Taking back the industry

[ians]

I know sparks, i was just having a go at Andy

[AndyD]

I'm pretty sure you got my point but you're right, generalising is dangerous.

The problem I see is it's more likely someone unqualified who's setting up in business to work with electrical installations is most likely to have a business structure that makes them exempt from being caught by the net designed to prevent this.

[Dave A]

The working employer, his assistant and the lady who works in the office . So if you are a one man business with only one employee and a woman who works in your office you are excluded? That excludes a lot of small electrical contractors and sub contractors.

I've double checked, and I'd better clear this one up.

The working employer is exempted.
The lady who works in the office does not fall under the collective agreement either.
However, the assistant to the working employer does fall under the collective agreement!

The only time the electrical contractor is not required to register with the bargaining council is if they do all the electrical contracting work ace-alone.
And after checking with the KZN compliance officer, apparently even then, quite a few "sole traders" voluntarily register with the council anyway.

[ACEsterhuizen]

Hi All, but then these guys are contradicting themselves, as their definition of a "General Assistant" is: and this is their own written definition in the same agreement where the GA is excluded:


" "general assistant" means an employee who

(a) is engaged in any or all of the following tasks;
(i) Digging holes and trenches, planting poles and laying and
pulling cables in trenches,
(ii) chasing and cutting walls and concrete floors for conduit,
providing no power tools are used
(iii) loading or unloading materials,
(iv) stripping redundant installations and equipment incidental
thereto from which the supply cables have been removed,
(b) is employed on the following terms and conditions -
(i) no such employee shall be employed for a total period
exceeding 4 months in any calendar year, with the same
employer.
(ii) the prescribed minimum wage rate of an employee shall not be
less than 75% of the prescribed minimum wage rate of an
Electrical Assistant,
(iii) all general assistants shall be included in the Council's monthly
return forms and an employer shall be required to pay all
applicable contributions and subscriptions in terms of the
Council's collective agreements excluding pension/provident fund,
sick pay fund and risk benefits .

They define a General Assistant, make certain rules and agreements for them, but excludes them SPECIFICALLY BY NAME from the agreement.

Personally I am not convinced that a lone ranger (or a crackteam) behind a phone or on a magazine cover (respectively) can make rules and regs up as they feel like. The written law is the law and not some nbcei agent's opinion.

[ians]

As mentioned, the attachment seems incorrect maybe someone should identify the origin and date of the attachment.

[ACEsterhuizen]

The Agreement as it stands today and on the nbcei website. Managerial Employees is now also excluded. General Assistant remains excluded. Good luck nbcei with your mission.

[Dave A]

General Assistant remains excluded.

hmmm: And yet there's a rate determination for a General Assistant in the same document.



I've raised the issue with the ECA National Labour Committee. Let's see what comes back as a response.

[AndyD]

Yeah, 'hmmm' is where I'm at as well. I suspect there's probably a certain amout of artistic licence and an excess of general fanfare in the press release and a certain amount of shuffling around with job categories to suit the circumstance at hand at any particular moment and between the two it's lead to significant inconsistencies cropping up.

[ians]

Taking back the industry

Dave let's not ruffle to many feathers on this one 😉 I would hate to have to go to all the trouble of registering my gardener (general assistant)

[ACEsterhuizen]

Ian, added to this issue is that the "general assistant" is only allowed to work for you for a period of four months in any calender year, then, according to this agreement, you have to let him go.. :-)...but then again, the "general assistant" is excluded from this agreement so you may keep him on? ..

[ians]

The sad part with skills, I have a little knowledge and loads of experience to pass on to a youngster, do you think with all the millions of unemployed people i can find one who wants to work and learn😏

[Dave A]

Ian, added to this issue is that the "general assistant" is only allowed to work for you for a period of four months in any calender year, then, according to this agreement, you have to let him go.. :-)

The theory is from then on, the assistant must be paid at electrical assistant rates.

[Sparks]

Seems to me "General Assistant" is the new name for "Temp".

[ians]

The right way to do things in SA is to keep doing what ever it is you doing until you get caught, then act like you didnt know you were doing anything wrong.

[ACEsterhuizen]

The theory is from then on, the assistant must be paid at electrical assistant rates.

Exactly Dave, but what if there is no vacancy for an EA? If he/she cannot stay on as a GA I will have to let him/her go, as per the agreement?