It's because bargaining councils can amend basic conditions of employment for their industry segment. You'll likely find there's a collective agreement that has allowed these long working hours.
It's because bargaining councils can amend basic conditions of employment for their industry segment. You'll likely find there's a collective agreement that has allowed these long working hours.
Participation is voluntary.
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I all honesty I think that there was a bit more “bargaining” then just longer working hours. The conditions are downright dangerous and people have lost their lives and yes there are proceedings taking place. However, when it comes to safety based on the “Occupational Health and Safety ACT” there is really no safety at all.
The machinery and equipment is barely in a working state let alone properly inspected or maintained. I was told of numerous accidents “lost time injuries” that gets reported as minor injuries just to keep the paperwork happy.
So yes it is possible that these bargaining councils did agree on these dangerous hours, but that does not explain why the union representatives are so passive about reporting unsafe conduct and "bad" practices.
I cannot help but wonder if these bargaining councils do any kind of inspections because right now they are allowing for labour abuse. Basically these workers get blackmailed to work these hours and are forced to work these hours because there money depends on it.
So where it the monitory system if any? Laws are useless if not enforced. So the point I am making is that you don’t need to play by the rules if you don’t want to because basically nobody cares.
Now this is ONLY my opinion and I hope that those that don’t play by the rules get what is coming to them.
Metal industrial got different rules check there website
www.meibc.co.za
work only 40 hours a week and not more than 10 hours overtime otherwise must arrange with MEIBC
min pay is R22.06 a hour for general worker for example in the motor trade min pay for general worker is R 13.91
If employee work shifts then must increase his rate with 15% for night shift
and if employee work on a public holiday he get more than double pay he get 2.33
this is a couple of things where the Metal Industry is different from others
....Terms and Conditions of employment are based on the fundamental principle of:
"He who hath the Gold maketh the rules"...one only has to see the slave labour going on in the mining sector as they die like flies....
Money can really make people turn a blind eye
@tec0: "So yes it is possible that these bargaining councils did agree on these dangerous hours, but that does not explain why the union representatives are so passive about reporting unsafe conduct and "bad" practices."
The Barganing Councils and Union Representatives are not there to defend the rights of the workers nor to change mainstream operations for the better, they are there to preserve the interests of the Gold holders who authorized thier existence and who's staff are paying thier salaries via subcription fees. Usually the councils just cover up gross Mr. Meaners before they go public by throwing cash at the victims. They are reluctant to bite the hand that feeds them. A little strike here or there will do, that's enough.....
Dave A (09-Oct-09)
It looks like the "safe" option is to close the shops for 1/2 hour a day - probably between 12H00 and 12h30. My problem is that for security I need two people in the shop at all times, and on most days there are only 2. Whats the chances you can put in lunches must be taken in store, or pay double to have it in store, or give time off to have it in store...any of these would be better than closing for half an hour, but are any legal?
The lunch hour is not included, unless it exceeds an hour. Overtime has a number of side issues and can be altered, by agreement and subject to the Basic Conditions. An employee can/may work upto 10 hours overtime per week, paid for.
Different sectors have different minimum wages. Public holidays - if they work on the day they get paid for that day plus 1 days wage in lieu of the day missed, hence the term double pay. www.labourprotect.co.za and www.labourguide.co.za are good websites as is the labour department site. I myself am a labour consultant and you can get me on sterne.law@gmail.com
Last edited by Dave A; 20-Oct-09 at 06:51 PM.
Pap_sak (27-Oct-09)
So if you work 7 days a week, overtime will only be paid if you work more than 56 hours (8 x 7)?
The Basic Conditions Of Employment Act is basically the "bottom line". No agreement, whether collective or individual, can afford an employee less rights or less favourable conditions of employment.
Read the Act. It is written in plain English, is not too long and frankly a numbskull can follow it.
The various bargaining councils' collective agreements deviate, in some cases substantially, from the Act. But always the employee is favoured. Reading the conditions of employment contained in their collective agreements, exclusive of the Act and the LRA, is just folly.
Most of what you need to read is here - https://www.labour.gov.za/ - but don't fall out with the Tax Man (SARS, Revenue Services not the Virus) that can be very, very expensive, all your employees need a tax number and you must submit a return twice a year even if there is no tax payable.
I have an HR consulting Company. You will be surprised how many "larger" businesses do not have the basics in place and this causes endless headaches. So well done for wanting to do it properly now. I will be happy to forward standard letter of appointments and information to get you strated. Email me a list of what you need. I am new to this site and hope that I can leave my email address for you. frances.badenhorst @gmail.com
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