Lecture 9

 Collective agreements: ◦ 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 ◦ 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.

 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 or by an application from the employer / employers organisation with consent from the particular trade union.  If consent can not be obtained, a copy of the application must be served on the trade union.  If the determination is made, an employer must notify his employees accordingly and hand a copy thereof to the registered trade union.  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. Class notes are not sufficient for study purposes.

 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.  Sectoral determination takes precedence over the BCEA. Class notes are not sufficient for study purposes.

 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. ◦..\..\..\..\..\user\Desktop\Sectoral Determination 7 Domestic Workers.doc..\..\..\..\..\user\Desktop\Sectoral Determination 7 Domestic Workers.doc Class notes are not sufficient for study purposes.

 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.  Determination and code must be read together. ..\..\..\..\..\user\Desktop\26608.pdf..\..\..\..\..\user\Desktop\26608.pdf Class notes are not sufficient for study purposes.

 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.

 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?