1. Lecture 7

2. A. Collective agreements: 1. Bargaining council agreements: May vary, replace or exclude conditions of employment. ▪ The following core rights may not be excluded or varied: ▪ Protection of employees who regularly perform night work ▪ Maternity leave ▪ Annual leave (minimum 2weeks / year) ▪ Arrangement of working time with due regard to health, safety and family responsibilities ▪ Prohibition on child and forced labour 2. Other collective agreements (concluded outside a BC) and individual agreements: May vary conditions of employment within limits set by the Act or sectoral determinations. Class notes are not sufficient for study purposes.

3.  Minister may make a determination to replace or exclude any basic condition of employment contained in the BCEA.  Application may be done on own initiative of the minister:  Only if by the advice of the ECC & if its published in the Government Gazette.  or by an application from the employer / employers organisation with consent from the particular trade union:  All the Employees must be notified of the application and the eventual amendment. Class notes are not sufficient for study purposes.

4.  Minister can make a determination in respect of:  Working hours: ▪ If more favorable than BCEA; ▪ Parties to Collective agreement agrees to the determination; ▪ Determinations necessitated by operational circumstances in the sector; ▪ If it applies to the agricultural or private security sectors. ▪ Core rights can not be varied.

5.  DG investigates the existing conditions in the sector and area concerned on instruction of the Minister. Public invited to participate and send in written representations.  Report is submitted to the ECC for consideration and to make recommendations to the Minister regarding the sectoral determinations.  Sectoral determination is published in the Government Gazette and is then applicable to all employees and employers in that sector. Class notes are not sufficient for study purposes.

6.  Sectoral determinations usually include the following:  Minimum wages and timing of payment;  Conditions of employment;  Payment in natura;  Regulation of task-based work, piece work, home work and contract work;  Minimum standards for housing and sanitation for employees who reside on their employers premises;  Traveling and other work related allowances;  Etc – see PGL p 48.  https://www.labour.gov.za/downloads/legislation/sectoral-determinations/basic-conditions-of- employment/Sectoral%20Determination%207%20-%20Domestic%20Workers.pdf https://www.labour.gov.za/downloads/legislation/sectoral-determinations/basic-conditions-of- employment/Sectoral%20Determination%207%20-%20Domestic%20Workers.pdf Class notes are not sufficient for study purposes.

7.  Collective agreement concluded after commencement of the sectoral determination enjoys precedence.  Determination regarding children above 15 years must take into account their health, education, etc.  Children under 15 years:  Sectoral determination 10: Children in the performance of Advertising, artistic and cultural activities, South Africa.  Code of good practice regarding the above also issued.  http://www.voicebank.co.za/Downloads/PDF/Application %20Form%20SD10-1.pdf http://www.voicebank.co.za/Downloads/PDF/Application %20Form%20SD10-1.pdf Class notes are not sufficient for study purposes.

8.  The ECC consists of 3 persons with relevant and ample knowledge of the labour market and conditions of employment. They are appointed by the Minister after consultations with NEDLAC.  Advise Minister on :  Sectoral determinations, conditions of employment and other matters arising from the Act;  The affect of policies of the government on employment;  Trends in collective bargaining;  Trends that undermine the purpose of the Act;  Employment of children;  Conditions of employment in the public service. Class notes are not sufficient for study purposes.

9.  Give an exposition of the possible variation of conditions of employment as contained in the Act  Indicate which are core rights of an employee i.t.o. This Act  What are the aims of the ECC?