NATIONAL BARGAINING COUNCIL FOR THE CLOTHING MANUFACTURING INDUSTRY WAGE CLERK’S COURSE COURSE LAYOUT: Designated Agent: 1. Experience 2. Differential Rates [Clause 6] 3. Incremental Dates [Clause 4(4)] 4. Calculation of wage and date increments 5. “Across The Board Provision” [Clause 4(11) - the Clothing ,Knitting and Country Areas Agreements] 6. Aggregation of overtime provisions [Clause 10(1)(d)] 7. Shift provisions Designated Agent: 8. Engagements, Terminations, Absence from Work and Transfer in Occupation [Clause 16] 9. Sick leave provisions for party and non-party members [Clause 26] 10. Annual leave and paid holidays 11. Annual Bonus [Clause 4 (9)] 12. Maternity leave provisions [Clause 30] Designated Agent: 13. Factory inspections – when an agent visits a factory: 1. Powers of a designated agent of a Bargaining Council in terms of Section 33(1)(A) and as set out in Schedule 10 of The Labour Relations Act, Act 66 of 1995, as amended 2. Purpose of the visit 3. What to have ready James Mentor – Financial Manager: 14. Financial and administrative methodologies of the Chamber: 1. Background 2. Methodology employed in invoicing cycle 3. Prescribed forms 4. Important administrative dates 5. Role Of Client Information Officer 6. Housing accounts 7. Other 8. Questions Charlotte Coon – Benefit Admin. Manager: 15. Provident Fund: 1. Benefits administered by the fund 2. Maternity benefits 3. Management of disability cases 4. Housing / Cession loans Sophy van der Berg – Clinical Director: 16. Health Care Fund: 1. Definitions 2. Membership and level of contributions 3. Health care fund benefits 4. General rules 5. Exclusions 6. Exemption applications Joseph Williams – Labour Affairs Manager: 17. Compliance Certificates: 1. Requirements to qualify for this certificate 2. Advantages 18. Exemption applications as per Clause 19 of the Main Agreement requirements: 1. Party exemptions and Non-party exemptions 2. Individual wage exemptions 3. All other exemptions except social fund exemptions 4. Exemptions application from social fund 5. Exemptions Committee – Nuts and bolts of the application 6. Appeal procedure to the Independent Exemptions Board 19. Enforcement procedure of the Council in terms of administrative and financial requirements: 1. An overview of the Council’s enforcement procedure will be given 2. Skills placement centre Designated Agent 1. Experience: 1. Overview: – For the purpose of Clothing and Garment knitting sectors: • All experience counts, in all areas. • Experience in the Millinery Industry counts on its own. 2. Experience gained in the Clothing and/or Knitting sectors are as follows: – Experience gained in the Magisterial districts defined in the Main and – Knitting Agreements of the Western Cape Region, Country Areas Agreement – covering the magisterial districts of George and Worcester only and experience gained in magisterial districts as defined in the Non Metro agreement. – Experience gained in magisterial district areas defined as per the other regional councils. – Service record card and or certificate of service issued by regional council and or documentary proof of employment provided by the employer. 3. Authenticity of documentary proof of previous experience: – Onus on firm to determine that. – To verify with previous employer or with local Bargaining council or other Regional Bargaining Councils. 4. NOTE: – Experience contravention: • It is a contravention of the Council’s Main - Knitting and Country Areas Agreements to employ employees without service record cards if they have previously worked in the formal clothing or knitting industry. • See clause 16(a) and clause 16(c) 5. Procedure to be followed before an employee can be employed: 1. Question employee if worked in the formal Clothing or Knitting industry: • Metro or Non Metro areas or where applicable clerical experience gained outside the jurisdiction of the Bargaining Council (i.e. irrespective of the industry the experience was gained). 2. If the employee answers in the affirmative: • Request to produce the service record card. • If card cannot be produced by the employee (i.e if the card was lost or handed in at the provident fund dept to apply for benefits): – The employee is not allowed to be employed as yet and employee should personally collect a copy of the service record card and a certificate of service at the Bargaining Council. 3. If the employee has worked in the jurisdiction of other regional Bargaining Councils: • Certificate of service or documentary proof of experience should be produced and submitted under cover of a completed BC2 form and completed reverse side of the BC2 form to credit the employees previous experience. Procedure to be followed before an employee can be employed continued: 4. If the employee has never worked in the industry before: • The employee should make a declaration as provided on the reverse side of the BC2 form to the effect that the employee has never worked in the clothing industry before. 5. In the event of the Bargaining Council detecting, at the time of registration of the employee, that the employee has gained previous experience: • It would normally coincide with the need to adjust the employees wage. • The firm is then advised to the effect that the employee has made a false declaration and will confirm the experience and advise the adjusted wage due and issue a new service record card reflecting the updated experience. • It is important to note that if the firm failed to require the employee to sign the declaration on the reverse side of the BC2 form, the firm will be liable for the wage underpayment from date of engagement of the employee and not from date detected by the Bargaining Council. 6. NOTE: – Experience on the service record card may not always reflect employees full experience: • Employee may work as a casual, the service record card not handed in by the employee nor requested by employer. • Service record produced by employee but the full experience is not reflected on service record card. • Employer should contact the Bargaining Council and verify the employee’s experience and should request the issue of a certificate of service. 7. Experience to be taken into account: 1. Clerks and Factory Clerks: • Irrespective of the trade in which such experience was gained. • Not to be taken into account for the purpose of experience in any other capacity. • Experience counts on its own. 2. Clothing Machine Mechanics, Motor Vehicle Drivers, Boiler Attendants, Dispatch Packers, Travelers Drivers, Watchman or Care Takers, Labourers, General Workers, Supervisors, Quality Controllers, Instructors and Clothing Technicians: • Not to be taken into account for the purpose of experience in any other capacity. • Experience counts on its own. 8. Note: – Experience to be taken into account: • Provided that any employee, with less than one years experience, has not been re employed in the industry within a period of five years from date on which he was last employed in the industry, any experience gained shall be ignored for the purpose of calculating the minimum wage at which he may commence service. • Nothing in this part of the agreement shall operate to reduce the wage which was being paid immediately prior to or to which any employee was entitled at the date of commencement of this part of the agreement whilst such employee is employed by the same employer. The provisions of this sub clause shall also apply in the case of any employee whose services are terminated by such employer subsequent to the date of commencement of this part of the Agreement and who is re engaged by such employer. Note continued: – Experience to be taken into account: • In instances when employees are not making the grade and are being transferred to a lower paid occupation or become disabled or due to ill health or for operational requirements, exemption could for. In the absence of a successful wage exemption, a wage claim will be instituted against such an employer. • In the second instance when an employee is terminated by an employer and subsequently re engaged by the same employer, the employer cannot reduce the wage on re engagement. The firm would, e.g. however have grounds for exemption in the event of the employee being offered another occupation in a lower paid occupation, being unable to re engage the employee in the same position e.g. supervisor being offered a position as a machinist. 2. Differential Rates [Clause 6]: 1. Overview: – If an employee is required to, in addition to his own work, perform the work for longer than an hour in the aggregate on any day for which: • A wage higher than that of his own class • A rising scale of wages terminating in a wage higher than that of his own class is prescribed, in sub clause (1), to pay such employee in respect of that day. 2. In the case of a wage higher than that of the employee’s own class (first point in overview): – not less than one–fifth of the higher weekly wage prescribed in sub clause (1) 3. In the case of a rising scale of wages terminating in a wage higher than that of an employee’s own class (second point in overview): – not less than one–fifth of the highest weekly wage prescribed in sub clause (1) for the highest wage. 4. Example: An employee, earning R563.50pw as a passer, was required in addition to her duties as passer to perform the duties of a supervisor on 11 Sep 2006 (for 55mins), 12 Sep 2006 (for 1hr 20mins) and 15 Sep 2006 (for 4hrs). Wage due for period 11 September 2006 – 15 September 2006: – 11 Sep 2006: R 119.32 - 9hrs x hourly rate of a passer (R 563.50pw) – 12 Sep 2006: R 142.57 - 9hrs x hourly rate of a supervisor (R678.00pw) – 13 Sep 2006: R 119.32 - 9hrs x hourly rate of a passer (R 563.50pw) – 14 Sep 2006: R 119.32 - 9hrs x hourly rate of a passer (R 563.50pw) – 15 Sep 2006: R 103.69 - 6.5hrs x hourly rate of a supervisor (R 678.00pw) TOTAL: R 604.22 - 42.5hrs 3. Incremental Dates [Clause 4(4)]: 1. Overview: – All employees who qualify for an increase during the period 1 Jan - 31 Mar of the calendar year shall be granted such increases with effect from the pay week in which the 15 Feb of such year falls. When an employee is not in employment during the said pay week he shall become entitled to the increase with effect from the date he is employed. – Likewise, and in the same manner, all increases become due during the periods 1 Apr - 30 Jun, 1 Jul - 30 Sep and 1 Oct - 31 Dec of each calendar year shall be granted to employees with effect from the pay week in which 15 May, 15 Aug and 15 Nov fall within the respective periods. – In practical terms this means the following: • Increases due Jan – Mar: Due in pay week in which the 15th Feb falls • Increases due Apr – Jun: Due in pay week in which the 15th May falls • Increases due Jul – Sep: Due in pay week in which the 15th Aug falls • Increases due Oct – Dec: Due in pay week in which the 15th Nov falls Overview continued: – In calculating whether an employee qualifies for an increment: • All periods of absence from work shall be counted, except any absence without pay for a continuous period in excess of four consecutive pay weeks and in respect whereof full particulars of the name of the employee and the period of absence have been advised to the Regional Chamber within 14 days of the employee resuming work – In this regard it is further noted that any period an employee is on maternity leave would not count for experience when calculating incremental dates. • Not to be taken into account for the purpose of experience in any other capacity. • Experience counts on its own. 4. Calculation of Wage and Date Increments: 1. To simplify the process: – for the purpose of calculating the number of days in an incomplete month each calendar month will be regarded as having 30 days and not 28 days as normally the case for Feb or 31 days as is the case for Mar. – A completed month will, e.g. run from 16 Feb 8to the preceding day in the following month (i.e.15 Mar 2008) and not till 16 Mar 2008!!! – Saturdays and Sundays: • non working days are taken into account when calculating experience. • In all the following examples, the week ends on a TUESDAY. • Period of experience: 16 Feb 2008 – 31 Mar 2008 = 1 month 15 days 4.2.1 Example 1: • Engagement date: 28 March 2008 • Previous experience: 11 months 28 days (grade c) • Occupation: Line feeder 28 Mar 2008 R 527.00 1 Sep 2008 R 572.00 4.2.2 Example 2: • Engagement date: 30 July 2008 • Previous experience: 1 year 4 months as a machinist • Occupation: Machinist 30 Jul 2008 R 532.50 1st 6 months – 2nd year of experience 13 Aug 2008 - W/E R 594.00 Qualified 19 Aug 2008 1 Sep 2008 R 644.50 4.2.3 Example 3: • Engagement date: 20 February 2008 • Previous experience: 2 years 6 months 10 days as a cleaner • Occupation: Machinist 20 Feb 2008 R 527.00 1st 6 months from date of advancement to grade b employee 13 Aug 2008 - W/E R 532.50 2nd 6 months from date of 19 Aug 2008 advancement 1 Sep 2008 R 578.00 11 Feb 2009 - W/E R 644.50 Qualified grade b rate 17 Feb 2009 4.2.4 Example 4: • Engagement date: 5 April 2008 • Previous experience: – 3 years 5 months as a cleaner (grade c) – 5 months 2 days as a machinist (grade b) • Occupation: Machinist 5 Apr 2008 R 527.00 1st 6 months of advancement to grade b employee 14 May 2008 - W/E R 532.50 2nd 6 months of 20 May 2008 advancement to grade b employee 1 Sep 2008 R 578.00 12 Nov 2008 - W/E R 644.50 Qualified grade b employee 18 Nov 2008 4.2.5 Example 5: • Engagement date: 6 June 2008 • Previous experience: 1 year 11 months 15 days as a presser (grade a) • Occupation: Presser 6 June 2008 R 630.50 1st 6 months 3rd year of experience 1 Sep 2008 R 684.00 12 Nov 2008 - W/E R 754.00 Qualified 18 Nov 2008 4.2.6 Example 6: • Engagement date: 1 July 2008 • Previous experience: 1 year 25 days as a factory clerk • Occupation: Factory Clerk 1 Jul 2008 R 487.50 2nd year of experience 1 Sep 2008 R 529.00 13 May 2009 - W/E R 572.00 3rd year of experience - 1st 6 19 May 2009 months 12 Aug 2009 - W/E R 624.00 Qualified wage 18 Aug 2009 3. Note: Qualifying Periods All job categories with qualifying periods in excess of 24 months shall be reduced by 2 months as from 1 September 2008 In practice this means that, for example, In the instance of a cutter the 30 month qualifying period with six monthly increments is reduced to 28 months from 1 September 2008, while the last increment period is reduced from 6 to 4 months. Factory Clerks and Clerks: • Learnership period: 2 years and 4 months • Increments on yearly basis during the first 2 years of learnership. • Final increment due 4 months thereafter. • Factory Clerks and Clerks experience counts on it own (see example hereafter). 5. Note: – 2001 Allowance: • Please be reminded that the 2001 allowance coinciding with 6 monthly increments of unqualified employees should equally be adjusted, e.g. allowance grade c employee: – 1st 6 months of experience = R4.45 – 2nd 6 months of experience = R4.57 5. “Across The Board Provision”[Clause 4(11)] - The Clothing, Knitting and Country Areas Agreements: 1. Overview: – This wage of an employee who is employed at a Clothing and or Garment Knitting establishment and who, immediately prior the date on which a new Agreement comes into operation, is in receipt of a wage higher than that prescribed for the class of work in which he is engaged, shall with effect from the date on which the new Agreement comes into operation, be increased by an amount equal to the difference between the wage prescribed in the previous agreement and the wage prescribed in the new agreement. 5.2.1 Example 1: • Engagement date: 15 August 2008 • Previous experience: Nil • Occupation: Machinist 15 Aug 2008 R 490.00 1 Sep 2008 R 531.00 R 490.00 +R 41.00 (across the board increase) 15 Feb 2009 R 550.00 1st yr, 2nd 6 months of experience 12 Aug 2009 - W/E R 578.00 2nd yr, 1st 6 months 18 Aug 2009 15 Feb 2010 R 644.50 Qualified wage 6. Aggregation of Overtime Provisions [Clause 10(1)(d)]: 1. For the purpose of determining the number of hours, or part thereof, which an employee should be paid overtime rates: – The hours worked outside the employee’s normal working hours in terms of Clause 9 of this agreement may be reduced by the number of hours, or part thereof, in that pay week the employee was absent. 2. Provided that no reduction of overtime worked by an employee shall be made should the absence be as a result of the following: – Time not worked as a result of protected/industrial action. – Time not worked as a result of a public holiday as declared in terms of the Public Holidays Act. – Time not worked as a result of the employer having declared short time. – Time not worked as a result of the employee being on authorized shop steward time off. – Time not worked as a result of any authorized absenteeism 6.3.1 Example 1: • Pay week ending: 12 September 2006 (6 Sep 2006 – 12 Sep 2006) The employee worked the following normal and overtime hours in that pay week: 6 Sep 2006 9 hours – normal time 2 hours overtime 7 Sep 2006 9 hours – normal time 3 hours overtime 8 Sep 2006 6 hours 30 minutes – normal time 11 Sep 2006 9 hours – normal time 3 hours overtime 12 Sep 2006 9 hours – absent sick leave Total overtime worked: 8 hours Hours absent: 9 hours – In terms of the aggregation provision the 8 hours overtime worked in the pay week the employee was absent should be reduced by the number of hours that the employee was absent (9 hours), meaning that the 8 hrs worked outside the normal hours should be paid at normal and not at overtime rates. • Therefore the payment due would be: Normal hours: 33 hours 30 minutes Sick leave: 9 hours Overtime: Nil (8 hours overtime – 9 hours absent) Normal hours: 8 hours Total payment due: 50 hours 30 minutes (at normal time rate) 6.3.2 Example 2: • Pay week ending: 12 September 2006 (6 Sep 2006 – 12 Sep 2006) The employee worked the following normal and overtime hours in that pay week: 6 Sep 2006 8 hours 50 minutes – normal 2 hours overtime time 10 minutes lost (late coming) 7 Sep 2006 9 hours – normal time 8 Sep 2006 6 hours 15 minutes – normal 15 minutes lost (late coming) time 11 Sep 2006 Illness of dependant child – Certified at Health Centre absent facility 12 Sep 2006 9 hours – normal time • Therefore the payment due would be: Normal hours: 34 hours 45 minutes Overtime: Nil Total absence: 45 minutes late coming + 6 hours 30 minutes sick leave Normal hours: 6 hours (overtime payment due at normal rate) Saturday: 1.25 (at normal rate) 2.75 (at 1.5 the hourly rate) 5 hours - after 12PM (double the hourly rate) Sunday: 17 hours (at normal rate) 4. Note: – Overtime: • Please note that in addition to overtime worked by an employee during a pay week (Mondays - Fridays) which may be reduced by the time an employee was absent during that pay week and which portion may be paid at ordinary rates equally applies i.r.o any time worked on a Saturday and/or a Sunday. • Please note that the hours overtime worked or hours worked on a Saturday/Sunday, or parts thereof, worked in a pay week can only be reduced by the number of hours of absence in that same pay week. 7. Shift Provisions: 1. Overview: – In terms of Clause(1)(b) of the Clothing Agreement, clothing establishments are required to give the Council at least 15 working days notice of the intention to work shifts, and is further required to consult with the trade union in this regard. This requirement is not applicable to knitting establishments. – The other requirements of shift work and the overtime provisions for clothing and knitting establishments are identical and are as follows: • A shift worker’s ordinary hours of work = 42.5 hours per week. • This may be worked on any day from Sunday to Saturday [Clause 9(1)(b)]. • Sundays and Saturdays could be a normal work day for a normal shift worker, provided that where two shifts are employed daily. • Limited to 9 hours on any day and where 3 shifts are worked on any day 8 hours per day. – The shift operation at knitting plants are normally run 24 hours a day over 5 days varying between 2 x 12 hour shifts or 3 x 8 hour shifts over a 24 hour period. Note: – Shift provisions: • Shift allowance of 12.5% is payable in respect of shift hours worked, i.e. 12.5% on total earnings (normal time and overtime). • Please note that employees normally alternate between day and night shifts and the shift allowance is payable i.r.o day and night shifts [Clause 3(9)]. 2. Example 1: – Shift: 2 x 12 hour shifts per day x 5 days per week The employee worked the following shifts: Monday - Friday 5 days 7:00 – 19:00 11 hours 30 minutes per day (12 hours – 30 minute meal 57 hours 30 minutes per week interval) Normal time: 42 hours 30 minutes Overtime: 15 hours per week (3 hours per day x 5 days) 3. Note: – Shift provisions: • Please note that in the instance where 3 shifts are worked over 24 hours each shift can only be 8 hours but employees are required to be paid the full weekly wage based on 42.5 hours in terms of Clause 4(3) basis of contract. • You are reminded that an employer may make mutual arrangements with his normal shift workers to work 42.5 hours on night shift, excluding meal intervals, in any week Monday to Thursday (four day week). See Clause 9(1)(b) • Although 12 hour shifts over 5 days is a common practice in the knitting division, exemption is required as the 3 hours daily and 10 hour weekly limitation is equally applicable as in the case of day workers. • Exemption also need to be sought for and additional shift. 4. Calculation of overtime: Monday – Friday 7:00 – 19:00 12 hour shift less 30 11 hours 30 minutes x 5 57 hours 30 minutes minute meal interval days Saturday 7:00 – 19:00 12 hour shift less 30 11 hours 30 minutes 11 hours 30 minutes minute meal interval Sunday 7:00 – 19:00 12 hour shift less 30 11 hours 30 minutes 11 hours 30 minutes minute meal interval Normal hours: 42.5 Overtime hours: 57.5 (26 hours 30 minutes at 1.5 the hourly rate) Saturday: 42.5 (15 hours + 11.5) 11 hours 30 minutes (work on Saturday) Entire Saturday at 1.5 the hourly rate Sunday: 11 hours 30 minutes due 11hrs 30min at double the ordinary rate = 23 hours pay day of rest in terms of Clause10(5) payment due in terms of Clause11(7) read with Clause 11(3) 5. Twilight shift provisions – Clause 9(6) 5.1 The definition of a twilight worker (Clause 3(f)) : • Twilight shift worker means an employee, other than a normal shift worker, employed any time between the hours 16:30 and 23:00 on any day from Monday - Friday with the specific intent of being employed on twilight shift and who is not ordinarily employed by the employer who has introduced the twilight shift or any other employer. • Twilight shift means a shift, other than a normal shift, introduced by an employer between the hours 16:30 and 23:00 on any day from Monday - Friday. 5.2 Ordinary hours of work [Clause 9(i)]: • Any time between 16:30 and 23:00 on any day from Monday - Friday. 5.3 Twilight Shift [Clause 9(6)]: • General Provisions: – Unemployed people may be recruited for working this shift. – Notwithstanding the provision of sub clause 1(a) above, supervisory and management staff from the existing staff complement of the employers business may be employed on a twilight shift. – A twilight shift worker may only operate between the hours 16:30 to 23:30 daily from Monday – Friday. 5.4 Employment conditions: • All provisions contained in this part of the Agreement, unless specifically excluded, shall be applicable to employees on a twilight shift. • The remuneration payable to a twilight worker shall accrue at an hourly rate. • A twilight worker shall not be entitled to payment of a shift allowance. 5.5 Transport arrangements: • The cost of transport from the place of work to the home of employees will be funded by the employer and/or • The employer will be responsible for the arrangements and expenses of transport from the work place to the homes of the employees at the conclusion of a twilight shift, provided that where an employer and employee agree that the employee shall make the practical arrangements for transport home, this shall be permissible provided the employer shall still be responsible for the costs of such transport. 5.6 Note: • Twilight worker: – A twilight worker may not be required to work on a Saturday or on a Sunday. – See Clause 11(1)(e) and 11(10)(f) 5.7 Productivity Incentive • Employers shall pay an amount of 0.5% of the weekly wage into a dedicated productivity incentive bank account. This must be done on a weekly basis or on the date that wages is normally paid, if it is paid at a time other than weekly. • The money in this productivity incentive bank account is ring-fenced for the introduction of plant level productivity incentive schemes only • This productivity incentive scheme bank account shall be opened and authorized on the basis of co-signatures as follows: – A person nominated by management plus a SACTWU shop steward (where there are no shop stewards at a workplace, a representative nominated by the workers shall be the second signatory) • With effect from 1 September 2008, each workplace shall have a period of 2 months within which they must reach agreement between management and the union about how the productivity incentive scheme at that work place will function and how the incentives are to be paid. • If there is no productivity incentive scheme agreement reached by 1 November 2008, all the monies in the productivity bank account must be paid out to the workers as part of their wages, until an agreement on an appropriate productivity incentive scheme is reached. • The productivity incentive scheme agreements reached must ensure that all workers are covered by the terms of this agreement, not just some, shall benefit from the incentive scheme. • All productivity scheme agreements reached must be registered with the National Bargaining Council for the Clothing Manufacturing Industry, within 1 month after agreement has been reached. • Productivity incentive scheme agreements shall not contain any provisions which have the effect of downward variation of any term or condition of employment • The productivity incentive scheme envisaged in this agreement shall be in addition to and not in place of any existing productivity incentive scheme which may currently exist. • If the workplace closes or is liquidated, all the money left in the productivity account must be paid out to the employees at that workplace and who are covered by the terms of this agreement Designated Agent 8. Engagements, Terminations, Absence from Work and Transfer In Occupation [Clause 16]: 1. Engagement procedure: – No employee may be employed without a Service Record Card if previously employed in the Industry refer Clause 16(a) and 16(c). – Employee must be sent to the Council for a duplicate Service Record Card. – Interview employee immediately and obtain all relevant details such as full name, home address and dependants. • Complete application / Details of Dependants incase of new entrant and existing members (BC 2). • Complete dependant advice (BC2). – Determine job to be performed by employee (ask Manager or Supervisor). – Prepare clock cards. – Examine Service Record Cards, check all entries, observe transfers in occupation, e.g. Cleaner to Machinist, assess experience. Engagement procedure continued: – Calculate starting wage due according to occupation and experience, and the deductions to be made from wages. – Determine date of next increment and wage due. – Enter details onto Clause 17 – Factory Record Card and record date of next increment. – Complete first four columns of Service Record Card and file with Clause 17 – Factory Record Card. – Complete engagement return of Council (BC 3).(DO NOT FORGET TO WRITE IN THE W.E DATE) – Enter details of employee into wage records. 2. Whilst in employment: – Deduct levies and contributions week by week. – Once per month prepare levy return and Provident Fund Schedule and post to the Council with the cheque. • Prepare new nominee form (BC 2) and dependants form (BC 2) when employee’s are married, divorced or have babies. • Where there are no dependants, it should be indicated on the dependant form. • NB ALL INVOICES SENT TO THE COUNCIL MUST BE SIGNED BY THE COMPANY • DEPENDANT: • Means, for the Clothing Industry Healthcare Fund, any of the following persons – The declared spouse of the contributor living at the same address – The unmarried children under the age of 18 of the contributor, including the natural offspring, step-children or adopted children – The unmarried children of the contributor, including the natural offspring, step- children or adopted children, over the age of 18 but under 25, who are physically or mentally disabled – Whose admittance to membership of the Fund is at the sole discretion of the HealthCare Fund Management Committee. 3. When terminating: – Calculate the wages due. – Calculate pro-rata leave pay due/Bonus and all other monies due. – Advise the Council of Termination on the next BC 3. 4. Fixed term employment: – A “fixed term contract” only identifies the period of employment. However, all other Agreement conditions apply i.e. notice/leave – The Union should be consulted before such contracts are used for reasons other than Maternity Leave. – The Rolling Over” or the extending of fixed-term contracts continually, are not permitted. 5. Fixed term contract / Maternity leave: – When and employee is on Maternity Leave, the Agreement makes provision so that the employer may employ temporary employment on a fixed-term contract basis. 6. Contract Employees (NEW PROVISION): These employees with 12 months or more employment with the same employers shall be converted into permanent employees. All contract employees shall be entitled to receive a pro-rata share of all statutory payments due to permanent employees. All contract employees shall be who are in employee at the end of November each year shall be entitled to full payment for all Public Holidays which fall during the annual shut down period. Employees who completed a learnership shall not be placed on a further contract period after the completion of such learnership, but shall be employed as a permanent fulltime employee. Where there are more beneficial arrangements (other than those set out in sub-clause above) governing the employment of contract workers, such provisions shall remain effective 7. Casual clause: – “casual employee” means an employee who is employed by an employer on not more than three days in any week and who is engaged in one or more of the following duties or capacities: • general gardening work • loading or unloading • cleaning bush • washing vehicles or windows 9. Sick Leave Provisions for Party and Non-party Members [Clause 26]: 1. Overview: – An employer shall grant an employee who is absent from work through incapacity: • in the case of an employee who regularly works not more than five days a week, not less than 10 working days; or • in the case of any other employee, not less than 12 working days; – sick leave in the aggregate on full pay during each period of 12 consecutive months commencing 01st July 1997 and on each July 1st thereafter, for which the employee is employed by him (hereinafter referred to as the ‘sick leave cycle’) this applies to Party establishments only (CCA). – To Non Parties full sick leave provisions as per the BCEA. One day for every 5 weeks worked in the 1st 6 months (new employee) there after the balance of the unused in the 1st 6 months plus 25 if 30 days where applicable. – N.B CCA (CAPE CLOTHING ASSOCIATION) COMPANIES ONLY: An employee engaged after the 1st July shall work 5 weeks to qualify for 1 day in the first 6 months. However, if they were in employment on the 30th June they would qualify for 10 days. 10. Annual Leave and Paid Holidays: 1. Overview: – In terms of Clause 15(1) of the Council’s collective Agreements employees in the Industry to the Agreements apply must be granted at least 3 consecutive weeks and one working day of Annual Leave between 15th December 2006 and 14th January 2007. • 15 days full pay • full day pay for Christmas Day, Day of Goodwill and New Years Day – Day of Reconciliation falls on a Saturday and in terms of Clause 15(2)(e) an employee shall be paid 5½ hours wage. – Where an employee begins employment during the year, leave is calculated at 1 day for each completed month of the service plus the Public Holidays. 2. NOTE: – Deductions from leave: • 3 weeks deductions is made from the leave pay of the employee during the December period 11. Annual Bonus Clause 4 (9): Each employee shall be paid an annual bonus on the day of his employer (s) annual closure in December each year, equivalent to 2.0% of his basic prescribed wage (excluding overtime earnings and production bonuses) calculated from 1 January to 31 December. A pro-rata share thereof shall be paid to an employee who leaves employment before the 31st December. 35 weeks x R594.00 = R20 790.00 17 weeks x R600.00 = R11 296.50 (wage as at 1 Sept 2008) x 2% = R641.73 R32 086.50 12. Maternity Leave Provisions [Clause 30]: 1. Requirements to qualify for maternity leave: 1. Provided in Clause 30: • Must have been employed by the same employer for 1 year. • Where and employer or employee has not been in the industry for 1 year the BCEA applies and there services are not terminated and absentee period is submitted to the Council. 2. Before Confinement: • Employee must have APPLIED to make use of the Maternity Leave facility; on a form identical to ANNEXURE “N” at least ONE MONTH before the commencement of her confinement • The wage clerk has the responsibility to ensure that the employee is GIVEN THE FORM IN TIME to permit her to decide whether she wishes to make use of the facility or not. Failure, or refusing to give her the form, could result in dispute. • THE CHOICE IS THE EMPLOYEE’S AND NOT THE EMPLOYERS. • Assist her in completing the form and INFORM MANAGEMENT so that arrangements can be made to obtain a temporary replacement, or to do restructuring. Requirements to qualify for maternity leave continued: 3. Whilst in confinement: • Employer pays BOTH his and the employee’s PROVIDENT FUND and HEALTH CARE FUND contributions. • NOTE: Employer DOES NOT pay the dependants portion of the HEALTH CARE • FUND as this in future will be paid by the employee form her maternity leave. • Employee has the right to tenure. (She is entitled to her job, or similar job when to returns). • Employee must advise the employer AT LEAST FOUR weeks before she intends to return. • The Employee does this by sending the Annexure “O” BY REGISTERED MAIL or by bringing in the form to her employer and OBTAINING A WRITTEN RECEIPT. If she has lost the form she may send a written letter instead. • If, she returns later than 183 days (6months) she is re-engaged in the usual manner. • In Terms of the LRA 1995 and employer may not refuse to allow an employee to resume work after, she took maternity leave in terms of any law, collective agreeement or contract of employment. 2. NOTE: – Expecting mothers: • Expecting mothers’ can only work up to four weeks before the expected date and eight weeks after the date of the child’s birth. • If, before the employee is due to return, she informs the employer that she will not be returning, the Council must be informed of the termination and contribution to the Health Care and Provident Fund must cease. 3. NOTE: – Calculating the latest possible maternity leave date: • “six months maternity” means the time off not exceeding 6 months (183 days). • “Date returned to work: can be less but NOT be more than 6 months and 1 day after. • “date last worked” 3.1 Example: Date Last worked: 13 March 1994 (Enter BC3) Maternity from: 14 March 1994 Maternity to: 13 September 1994 Date return: 14 September 1994 (BC 3) 3.2. NOTE: • Maternity to date: – When an employee’s MATERNITY TO date falls in a leave period, public holiday or weekend the Council’s computer will accept the working day thereafter as the date she returned to work. Designated Agent 13.1. Powers of a Designated Agent of a Bargaining Council in terms of Section 33(1)(A) and as set out in Schedule 10 of The Labour Relations Act, Act 66 of 1995, as amended: 1. Section 33(1)(A): – “A designated agent may • secure compliance with the council’s collective agreements by – publicising the contents of the agreements; – conducting inspections; – investigating complaints; or – any other means the council may adopt, and • perform any other functions that are conferred or imposed on the agent by the council” 2. Section 33(3): – “Within the registered scope of a bargaining council, a designated agent of the bargaining council has all the powers set out in Schedule 10.” 3. Section 10: – A designated agent may, without warrant or notice at any reasonable time, enter any workplace or any other place where an employer carries on business or keeps employment records, that is not a home, in order to monitor or enforce compliance with a collective agreement concluded in the bargaining council. – A designated may only enter a home or any place other than a place referred to in sub- item (1) • with the consent of the owner or occupier, or • if authorised to do so by the Labour Court in terms of sub-item (3) – The Labour Court may issue an authorisation comtemplated in sub-item (2)(b) only on written application by a designated agent who states under oath or affirmation the reasons for the need to enter a place, in order to monitor or enforce compliance with a collective agreement concluded in the bargaining council. – If it is practicable to do so, the employer and a trade union representative must be notified that the designated agent is present at a workplace and of the reason for the designated agent’s presence. Section 10 continued: – In order t monitor or enforce compliance with a collective agreement a designated agent may: • require a person to disclose information, either orally or in writing, and either alone or in the presence of witnessess, on a matter to which a collective agreement relates, and require that disclosure to be under oath or affirmation; • inspect and question a person about any record or document to which a collective agreement relates; • copy any record or document referred to in paragraph (b) or remove these to make copies or extracts; • require a person to produce or deliver to a place specified by the designated agent any record or document referred to in paragraph (b) for inspection; • inspect, question a person about, and if necessary remove, an article, substance or machinery present at a place referred to in sub-item (1) and (2); • question a person about any work performed; and • perform any other prescribed function necessary for monitoring or enforcing compliance with a collective agreement. Section 10 continued: – A designated agent may be accompanied by an interpreter and any other person reasonably required to assist in conducting an inspection. – A designated agent must • produce on a request a copy of the authorisation referred to in sub-item (3); • provide a receipt for any record or document removed in terms of sub-item(5)(e); and • return any removed record, document or item within a reasonable time. – Any person who is questioned by a designated agent in terms of subitem (5) must answer all questions lawfully put to that person truthfully and to the best of that person’s ability. – An answer by any person to a question by a designated agent in terms of this item any may not be used against that person in any criminal proceedings, except proceedings in respect of a charge of perjury or making a false statement. – Every employer and each employee must provide any facility and assistance at a workplace that is reasonably required by a designated agent to effectively perform the designated agent’s function. Section 10 continued: – The bargaining council may apply to the Labour Court for an appropriate order against any person who • refuses or fails to answer all questions lawfully put to that person truthfully and to the best of that person’s ability; • refuses or fails to comply with any requirement of the designated agent in terms of this item, or • hinders the designated agent in the performance of the agent’s functions in terms of this item. – For the purposes of this Schedule, a collective agreement is deemed to include any basic condition of employment which constitutes a term of a contract of employment in terms of section 49(1) of the Basic Conditions of Employment Act. 13.2. Purpose of the visit: 1. Overview: – Ascertain information about an employee’s occupation- may require interaction between the wage clerk, the affected employee, the shopsteward and management. – Obtain copies of wage records. – Do headcount to ascertain employee strength. – Compliance Investigation-in order to complete a Compliance certificate – An investigation for any alleged Non-Compliance issue pertaining to the Main Agreement. 13.3. What To Have Ready: 1. Overview: – Weekly and ALL monthly records. – A copy of the current payroll for the Agent to take with. – Access to the clockcards or printout of the swiping(cards). – Leave Pay, bonus and increase payrecords. – Clause 17 cards and Service record cards. James Mentor Financial Manager 14.1. Background: 1. Database 2. Reconciliation 3. Billing 14.2. Methodology Employed in Invoicing Cycle: 1. Base month – (interpretation of agreement) 2. Invoicing terminology 1. Working document 2. Proforma invoice 3. (Multi) – Adjustment invoice(s) 4. Finalized invoice 14.3. Prescribed Forms: 1. BC2 2. BC3 3. Supporting evidence 14.4. Important Administrative Dates: 1. Payment 14th of the month 2. Payroll/remittance 14th of the month 3. Generate working document – end of month 4. Statements – end of month 5. Finalized invoice – end of month 6. Adjustment invoice – ad-hoc basis 7. Provident statements – end of financial year 14.5. Role of Client Information Officer: 1. Friendly face of the Council 2. Point of contact to the Wage Clerk 3. Reconcile and advise appropriately 4. Assist ad-hoc basis – system implementation 14.6. Housing Accounts: 1. Capital amount 2. Insurance, annual property rates 3. Monthly interest 1. Debited to the account on the 1st day of each month as per the agreed rate 4. Receipts 1. Direct payments by members 2. Stop order deductions 5. Statement 14.7. Other: 1. Overview of other information 14.8. Questions: 1. Thank you Charlotte Coon Benefit Admin. Manager 15.1. Benefits Administered by the Fund: 1. Retirement benefits: 1. Overview: • This benefit can be collected by the member at the age of 55 whilst working, but the member will be required to continue to contribute until the age of 65, or when terminated. Only one retirement benefit is allowed whilst working. 2. Disability benefits: 1. Overview: • This benefit is payable if the member ceases work due to serious illness or injury. All applications must be referred to the member’s attending Health Care Centre by either the employer or panel doctor before the member’s services is terminated. 2. Payment: • Member will receive their employee and employer contributions, plus 78 x basic weekly wage - OR 18 times their monthly salary - up to the maximum ceiling wage. • THIS WILL BE PAID IN ONE LUMPSUM. 3. Death benefits: 1. Overview: • This benefit is paid to the deceased’s dependants and/or nominated beneficiary/s. • The final decision is made by the Provident Fund Board of Trustees. • A dependant is anyone who is legally dependant on you for maintenance e.g children and husband or wife. • A Dependant is also someone who can prove to the Provident Fund Committee that they were financially dependant on the deceased at the time of death. 2. How do dependants/beneficiaries qualify to receive the death benefit? • The Provident Fund Board of Trustees considers all dependants when taking a decision as to who should be paid. This includes minor children who were dependant on the member even if they were not nominated as beneficiaries. Death benefits continued: 3. Non-dependant beneficiaries: • Do not automatically qualify to be paid the benefit. If the member nominates a non- dependant person, such as an elder brother/sister, then the Fund’s Management Committee must be satisfied the non-dependant is the only person legally entitled the benefit. 4. Payment: • Employee and /er contributions, plus 78 x basic weekly wage - OR 18 times their monthly salary - up to the maximum ceiling wage. • THIS WILL BE PAID IN ONE LUMPSUM. • THIS PAYMENT IS EFFECTIVE 12 MONTHS AFTER DATE OF DEATH. 4. Withdrawal benefits: 1. Overview: • This benefit is paid to members when leaving the Clothing Industry before the age of 55. • Although members may apply immediately, the application will only be processed after three months. • Members may have to wait a further few weeks before receiving payment. 2. Payment: • Employee/er contributions, plus interest. • This is non- taxable up to the amount of R1800-00. 5. Withdrawal benefits in cases of Retrenchment, Redundancy, Closure or Liquidation: 1. Overview: • This benefit is paid to members when leaving the Clothing Industry because of being retrenched, made redundant or if the company closes down or is liquidated. • Members may apply for this benefit immediately, although they may have to wait a further few weeks before payment is received. 2. Payment: • Employee/ Employer contributions, plus interest. • This is non-taxable up to the amount of R1800-00. 6. Transfer of Provident Fund Benefits: 1. Overview: • Previously the fund processed Withdrawal Benefits for members who were earning above the ceiling limit referred to as “Salary in Excess”. Members received their benefits after tax. This is no longer permitted as the Fund is now permitted to effect a “Section 14” transfer, in terms of the Financial Services Board, consisting of multiple forms to be completed by the Principle Officer, the Funds Actuary and the Transferor / Transferee Fund. • Once all the relevant documentation is completed it is then forwarded to the FSB, which could take up to 4/5 months for their approval. 15.2. Maternity Benefits: 1. Overview: – If a member qualifies for Maternity Benefits, in terms of the provisions of the Main Agreement of the Bargaining Council, the Employer is obliged to contribute both his and the members’ contributions for a maximum period of six months, based on the wage / salary the member earned prior to the date she went on Maternity Leave. 2. The member may be entitled to the benefit if: – the member has continuously been employed in the industry for no less than one year OR – the member has continuously contributed to the Health Care Fund for no less than one year. – Maternity benefits are paid to a pregnant worker who has been terminated/or resigned at viability stage of no less than 22 weeks provided that the worker has: • continuously been employed in the industry for no less than one year OR • has continuously contributed to the Health Care Fund for no less than one year. 3. NO FAULT DISMISSAL (Change in Rule June 2003): – That maternity benefits now be paid to workers in the event of no-fault dismissal (i.e. retrenched workers who are pregnant), irrespective of the duration of their pregnancy provided that the worker has: • continuously been employed in the industry for no less than one year OR • has continuously contributed to the Health Care Fund for no less than one year. 4. Payment: – 25% of basic wage x 13 weeks. 15.3. Management of Disability Cases: 1. Overview: – This main purpose of the Provident Fund disability system is to assist members who suffer from chronic illness that may render them permanently unable to work in the Industry. We also provide a supportive role in managing members with chronic illness in the workplace. 2. Procedure for the management of the Provident Fund Ill-Health/Disability Claim: – All applications for Ill-Health/Disability benefits, whether initiated by the Employer, Panel Doctor or member, must be referred to the relevant Health Centre prior to the member being requested to stop working as a result of potential ill health/disability. – The professional staff at the Health Centre will evaluate the application and will manage the potential disability applications in a comprehensive manner. If there are any queries this should be directed to the attending Doctors at the Health Centre. – Where applications for Ill-Health/Disability benefits are made on behalf of members who are seriously ill, which have been substantiated by certificates from any major public sector hospitals (major public hospitals refers to hospitals such as Groote Schuur, Tygerberg, Victoria, Somerset, Karl Bremer, etc), the member should be allowed to stop work. A case of this nature will nevertheless still have to be referred to the Health Centre for appropriate case management. 3. Who should you send? – Patients who have been medically boarded. • E.g. Patients who have reached the end of the line with severe arthritis (has had X- rays and preferably visits to specialists in the past) and not someone who complains of joint pains without any referral or medical evidence. – Patients who have clear medical evidence of an inability to perform any occupation in the open labour market. – Only principal members can access this benefit. – Only members under the age of 55 years. – Only members who are to be considered for permanent disability benefits – there is no temporary disability from the Provident Fund. 4. How do you refer? – Phone Ms Patricia Mthandani on (021) 460-4128 to make an appointment at the Salt River Clinic, or the closest Health Centre the member normally visits. – Every patient is given a half-hour appointment slot and please emphasize to patients that they need to be punctual so that everyone is given the same amount of time. – If speech or communication is a problem, ask the patient to be accompanied by another family member/colleague on the day of the appointment. – If there are any further queries, please do not hesitate to call Patricia Mthandani on (021) 460-4128. 5. Disability Assessment Procedures: – Members who wish to have a disability assessment must be referred to there attending Health Care Fund Clinic. – Appointments for the initial Disability Assessment are available at each of the Funds’ Health Care Centre. – There are three sets of forms that need to be completed. The employer and the member each complete a form. A full medical assessment form must also be completed. Once all three forms and other the relevant documentation is received, it is forwarded to the Benefit Admin Department for final processing. – The Benefit Admin Department submits all documentation to the Provident Funds’ appointed Disability Assessors (Alexander Forbes). Alexander Forbes are specialist disability assessors and take about four weeks before they make a final recommendation about the members’ disability. The process could take longer if Alexander Forbes refers member to specialists for more reports. – The system is controlled and monitored from Benefit Admin department. 6. Work Assessment (Functional Capacity) Referrals: – Upon a patient/member being referred to Groote Schuur or Tygerberg Hospital or a private assessor for a work assessment, The Provident Fund provides limited financial support for the costs incurred during the assessment process. – The Provident Fund does not pay for any treatment or medical devices or equipment that a disabled member may need. – The Provident Fund will for example, pay the hospital or private assessor for the cost of the actual work assessment but will not pay for the members treatment (physiotherapy or occupational therapy) that may be recommended by the assessor. – The Provident Fund is responsible for paying the following fees: • Copies/Microfilm of Medical records • Original Report compiled by Doctor • Forms Completion (yellow and other forms) • Copies of X-Rays • Copies of CT scan • Specialist Functional Capacity Assessments 15.4. Housing / Cession Loans: 1. Overview: – Housing Loans in the form of Mortgage Bonds are no longer permitted as from 5th May 2008, as in accordance with the Pension Funds Act – Mortgage Loans in existence as at the effective date shall continue to be administered in accordance with the Agreement – Mortgage Bonds so registered attract interest at the prime rate for members employed in the industry, whilst for members employed out of the industry, the interest rate is prime plus 1% – Cession Loans – The Fund will grant a loan based on 80% of the members fund credit. (See attached documentation for further detail) Sophy van der Berg Clinical Director 16.1. Definitions: Introduction: Each member of the Health Care Fund receives a Health Care Fund Card. This card serves as identification to the health service providers of this member and in addition, lists the names of their dependants as members of the Health Care Fund. Principal Member: An employee engaged in a factory in the Clothing Industry. Dependant Member: • A declared spouse of the contributor living at the same address • The unmarried children under the age of 18 of the contributor, including natural offspring, stepchildren or adopted children; and • The unmarried children of the contributor, including natural offspring, stepchildren or adopted children, over the age of 18 but under the age of 25, who are at school or who are full-time students at a tertiary institution or who are physically or mentally disabled. 16.2. Membership and Level of Contributions: • Membership of the Fund is compulsory for all employees in the Clothing Industry earning below an agreed ceiling wage rate. The ceiling wage rate is determined on an annual basis through negotiations between the Trade Union and the Employers. Wage Groups Health Care Fund Weekly Monthly Employee Employer R457.50–R597.00 R1982.50-R2587.00 Without dependents R5.43/wk R18.40/wk With dependents R23.10/wk R597.01–R1124.00 R2587.01– R4870.50 Without dependents R6.49/wk R20.40/wk With dependents R27.10/wk R1124.01 and over R4870.51 and over Members exempted into the Fund, pay additional contributions 16.2. Membership and Level of Contributions: The following exception to the rules in above applies: • Where a principal member earns below the ceiling wage rate and is a dependant member on his/her partner’s/spouse’s medical aid, this member is obliged to be a member of the Health Care Fund. Their level of contribution is however limited to the equivalent of a single member’s portion. • Where a contributor has advanced in wage/salary to above the Council’s ceiling wage rate and wishes to continue their membership of the Health Care Fund, this continued membership of the Fund is authorised. The member having received the authority to be “exempted in” to the Fund will be required to make additional contributions other than that which they are contributing at present. • Principal members who earn above the ceiling wage rate of the Bargaining Council may be permitted to be a member of the Health Care Fund. Applications for new membership of the Health Care Fund will be considered provided that these employees pay an agreed contribution rate. The contribution level that these new members would be required to pay would be similar to as mentioned in (1.2.2) above. • Employees may apply to be exempted from membership of the Health Care Fund where these employees are the Principal members of a registered medical aid society offered through the company where they are employed. This exemption may be granted irrespective of the wage rate of the employee. 16.3. Health Care Fund Benefits: 1. Panel Doctor Benefits 2. Health Centre Benefits 3. Dental benefits 4. Optical benefits 5. Maternity benefit payments 6. Hospital benefits 16.3. Health Care Fund Benefits: 1. Panel doctor benefits – Principal members may attend a designated independent General Practitioner for primary care services. These independent General Practitioners are appointed on to a panel of Doctors who are directly contracted to the Health Care Fund to provide services to principal members on an agreed Schedule of Fees. Principal members are limited to a maximum of eight (8) consultations for which they are permitted to attend any of the General Practitioners contracted to the Fund. Where members exceed the maximum of eight (8) consultations, these members may visit any one of the seven (7) in-house health Centres of the Fund. These members are permitted to utilise both the services provided by the General Practitioners and those at the in-house Health Centres – Note: The curative services provided by Panel Doctors are similar to those provided at the in-house Health Centres – Members who reside in Malmesbury and Darling, but work in the Cape Metropolitan area are limited to the eight (8) consultation per annum, whereas those members and dependants who reside and work in the Darling and Malmesbury areas, have unlimited consultations. 16.3. Health Care Fund Benefits: 2. Health Centre Benefits The Fund provides a package or “basket” of comprehensive (preventative, promotive, curative and rehabilitative) ambulatory primary care, i.e. “first contact walk-in outpatient care”. The package of ambulatory primary care provided includes: - • Child Preventative Health Services (growth monitoring) • Women’s Health (reproductive health and family planning, gynaecological • problems, domestic violence, counselling, etc.) • Maternal and Child Health (antenatal care, postnatal care, paediatric acute • curative care, etc.) • Adult Curative Care • Sexually Transmitted Diseases (Syndromic management) • Chronic Curative Care (adult and children) • Accident and Emergency Casualty Care (minor surgery, e.g. suturing, incision • and drainage, etc.) • Health Promotion and Education (special projects such as HIV/AIDS, anti- • smoking and chronic diseases of lifestyle, women’s health) • Occupational Health • Professional Counselling Services 16.3. Health Care Fund Benefits: 3. Dental Benefits The following services are provided at the Dental Clinics: - a. Dentist Dentures: Removable (Minimum 4 step denture process): every 5 years Extractions: • Straight • Surgical • Refer children under 6 to Hope street (theatre) Fillings • Silver amalgam/Composite 16.3. Health Care Fund Benefits: 3. Dental Benefits (cont) b. Oral Hygienist • Scaling & polish (Tooth cleaning) • Protection of occlusal surfaces (fissure sealants) • Oral hygiene instruction related to the specific presenting dental problem • Desensitising teeth The members may visit any one of our four (4) Dental Clinics situated in Athlone, Delft, Mitchells Plain and Salt River. • Patients must produce his/her Health Care Fund Card and Identity document. • Members may obtain Dentures from the Fund as follows: - • The member must make an appointment and will be notified well in advance of the date and time of the appointment with the Dentist. • Those members who have completed five (5) and ten (10) years’ service of the Health Care Fund are charged a reduced amount for their Dentures. • Members pay a deposit when they are advised of their appointments or payments may be made in three (3) installments before the Dentures are completed. 16.3. Health Care Fund Benefits: 4. Optical benefits • Optical examinations by a registered Optometrist employed by the Fund and prescription Lenses are supplied free of charge at the point of service. These frames may be selected from those on display in the Optical Department at Salt River and are reasonably priced. • An Optometrist is contracted to the Fund to service principal members in the Atlantis area. Dependants of these principal members in Atlantis are only permitted to be seen at the Optical Clinic in Salt River. Optical Rules • Spectacles may be obtained from the Fund’s Optical Department on the following terms • to qualify for benefits, members must obtain their spectacles from the Fund’s Optician’s in Salt River and Atlantis and not privately. • It is necessary to make an appointment for an eye examination. • The member and employer will be notified of the appointment date when telephoning or calling in at the office. • Spectacle frames are selected immediately after the eye examination and members must bring sufficient money to pay for the frames. • After having been manufactured, the spectacles are fitted with lenses. The member will be advised of the collection date. 16.3. Health Care Fund Benefits: 5. Maternity benefit payments • To qualify for Maternity Benefits, the member has to continuously contribute for one (1) year and be a continuous member for a year. The benefit is payable four (4) weeks before the expected date of birth of the baby, i.e. when the member is 36 weeks pregnant. Maternity benefits are also paid in the case of an employee whose employment has been terminated or upon resignation, provided that the person was at a ‘viability’ stage of no less than 22 weeks at the time of termination or resignation. • The member has to produce a medical certificate from a health facility/hospital or Gynaecologist confirming that she is at least 36 weeks pregnant. The medical certificate from the Hospital has to be authorised and stamped or a computer generated label reflecting the patient’s name with no alterations. Medical certificates from Panel Doctors are not acceptable. • Adoption benefits are payable only when adoption procedure has been finalised and the necessary adoption documents are produced and signed by a Magistrate. • In the event of premature birth, the Birth Certificate or Clinic Card must be produced. • In the event of a miscarriage or stillborn birth, the member has to be more than 35 weeks pregnant to qualify for Maternity Benefits. • 16.3. Health Care Fund Benefits: 6. Hospital benefits A payment of R7.00 per day is paid to members who are hospitalised for 1 or more days, up to a maximum of 30 days. 16.4. General Rules: • When applying for a Health Care Fund card, your Identity Document must be produced. When sending in someone else to apply for your card, a letter of authority on a company letterhead from the factory is required. • When consulting a Panel Doctor, attending any of the Health Centres or applying for benefits, positive identification together with your Health Care Fund card must be presented. • The Health Care Fund card is not transferable and is only valid for the principal member and their registered dependants. • If your Health Care Fund is lost, an amount of R2.00 for a new card will be requested. • Members must contribute for eight (8) weeks before they qualify to see a Panel Doctor or Health Centre. Dependants can be seen after the first contribution has been made. • When members’ employment is terminated, dependant benefits cease immediately while a Panel Doctor or a Health Centre can see the Principal member for eight (8) weeks from date of termination. • Fixed Term Contract workers can be seen immediately, therefore benefits cease on date of termination. • You will not be attended to at the Health Care Fund’s expense without producing your Health Care Fund Card or Identity Document. 16.4. General Rules: • Two (2) hours paid leave per appointment is allowed for Dental, Optical or Gynaecology (Women’s Health) related appointments. • Parent to look after sick child certificates. Certificates that are issued by a public or private Hospital or a 24-hour Health facility with overnight stay, where hospitalisation is a consequence of a child’s illness, must be acceptable to the Employer without the necessary verification of the Fund’s Centres. The certificate needs to clearly indicate that the parent of the child is required to look after the child as a result of the illness. Other certificates that are issued by private General Practitioners, including Panel Doctors, which indicates that the parent requires to look after the child because of the child’s illness, will still need to be verified by the Fund’s Health Centres. • Dependants may only attend the Fund’s Health Centres and will be entitled to benefits from date of registration. • Dependants over the age of 18 years have to provide proof that they are still studying at University, College, Technicon, etc. • Dependants over the ages of, 18 to 25 who are presently studying and have proof will be considered as dependants. • A disabled dependant may be admitted to or could continue membership of the Health Fund after the age of 18 but their membership could at any time after the age of 18 be revoked in terms of the discretionary power vested in the Health Care Fund Management Committee. 16.5. Exclusions: • The Health Care Fund is not responsible for the payment of accounts where members and/or dependants attend dependent General Practitioners who are not contracted to the Fund as part of the Panel Doctors; special/Hospital services (public and private sector); Pathologists; Pharmacy accounts; ambulatory emergencies and transport services; Radiology or any other specialised medical treatment or equipment. • The Fund’s in-house Health Centres do not provide any routine Pathology and Radiology. In addition, these services are also not available through the system of Panel Doctors. Routine care for pregnant mothers, which may include Pathology and Radiology services, are obtained from public or private sector health facilities. Pregnant members are only allowed one (1) consultation to an independent General Practitioner (Panel Doctor) for pregnancy and thereafter are referred to the appropriate public or private sector health facility. 16.6. Exemption Applications: The Health Care Fund Management Committee of the Council has the authority to grant exemptions in the following circumstances taking into account the provisions within the Main Collective Agreement of the Council: - • Employees who are principal members of a registered Medical Aid Society are to be exempted. • Children, who are registered as dependants on a medical aid scheme, are to be exempted. • No exemption will be granted to a principal member who is a dependant on a spouse’s medical aid. • Members, whose children reside in country areas, are to be exempted. • In the case of long-term illness, the principal member would not pay contributions because no wages were being earned, but would nevertheless still be required to pay contributions in respect of dependants. • If both the husband and wife are in the Clothing Industry and they have children, then the husband will be the principal member with dependants. 16.6. Exemption Applications: • In the case where a contributor’s dependants do not live in the RSA and/pr jurisdiction of the Council, it is up to the individual to apply for exemption and such a statement will have to stand up to scrutiny. Employers should make the double deduction for dependants until the Health Care Fund Management Committee deals with the exemption possibility. Refunds in such cases could be made if authorised by the Health Care Fund Management Committee. – A rationale between granting this exemption is that the Council does not provide health services in certain designated areas. Where there is an application for exemption, irrespective of the reasons for the exemption, contributions that are made as a result of an error in the application of the Main Agreement, members may receive a refund of the deductions made in the following circumstances: - – The date of application of exemption serves as the date from which refunds will be determined. – Copies of all pay slips • If the husband of a contributor is a principal member of a medical aid and the wife (contributor) applies for exemption from membership of the Health Care Fund on the basis that she is a dependant member of a medical aid scheme, no refunds will be made of deductions, but contributions will cease from the date of exemption. Joseph Williams Labour Affairs Manager 17. Compliance Certificates: 1. Requirements to qualify for this certificate 2. Advantages 18. Exemption Applications as per Clause 19 of the Main Agreement Requirements: 1. Party & non-party exemptions: • A 19B exemption is noted and recorded by the Council only if, the employer is a member of a party to the Council, its employees are represented by a trade union, and the shop steward signs the exemption application. 2. Individual wage exemption: • The employer, employee and the shop steward must sign all individual wage exemptions. The employer needs to provide a valid motivation for the exemption and also the proposal for future wage increases. These exemptions are submitted to the parties outside the exemptions meeting. • The parties have 10 working days in which to reply to the exemption. If there is no reply from either party within 10 days, the exemption is deemed approved. 3. All other exemptions except social fund exemptions: • All other exemptions are submitted to the parties outside the exemptions meeting if the employer does not belong to a party of the Council, or the employees are not represented by a trade union. The parties have 10 working days in which to respond to the exemption. If there is no reply within 10 days, the exemption is deemed to be granted. • If exemptions in slides 2 and 3 are declined, these exemptions are referred to the Exemptions Committee for consideration as per Clause 19A. 4. Exemption application from social fund: • All exemptions that affect employees’ benefits, such as Health Care and Provident Funds are submitted to the Exemptions Committee, which meets once a month. • The Exemptions Committee considers and decides whether the application for exemption is granted or declined as per the criteria set out in Clause 19 of the Council’s Main Agreement. • If the exemption is granted, the company is informed of such in writing, and the exemption is recorded on the system. • If the exemption is declined the company is informed in writing of the Committee’s decision 5. Exemptions Committee – Nuts and Bolts of the application: • Where a company is dissatisfied with the Committee’s decision to decline their application for exemption, they may, within not more than 30 days refer the application, in writing to the Independent Exemptions Board (referred to as IEB), established by the Council. 6. Appeal procedure to the Independent Exemption Board: • The Ombudsman will consider and decide upon the application as it deems appropriate, and his decision is final. 19. Enforcement Procedure of the Council in terms of Administrative and Financial Requirements: 1. An overview of the Council’s enforcement procedure will be given. (refer to manual) 2. Skills placement centre: • Services rendered to the industry: • The skills placement centre provides the services to the Clothing Industry in making the names of individuals as well as skilled labour to the industry. • Vicky Scholtz at (021) 460-4063, firstname.lastname@example.org has a database available which enables us to transmit the following information to the industry: – Special skills that the manufacturer requires, i.e. lingerie machinists from Cape Underwear or Charmfit. – Heavy apparel such as jeans, eg Sissy Boy Levi’s or Red Seal – We are also able to provide employers with a breakdown of any particular skills that they require within a particular residential areas which accommodates a particular route that employees may use when traveling to their workplace, i.e. an employer based in Epping Industria may want to recruit employees from Bonteheuwel and/or Elsies River. – The data available further makes provision to identify ex-employees of the industry who are registered on our system. – We can also provide an employment history of an employee in respect of their experience gained in the clothing industry. • This is an exclusive service that the skills placement centre provides for the industry.
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