SECTORAL ... - Restaurant Association of South Africa _RASA_ by gjmpzlaezgx

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									SECTORAL DETERMINATION 14:

   HOSPITALITY SECTOR
     SOUTH AFRICA
        According to Zolisa Sigabi,
    spokesperson and Media contact for
         Department of labour will:
 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,
    100 000 research reports and public hearings.
   This is done to ensure the wages are pegged to the
    appropriate level.
   Investigations also reveal that 568 300 workers are
    employed in this sector
   There are also 10 430 enterprises involved in the
    hospitality sector.
           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       Minimum rate for   Minimum rate for
    the period             the period         the period


1 July 2007 to          1 July 2008 to     1 July 2009 to
30 June 2008            30 June 2009       30 June 2010
Rpm      Rpw Rph        Rpm   Rpw Rph      Rpm   Rpw Rph
1480-                   Previous minimum Previous minimum
        341-60           wage + CPIX +    wage + CPIX +
                 7-59          2%               2%
MINIMUM WAGES FOR EMPLOYERS
WITH MORE THAN 10 EMPLOYEES
 Minimum rate for       Minimum rate for   Minimum rate for
    the period             the period         the period


1 July 2007 to          1 July 2008 to     1 July 2009 to
30 June 2008            30 June 2009       30 June 2010

Rpm      Rpw Rph        Rpm   Rpw Rph      Rpm   Rpw Rph
1650-                   Previous minimum Previous minimum
        380-80           wage + CPIX +    wage + CPIX +
                 8-46          2%               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.
      1. BCEA (75 OF 1997)
                               1. BCEA is the basis




2. SECTORAL DETERMINATION
                                 2. Overrules 1.




  3. BARGAINING COUNCIL
                                  3. Overrules 2.



4. COLLECTIVE AGREEMENT
  (agreement between employees/union and employer)
                                   4. Overrules 3.
   BARGAINING COUNCILS (JHB)
 Bargaining Council for the
 Restaurant, Catering and Allied
 Trades
       Alberton           Brakpan
       Benoni             Delmas
       Boksburg           Germiston
       Roodepoort         Johannesburg
       Springs            Kempton Park
       Western Areas      Krugersdorp
       Midrand            Randfontein
       Randburg
 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) 339 2834/5/7
Fax: (011) 339 2804

PO Box 30822           RSA Centre, 7th -8th Floor
Braamfontein           Cnr Melle & Jorisson Streets
2017                   Braamfontein
                       2001
BARGAINING COUNCIL FOR THE
 TEAROOM, RESTAURANT AND
     CATERING TRADE
General Secretary: Monica Basilio
Tel: (012) 322 3493 / 3194
Fax: (012) 322 3845


                        Suite 401, 4th Floor
PO Box 1256             SALU/SAAU Building
Pretoria                225 Schoeman Street
0001                    Pretoria
                        2001
QUESTIONS ?

   THE END

								
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