grant exemption on such terms and
conditions, and for such duration, as it may determine and, upon expiry of
the period of exemption or, if sooner, non-compliance with any of the terms
or conditions of exemption, the Employer concerned shall forthwith commence
contributing to the Fund in respect of his/her employees subject to a new
application for exemption as aforesaid. (c) Any application by an Employer for exemption shall in no
way whatsoever affect the Employer's obligations, nor his/her employees'
rights, with regard to the payment of all Contributions and benefits in terms
of the rules of that Employer's retirement scheme and/or his/her employees'
conditions of employment. 3.2 Member
Eligibility and Participation (a) Eligibility - All
Eligible Employees will be able to join the Fund from the date specified in
the Rules. (b) Participation -
Participation shall be compulsory for all Eligible Employees, who immediately
prior to and after the commencement of the Fund, were in Service of the
Employer. (c) Commencement -
Participation in the Fund in respect of all Eligible Employees shall, subject
to the provisions in paragraph (a), commence on- (i) the date
of commencement of the Fund; or (ii) the date
of their becoming Eligible Employees, which ever is the later date. (d) Continuation of participation- (i) If a
Member ceases to be an Eligible Employee for reasons other than retirement,
withdrawal from Service or death, the employee's participation in the Fund
shall cease on the first day of the month following or coinciding with the
date on which the employee ceases to be an Eligible Employee; provided that a
Member whose membership of the Fund ceases in terms of this clause and who is
re-employed in the Contract Cleaning Sector within three months prior to him
receiving his benefits shall be deemed to have remained in Service and his
membership of the Fund shall continue. (ii) The Administrator
shall calculate the Member's benefit in terms of the Rules as at the date on
which the Member ceases to be an Eligible Employee. Such amount shall be
retained in the Fund until it becomes payable in terms of the Rules, or shall
be transferred to an approved pension fund, approved provident fund or
approved retirement annuity fund for the benefit of the Member. (iii) Given
the provisions of the Rules, all Members shall be obliged to remain Members
until their retirement, withdrawal from Service or death, as the case may be. (4) Contributions (a) Commencement of contributions - Contributions payable to the Administrator shall
commence once the notification of registration and approval of the Fund has
been gazetted. (b) Contributions by the Member - (i) Each
Member shall make a monthly Contribution to the Fund throughout his/her
Service towards his/her retirement benefits at the rate of four (4) per cent
of the Member's Fund Salary or as amended by the Board of Trustees from time
to time. (ii) The
Contributions referred to in (i) above shall be deducted from the Member's
monthly wages and reflected through the wage records monthly. (iii) The
Member's Contributions shall be paid to the Fund by the Employer within seven
(7) days after the end of the month in respect of which the Contributions
were made. (c) Contributions by the Employer (i) The
Employer shall make a monthly Contribution in respect of each Member in its
Service at the rate of four (4) per cent of the Member's Fund Salary, to be
allocated in terms of the Rules. (ii) Contributions
by the Employer must be paid to the Fund within seven (7) days after the end
of the month in respect of which the Contributions were made. (iii) Every
Employer shall forward monthly to the Administrator a schedule of the total
Members' and Employer's Contributions for the relevant month, so as to reach
the office of the Administrator not later than the 15th day of the month
following that in respect of which deductions were made. (5) Administration
of the Fund (a) The Fund shall be managed by the Board and administered
by the Administrator who shall administer the Fund on the instructions of the
Board. (b) The Board may delegate such functions as the
Administrators agree to perform in respect of the Fund. (c) A copy of the Rules and any amendment thereto shall be
available for inspection by any employer or employee at the office of the
Administrator. [Clause 32 added by GN R1196 of 16 November 2001 as corrected by GN R1135 of 27 August 2002.] All
the provisions of Wage Determination 482, Contract Cleaning Trade, South
Africa published under Government Notice R1484 of 20 November 1998 will be
cancelled by this Determination with effect from the date of publication.
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