Presentation on theme: "SECTORAL DETERMINATION 14: HOSPITALITY SECTOR SOUTH AFRICA."— Presentation transcript:
SECTORAL DETERMINATION 14: HOSPITALITY SECTOR SOUTH AFRICA
The exploitation of workers in hospitality sector soon be a thing of the past. This follows a five year intensive investigation by the Employment Conditions Commission (ECC) The ECC surveyed 900 employers and 1087 employees, research reports and public hearings. This is done to ensure the wages are pegged to the appropriate level. Investigations also reveal that workers are employed in this sector There are also enterprises involved in the hospitality sector. According to Zolisa Sigabi, spokesperson and Media contact for Department of labour will:
APPLICATION Commercial business or part thereof where employees are associated in: Providing accommodation Restaurants
This determination does not apply to employers and employees who are: Involved in trade of property Covered by another sectoral determination Covered by a collective agreement of a bargaining council
The provisions of the Ministerial Determination for small business apply to employers with less than 10 employees
MINIMUM WAGES With effect from 1 July 2007 Employer must pay employee the minimum wage, excluding any gratuity, gifts or tips.
An employee who normally work 45 hours per week should be paid: a. At least the weekly or monthly wages as set out in sectoral determination; or b. By written agreement, at least the hourly rate as set out in the sectoral determination
An employee who works less than four hours on any day, must be paid at least for four hours that the employee works
MINIMUM WAGES FOR EMPLOYERS WITH LESS THAN 10 EMPLOYEES Minimum rate for the period 1 July 2007 to 30 June July 2008 to 30 June July 2009 to 30 June 2010 Rpm Rpw Rph Previous minimum wage + CPIX + 2%
MINIMUM WAGES FOR EMPLOYERS WITH MORE THAN 10 EMPLOYEES Minimum rate for the period 1 July 2007 to 30 June July 2008 to 30 June July 2009 to 30 June 2010 Rpm Rpw Rph Previous minimum wage + CPIX + 2%
Commission Any employee should receive the minimum wage The employer should pay the balance if the minimum wage is not reached Minimum wage paid without any gratuity or gift by customers The agreement to do commission must be concluded before the work commences Notice to cancel or change the agreement on commission work, should notify the affected employees at least four weeks in advance
WORKING HOURS 45 hours per week 9 hours per day in a five day week 8 hours per day in more than a five day week Not more than 3 hours overtime per day and not more than 10 hours overtime per week.
WORKING ON SUNDAYS Normally work on Sunday Remunerated at 1.5 times normal wage Not normally working on Sunday Remunerated at 2 times normal wage By agreement, paid time off may be granted in stead of payment, within one month
PUBLIC HOLIDAYS Be paid at double the normal wage if the employee works on the day Normal wage paid if the employee does not work on the public holiday
LEAVE Annual leave 21 consecutive days (weekends included) 15 days for a five day working week 18 days for a six day working week Family responsibility leave Three days in a 12 month cycle after four months of service
Sick leave For the first six months of service – 1 day for every 26 days worked Thereafter in a 36 months cycle, the amount of days normally worked in six weeks.
BARGAINING COUNCILS Voluntary institutions Between one or more trade unions; And one or more employers’ organizations; In a sector or area to facilitate collective bargaining. Bargaining council agreements have the same force and effect as legislation.
2. SECTORAL DETERMINATION 3. BARGAINING COUNCIL 4. COLLECTIVE AGREEMENT (agreement between employees/union and employer) 1. BCEA (75 OF 1997) 1. BCEA is the basis 2. Overrules Overrules Overrules 3.
BARGAINING COUNCILS (JHB) Alberton Benoni Boksburg Roodepoort Springs Western Areas Midrand Randburg Bargaining Council for the Restaurant, Catering and Allied Trades Brakpan Delmas Germiston Johannesburg Kempton Park Krugersdorp Randfontein
BARGAINING COUNCILS (PTA) Bargaining Council for the Tearoom, Restaurant and Catering Trade Area A: Magisterial districts of Pretoria, Cullinan, Wonderboom and Municipal area of Midrand. Area B: Magisterial districts of Brits, Bronkhorstspruit, Rustenburg, Warmbaths and Witbank.
BARGAINING COUNCIL FOR THE RESTAURANT, CATERING AND ALLIED TRADES General Secretary: Brian Z Magqaza Tel: (011) /5/7 Fax: (011) PO Box Braamfontein2017 RSA Centre, 7 th -8 th Floor Cnr Melle & Jorisson Streets Braamfontein 2001
BARGAINING COUNCIL FOR THE TEAROOM, RESTAURANT AND CATERING TRADE General Secretary: Monica Basilio Tel: (012) / 3194 Fax: (012) PO Box 1256 Pretoria0001 Suite 401, 4 th Floor SALU/SAAU Building 225 Schoeman Street Pretoria 2001