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Presentation on theme: "SECTORAL DETERMINATION 14: HOSPITALITY SECTOR SOUTH AFRICA."— Presentation transcript:


2  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:

3 APPLICATION  Commercial business or part thereof where employees are associated in:  Providing accommodation  Restaurants

4  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

5 The provisions of the Ministerial Determination for small business apply to employers with less than 10 employees

6 MINIMUM WAGES  With effect from 1 July 2007  Employer must pay employee the minimum wage, excluding any gratuity, gifts or tips.

7 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

8 An employee who works less than four hours on any day, must be paid at least for four hours that the employee works

9 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%

10 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%

11 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

12 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.

13 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

14 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

15 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

16  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.

17 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.

18 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.

19 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

20 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.

21 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

22 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



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