NATIONAL BARGANING COUNCIL

OF THE

LEATHER INDUSTRY OF SOUTH AFRICA

TANNING SECTION

COLLECTIVE AGREEMENT

Reproduced under Government Printer’s Copyright

Authority 8441 of 5 November 1985.

July 2011

This Guide is published for the con-

venience of employers and employees,

and although every effort has been

made to ensure the accuracy of the

information contained herein, this

Council cannot accept any liability

arising from any information which may

subsequently be shown to be incorrect.

The agreement as published in the

Government Gazette is the version which

is binding on those concerned, and

prevails over any provision or item

contained herein which is inconsistent

therewith.

S C H E D U L E

NATIONAL BARGAINING COUNCIL OF THE LEATHER INDUSTRY OF SOUTH AFRICA

COLLECTIVE AGREEMENT : TANNING SECTION

in accordance with the provisions of the Labour Relations Act, 1995, made and entered

into between the

South African Tanning Employers’ Organisation (SATEO)

(hereafter referred to as the “employers” or the “employers’ organisation”)

and the

Southern African Clothing and Textile Workers’ Union (SACTWU)

and

National Union of Leather and Allied Workers (NULAW)

(hereafter referred to as the “employees” or the “trade unions)

being parties to the National Bargaining Council of the Leather Industry of South Africa,

to extend and amend the Agreement published under Government Notices Nos R.1318

dated 6 November 1998, R.287 dated 12 March 1999, R.1017 dated 27 August 1999, R.47

dated 28 January 2000, R.555 dated 9 June 2000, R.128 of 9 February 2001, R.389 of 18

May 2001, R.823 of 7 September 2001, R.1230 of 30 November 2001, R.693 of 17 May

2002, R.1451 of 13 December 2003, R.714 of 6 June 2003, R.1357 of 3 October 2003, R.748

of 25 June 2004, R.592 of 24 June 2005, R.593 of 24 June 2005, R.335 of 13 April 2006.

R.631 of 30 June 2006, R.1269 of 15 December 2006, R.513 of 22 June 2007, R.1068 of 16

November 2007, R.1038 of 3 October 2008, R.474 of 8 May 2009,R.1191 of 17 December

2010 and R.523 of 24 June 2011.

INDEX

1. Scope of application of the agreement

2. Date and period of operation

3. Definitions

4. Employees

4.1 Prohibited employment

4.2 Learners

5. Hours of Work

5.1 Ordinary hours

5.2 Overtime hours

5.3 Meal and other rest intervals

5.4 Shift-work

5.5 Short-time

6. Leave

6.1 Annual leave

6.2 Public holidays

6.3 Maternity Leave

6.4 Family Responsibility Leave

6.5 Sick Leave

7. Remuneration

7.1 Wages and Wage rates

7.2 Overtime rates

7.3 Holiday bonus

8. Organisational rights

8.1 Deduction of trade union subscriptions

8.2 Shop stewards

8.3 Trade union representatives on the Council

9. Termination of employment

9.1 Notice

9.2 Severance pay

9.3 Service certificates

10. General

10.1 Insurance of wages in case of fire

10.2 Clothing and Tools

10.3 Calculation of Contributions and levies to Council or Council

funds

10.4 HIV/Aids

11. Place of Employment

12. Exemptions

13. Dispute resolution

14. Administration of the agreement

15. Prohibition of Plant Level Bargaining

16. Amendments to this agreement

17. Agency Shop Agreement

ANNEXURES

A Service Certificate

1. SCOPE OF APPLICATION OF AGREEMENT

(1) The terms of this agreement will be observed in the tanning section of

the leather industry -

(a) in the Republic of South Africa.

(b) by all employers who are members of the employers’

organisation, and by all employees who are members of the

trade unions, and who are engaged or employed in the said

section of the industry.

(2) The terms of this Agreement will apply only to employees for whom

wages are prescribed in terms of this agreement, and to employers of

such employees.

(3) The terms of this agreement will not apply to non parties in respect of

clauses 1 (1)(b), 2 (1), 8, 14(2) and (3) and 16.

2. DATE AND PERIOD OF OPERATION

(1) This Agreement will come into operation for the parties on 1 July 2011

and remain in force for the period ending 30 June 2016,

(2) This Agreement will come into operation for non-parties on such date as

the Minister of Labour extends the agreement to them, and will

thereafter remain in force for the period ending 30 June 2016.

(3) Notwithstanding subclause (1) and (2), this Agreement shall come into

effect at a date not earlier than 1 December 2011 in respect of

employers who are engaged in the tanning process of Ostrich Skins.

.

3. CLAUSE 3 - DEFINITIONS

“All expressions used in this Agreement which are defined in the Labour Relations

Act, No 66 of 1995 will have the same meaning as in that Act; and unless the

contrary intention appears, words implying the masculine will include the

feminine.

“Act” means the Labour Relations Act, No 66 of 1995;

“assistant splitter” means an employee who assists in feeding the hide -into the

front of the splitting machine;

“Automotive Tanning Industry” means that part of the leather industry in which

employers and employees are associated with the process

of tanning and dressing of hides and/or skins, and cutting of

upholstery panels for the automotive industry;

“boiler attendant” means an employee who is employed on

maintaining steam pressure and water content in any boiler,

and who may also be employed on the making and

maintaining of fires;

“break fleshing assistant” means an employee who feeds the sheep skin to

the break flesher;

“break fleshing” means the removal of excess moisture, loose hangings and

breaking of fibres on the flesh side of the skin;

“brushing” means the application by hand of a base coat or pigment to a pre-

dyed skin;

“buffing” means the removal by hand or machine of the fibres from the flesh or

grain leather side to obtain a smooth even surface;

“chemical weighing” means the weighing and pre-batching of chemicals to

formula specification;

“colour matching” means verifying and adjusting a colour to match the required

shade;

“colour mixing” means the weighing/measuring, blending and mixing of various

colour components to specific formulas to obtain the

required shade;

“component packing” means the packing and labelling of component kits to

specification;

“component splitting” means reducing cut leather components to the required

substance by machine;

“conditioning” means the preparation of the hide for staking or milling by a

moistening process;

“Council” means the National Bargaining Council of the Leather Industry;

“counting and packing” means the counting, recording and packing of the

pickled skins into drums’

“crust sorter” means a person who sorts and grades hides and skins in the crust

state;

“curtain coating” means the application of a coating mixture to leather in a

continuous film;

“cutter 1" means an employee who examines the leather marking any defects,

flaws or marks prior to cutting it;

“cutter II” means an employee who cuts the leather after defects, flaws and

marks have been identified by the hide marker;

“Despatch clerk” means an employee who is responsible for receiving goods

into or from a store or warehouse or from departments for

despatch or delivery and who is responsible for the packing

and/or assembling of such goods, the checking of

packages and the mass-measuring, marking or addressing

thereof;

”District Committee” means a committee established in terms of the constitution

of the Council to administer agreements in a particular

area;

“day worker” means an employee who is required or permitted to work on such

basis that the majority of his ordinary hours of work fall

between the hours of 06h00 and 18h00 and “daywork” will

have a corresponding meaning;

“drum closing” means the sealing and closing of the drum after packed skins are

preserved with pickled water’

“drum operator” means an employee responsible for all aspects

of the drum functions required in the liming, tanning and

dyeing processes;

“dry cleaning” means the softening and extracting of the natural fat content

from the skin by means of a chemical wash;

“dyeing” means converting tanned hides or skins into a specific colour with

colourants by means of a process;

“embossing/printing” means imprinting a pattern or design by means of a

pattern roller onto the leather surface.

“emergency work” means:

(a) work which needs to be done without delay because of fire,

accident, storm, epidemic, act of violence, looting, breakdown

of plant or machinery, or

(b) work which cannot be done within normal working time, such as

the overhauling or repairing of plant or machinery, and the

handling of products which need to be done without delay due

to the perishable nature of such products;

“establishment” means any place in which any operations in connection with

the Industry are carried on;

“experience” means the total period(s) of employment which an employee has

had in the Industry;

“fellmongering” means the de-wooling and pickling of raw sheep skins;

“final fleshing” means the removal of any adipose tissue and flesh remaining on

the flesh;

“final inspector” means an employee who examines cut leather components for

quality, colour and substance;

“final sorter” means an employee who sorts, grades and examines finished

leather for quality, texture, finish, colour variation and

defects;

“fleshing” means the removal of all excess fat and flesh from the raw soaked

hide or skin by hand or machine;

“flesh trimming” means the removal of all loose hanging sections before or after

fleshing of the hide or skin not suitable for further processing;

“fork-lift driver” means an employee who drives and operates a mobile hoist for

the purpose of transporting, loading and unloading goods;

“general worker” means an employee employed on unskilled, manual work

including all types of cleaning, carrying, loading or

unloading of vehicles, making of beverages, assisting on

delivery vehicles, collection/delivery of mail and messages,

marking of packages and bales, effluent disposal, feeding

hides or skins on to conveyors or transporters, and the

physical handling of hides and skins in all departments;

“general worker entry level” means a person who was employed as a general

worker after 1 July 2006, and who was not retrenched from

the industry within a twelve (12) month period of such

employment;

“glazing” means producing a bright, glossy or glasslike finish on the grain surface

of the leather;

“half-day” means half the ordinary working period at an establishment;

“hand cutting” means cutting of components from patterns by hand;

“hand fleshing” - see “fleshing”;

“hand pulling” means the removal of the wool from the grain side of the

sheep skin by hand;

“hand spraying” means the application of a finishing colour coat to the leather

surface by means of a spray gun;

“handyman” means an employee who effects minor repairs to

machinery and equipment, and carries out main- tenance

to buildings;

“hang drying” means the reduction of the moisture content of semi processed

leather by a drying process;

“hide marker” means an employee who examines the finished leather for

quality, substance, defects and colour variation, marking

defects, flaws and marks for efficient component cutting;

“hide stamping” means imprinting or stamping an identification code on the

hide by hand or machine;

“hourly rate” means the rate prescribed in terms of this agreement, excluding

overtime, incentives or allowances, but where an employee

earns a premium rate, it will mean the higher rate;

“hydraulic press operator” means an employee who embosses a pattern on to

the leather surface with a heated plate;

“Industry” means the Tanning Section of the Leather Industry;

“laminating” means attaching a foam, fabric or film backer to the leather

component by means of a heating process;

“lay-out” means measuring the cut component against the master template to

verify cutting accuracy;

“learner” means an employee who is employed to learn one or more operations

in the Industry;

“Leather Industry” or “Industry” means the industry in which employers and their

employees are associated for one or more of the following:

(1) Manufacture and/or partially manufacture, and/or finishing of

partially manufacture and/or of components, and/or

assembling of components of -

(a) footwear, excluding bespoke made footwear;

(b) travel goods and requisites, including suitcases,

trunks, travelling, folding, sling, shopping, knitting and

school bags, satchels, rucksacks, attache, brief and

vanity cases, and other similar containers;

(c) harnesses, saddlery, bridles, saddle bags, girths, leggings,

stirrup straps and other similar equipment, wallets, purses,

tobacco pouches, cases and boxes for jewellery, musical

instruments, binoculars, arms, footwear, bottles,

cigarettes, cigars and pipes, dog collars and leads,

watch straps, rug straps, belts, braces, suspenders,

garters, armlets, (excluding belts, braces, suspenders,

garters, armlets manufactured from cloth) and

other similar articles designed as substitutes;

(d) handbags and other bags, and containers designed to

hold ladies’ and gentlemens’ personal effects;

(e) footballs, punch balls, netball balls and boxing gloves;

(f) hockey and cricket balls.

(2) (a) For the tanning, dressing and fellmongering of hides and skins;

and

(b) (i) preparation of cured or uncured hides and/or

skins for tanning; for this purpose “preparation of

hides and/or skins for tanning” without detracting from

its ordinary or technical meaning, includes any of the

following:

washing, soaking, fleshing, deburring, liming,

unhairing, dewooling, removing scales, deliming,

batting and pickling; and

(ii) tanning of cured or uncured hides and/or skins;

and/or

(iii) retanning and/or dyeing and/or drying and/or

softening and/or buffing and/or dressing and/or

finishing and/or laminating of leather and/or the

combing and/or shearing and/or ironing of hides

and/or skins with the wool or hair on; and

(iv) cutting of upholstery panels from leather,

provided that, for the purposes of sub

paragraphs (i) to (iii) “hides and skins”, include

the following: Pelts with or without the fur on;

sheep skins with or without the wool on; game

and goat skins with or without the hair on; all

types of reptile skins, and bird skins, with or

without the feathers attached: Provided that the

activities listed under sub paragraphs (1)(b) and

(c) shall not include –

(aa) the manufacture of metal components

and/or attachments;

(bb) the manufacture of canvas bank bags,

canvas kit bags, canvas ruck sacks,

canvas haversacks, canvas sampling

bags and canvas explosives bags;

(cc) the manufacture of any article from

rubber;

(dd) the manufacture of any article or the

practice of any trade or occupation

covered by the “Printing Industry” which,

without in any way limiting the generally

accepted meaning of the term, means

the industry or undertaking in which

employers and employees are

associated for the production of printed

matter of any nature whatsoever;

(ee) the manufacture of any article from

metal or any kind of container (with or

without metal parts) from fibre and/or

cardboard (corrugated or otherwise)

and/or paper or any compound of

paper, and/or any like material, a

constituent part of which is fibre and/or

cardboard and/or paper and/or any

constituent of paper and/or plastic, but

excluding the manufacture wholly or

mainly from fibres or plastic sheeting

material of trunks, attache cases, bags

and all similar containers designed to

hold personal effects, musical

instruments and sporting kit.

The word “plastic” as contained in the paragraph directly above, means any of

the group of material which consists of or contains as an essential ingredient, an

organic substance of a large molecular mass, and which, while solid in the

finished state, at some stage in its manufacture has been or can be forced, i.e.

cast, calendared, extruded or moulded into various shapes by flow, usually

through the application singularly or together of heat and pressure.

“liming” means the de-hairing and plumping of the raw hide by means of a

chemical process;

“machine wool pulling” means the removal of the wool from the grain side

of the sheep skin by machine;

“measuring”means the calculation of the area of the hide, skin or finished

leather by means of an electronic device or any other type

of measuring equipment;

“milling”means the softening of the semi-finished or finished hide or skin by

pummelling in a revolving drum;

“motor vehicle driver” means an employee who drives a motor vehicle.

For the purpose of this definition, the expression “driving a

motor vehicle” includes all periods of driving, any time spent

by the driver on work connected with the vehicle or load,

and all periods during which he is obliged to remain at his

post in readiness to drive. For the purpose of this

agreement, a motor vehicle driver shall be classified as

follows:

(a) Motor vehicle delivery driver means a driver of a vehicle

who requires a code 10 licence or higher.

(b) Motor vehicle general driver means a driver of a vehicle who

requires a code 9 licence or lower.

“night allowance” means the allowance payable to an employee

employed on night work based on 42 ordinary hours per

week;

“night worker” means an employee, who is required or permitted to work on

such a basis that the majority of his ordinary hours of work

fall between the hours of 18h00 and 06h00 and “nightwork”

will have a corresponding meaning;

“Non-automotive Industry” means that part of the leather industry in which

employers and employees are associated with the process

of tanning, dressing and fellmongering of hides and skins;

“nylon replacer” means an employee who replaces damaged nylon

transporting runners on conveyors or transporters;

“paddle operating” means the removal of all salt, blood and dirt and loosening

of fibres by means of a chemical soak and wash in a

paddle;

“pasting” means the positioning of leather on a pre-sprayed pasted plate for

the purpose of flattening, stretching and correcting moisture

by a controlled drying process;

“perforating” means perforating or pin punching of leather

components;

“pickle sorting” means the assessing and sorting of pickled skins into

grades according to the grain quality and shape;

“piece-work” means work which is remunerated according to quantity or output

of work done;

“pilot plant operator” means an employee engaged in the production of leather

samples;

“polishing” means acquiring the required sheen on the leather surface by means

of a high speed polishing roller;

“premium” will mean the difference between an employee’s actual

wage(excluding overtime, incentives and shift allowances)

and the prescribed wage.

“Qualified employee” means an employee who is by competency entitled to

receive the full wage for the operation in which he is

employed;

“roller coating” means applying coating mixtures to the leather surface by

means of a revolving roller;

“rotor press” means the glazing, ironing or embossing the leather surface by

means of a smooth or engraved heated roller;

“rotor spraying” means the application of various mixtures and

finishes to the leather by means of spray guns attached to a

rotating carousel;

“rounding” means the cutting by hand of untanned hides into bends, bellies,

shoulders or backs;

“sammying” means the removal of excess moisture from the fibers of the hides

and skins;

“Secretary of the Council” means the General Secretary of the

Council or anyone appointed to act in his place;

“Security Guard” means an employee engaged in guarding, protecting

or patrolling premises, including searching of vehicles and

persons;

“setting” means flattening, stretching and smoothing the grain of the leather by

squeezing out excess moisture;

“shaving” means the removal of any loose flesh fibres, and reducing the hide to

a specific substance;

“shift allowance” means the allowance payable to employees

employed to work shifts of less than 42 ordinary hours per

week and shift will have a corresponding meaning;

“sole rolling” means the compressing of loose fibres of the bend to the required

density, flattening the grain and creating a gloss/sheen;

“split sorter” means an employee who sorts and grades flesh splits for quality;

“splitting” means the splitting of limed or tanned hides into two layers, i.e. grain

and flesh split;

“spray gun mechanic” means an employee who repairs and maintains spraying

equipment in working condition;

“staking” means softening the leather by flexing the fibres and

flattening the creases by pummelling with vibrating staking

pins;

“stamping/piece marking” means embossing or imprinting

identification codes or details on components;

“Storeman and/or Warehouseman” means an employee who is in general

charge of stores and whose responsibilities and duties

include receiving goods into store, storing and handling of

such goods, delivery thereof to departments or for transit

and/or (un)packing within the store;

“stores assistant and/or warehouse assistant” means an employee who mainly

performs one or more of the operations referred to in the

definition of “Storeman and/or Warehouseman” under the

super-vision of a Storeman and/or Warehouseman;

“substance checking” means the checking of the substance of the grain split of

the limed hide in the required substance by means of a

substance gauge;

“sulphate painting” means the application of sulphate paint by hand or spray

applicator to fleshed side of skin or penetrating the flesh for

the purpose of loosening the hair follicles;

“tanning” means the processing of a de-haired, limed raw hide into a

permanent non putrefying wet blue, wet white or vegetable

tanned hide by means of a chemical process;

”Tanning Section”means that part of the leather industry in which employers

and employees are associated -

(a) for the tanning, dressing and fellmongering of hides

and skins; and

(b) (i) preparation of cured or uncured hides and/or

skins for tanning; for this purpose “preparation of hides

and/or skins for tanning” without detracting from its

ordinary or technical meaning, includes the following:

washing, soaking, fleshing, deburring, liming,

unhairing, dewooling, removing scales, deliming,

batting and pickling; and

(ii) tanning of cured or uncured hides and/or skins;

and/or

(iii) retanning and/or dyeing and/or drying and/or

softening and/or buffing and/or dressing

and/or finishing and/or laminating of leather

and/or combing and/or shearing and/or

ironing of hides and/or skins with the wool or

hair on; and

(iv) cutting of upholstery panels from leather:

Provided that, for the purposes of sub paragraphs (i) to

(iii), “hides and skins” include the following: pelts with or

without the fur on; sheep skins with or without the wool

on; game and goat skins with or without the hair on; all

types of reptile skins and bird skins with or without the

feathers attached.”

“template controller” means an employee who controls and co-

ordinates the issuing of press knives or patterns for cutting

component parts;

“toggling” means stretching and clamping the hide or skin on a frame

for the purpose of removing stretch and drying;

“tractor driver” means an employee engaged in driving a motor

vehicle designed for drawing other vehicles and not

carrying any load;

“trimming after shaving” means the removal of all loose hangings and fibres

around the perimeter of the hide or skin by hand;

“vacuum drying” means flattening, stretching and correcting moisture content

by means of a heat and vacuum process;

“wage” means the actual hourly rate that the employee receives

(excluding overtime, bonus and incentives) and will include

a premium where the employee is paid a premium.

“weekly wage” means the hourly rate prescribed in terms of this agreement

multiplied by the ordinary hours which an employee works in

terms of this agreement;

“wet blue sorter” means an employee who sorts and grades the wet blue hides

for quality;

“wool baling/packing” means the compressing of wool into bales by means of a

hydraulic press;

“wool drying” means the drying of washed wool by heat in a drying cabinet’;

“wool picking” means the removal of foreign matter from the wool prior to

washing;

“wool-skin processing” means the processing of skins with the wool on;

“wool washing” means the removal of any residue, dirt, grit and/or sand from

wool by means of washing in hot water.

4. EMPLOYEES

4.1 Prohibited Employment

(1) No employer in the Industry will employ a person under the age of 16.

4.2 Licensing of Learners

(1) An employer who employs a learner on splitting or shaving will obtain a

license from the Council by submitting an application on the prescribed

form.

(2) The Council will issue a license which will contain the learner’s name and

age, the operation on which he is employed, the wage rate payable to

him, the name of the employer and the period for which the license will

apply.

(3) The employer will provide the employee with a duplicate copy of the

license.

(4) To determine the wage rate of a learner, all his previous service in the

industry will be taken into account.

(5) The Council may withdraw a license by giving one week’s notice to the

employer and the employee.

(6) When the employee has completed his learnership, the Council will issue

a certificate to this effect to the employee.

5. HOURS OF WORK

5.1 Ordinary hours of work

(1) An employer may not require or permit an employee to work more than

42 ordinary hours per week.

(2) An employer and his employees may, however, negotiate at plant level

to extend the 42 ordinary hour working week to a 45 ordinary hour

working week.

(3) An employee who works shifts in an establishment where two or more

shifts are worked, may not be required or permitted to work more than

38 ordinary hours per week.

(4) The hours of work of a driver includes all periods of driving and all time

spent on other work connected with the vehicle or the load and all time

that he will remain with the vehicle and ready to work, but excludes

mealtimes.

(5) The starting and finishing times and variation of such times in each

section or department will be subject to the fluctuations of operational

requirements in the workplace.

5.2 Overtime hours

(1) An employer may require or permit an employee to work overtime not

exceeding 10 hours per week.

(2) An employer may extend the permitted overtime hours per week to a

maximum of 20 hours, provided that -

(a) prior consent is obtained from the relevant employees in the

particular section or department; and

(b) prior notification of at least 24 hours has been given to

employees required to work such overtime.

(3) Overtime in terms of subclause (2) is voluntary for all employees and no

employer may take disciplinary action against any employee who is not

able to work such overtime.

(4) Except in cases where he is required to perform emergency work, an

employee does not have to work overtime unless notice of such

overtime was given -

(a) (a) the day prior to overtime in terms of subclause (1); or

(b) 24 hours prior to overtime in terms of subclause (2).

5.3 Meal and other rest intervals

Meal intervals

(1) An employer may not require or permit an employee to work for more

than 5 hours continuously without a meal interval of at least an hour.

(2) An employer may reduce the meal interval to 30 minutes by obtaining

the agreement of at least 75% of his employees.

(3) Where an employer has reduced the meal interval in terms of

subclause (2), he will notify the District Committee for his area of such

reduction.

(4) Where an employer is required to give an employee a second meal

interval because of working overtime, such interval may be reduced to

15 minutes at the request of the employee.

(5) The meal interval in terms of subclauses (1), (2) and (4) will not form part

of the ordinary hours of work or overtime.

Rest intervals

(6) The following rest periods shall be allowed to each employee, and shall

be reckoned as time worked.

(a) Mondays to Saturdays, a period of not less than 10 minutes in

the morning, provided that one hour has been worked.

(b) Mondays to Fridays, a period of not less than ten minutes in the

afternoon: Provided that one hour has been worked after the

lunch interval: Provided further that, in the event of the

employer and not less than 75% of his employees agreeing not

to observe one or both of the rest intervals, such rest interval or

intervals may be dispensed with after a statement of such

agreement has been lodged with the District Committee for the

area concerned, and in that event, the ordinary hours of work

for each day shall be reduced pro rata: Provided further that

the time not taken as rest intervals shall nevertheless be

deemed to be part of the ordinary hours of work, and be paid

for as if such rest intervals had been observed.

The provisions of this clause do not apply to employees

engaged on shift work in terms of clause 5.4.

(7) An employer may do away with one or both of the rest intervals in terms

of subclause (6) by obtaining agreement from at least 75% of his

employees and may reduce the number of ordinary hours of work

accordingly.

(8) A statement of such agreement will be lodged with the District

Committee for the area before the employer may dispense with rest

intervals.

5.4 Shift-work

(1) Shift structures will be determined at plant level between the employer

and employees in the section or department concerned.

(2) Unless otherwise agreed at plant level between an employer and his

employees, the following conditions apply to the working of shifts:

(a) An employee working shifts may not be required or permitted to

work the same shift for more than one week continuously.

(b) An employee working night work may not be required or

permitted to remain on night work for more than two

consecutive weeks.

5.5 Short-time

(1) Short-time means a temporary reduction in the number of ordinary hours

of work as a result of a shortage of work and/or raw materials or a

general breakdown of plant or machinery or breakdown or threatened

breakdown of buildings, or any other unforeseen work-related

circumstances.

(2) Employees who are not required to work due to short-time will be

informed individually or by notice posted in the department or

departments where they work that short-time will apply and that their

services will not be required.

(3) An employer does not have to pay employees, except a Security Guard

and a driver, for the period that they are on short-time where:

(a) short-time is due to a shortage of work and/or raw materials,

and notice in terms of subclause (2) was given to them at least

the day before.

(b) short-time is due to a general breakdown of plant or machinery

or a breakdown or threatened breakdown of buildings caused

by accident or other unforeseen emergency, and notice in

terms of subclause (2) was given to them the day before. But

where notice was not given at least the day before he only has

to pay them for the first hour.

(c) short-time is due to foreseen market-related situations, and

notice in terms of subclause (2) was given to them at least 72

hours before.

(4) Where notice was not given to employees the day before that short-

time is to apply, and employees are present for work at the ordinary

starting time, they are entitled to be employed for at least a half-day or

receive half a day’s pay.

Where notice of short-time was not given to employees during the

morning and they are present for work in the afternoon, they are entitled

to be employed for at least two hours or be paid for two hours.

6. LEAVE

6.1 Annual leave

(1) (a) An employer will give his employees annual leave of not less than fifteen

(15) working days.

(b) An employer may, in line with operational requirements, and in

consultation with the affected employees and their trade union

representative/s, determine the scheduling of annual leave, provided

that the granting of annual leave in terms hereof will include at least the

five (5) working days occurring immediately prior to 1 January”.”.

(c) Employees who, on 1 July 1998, have had fifteen (15) or twenty (20)

years’ continuous service with the same employer, will be entitled to an

additional one (1) or two (2) days’ leave respectively in addition to the

fifteen (15) days prescribed annual leave.

(2) A notice in writing giving the provisional leave date, will be placed in the

workplace at least thirty (30) days in advance of such date. A further

notice will be placed in the workplace, advising of the closing and re-

starting dates fourteen (14) days in advance of the leave dates.

Payment for annual leave

(3) (3) An employee will be paid holiday pay in terms of subclauses (4) or (5),

before the last working day before annual leave commences.

(4) An employee who has completed twelve consecutive months work with

an employer will be paid holiday pay equal to his wages for fifteen

working days. In addition, an employee who qualifies for the additional

leave as provided for in subclause (1)(c), will be paid an additional one

or two days wages respectively. The pay for these days will be

calculated at one-fifth of the employee’s weekly wage for each day.

Employees who proceed on leave in terms of subclause (1)(b) will be

paid that pro-rata portion of the full leave allowance, or negotiate other

arrangements in terms of subclause (7).

(5) An employee who has not worked for 12 consecutive months with an

employer when annual leave starts or when the employee’s services are

terminated, will be paid one twelfth of the holiday pay for every month

worked.

(6) Any public holidays falling within the annual leave period will be added

to the annual leave as further paid leave. Payment for these public

holidays will be calculated in terms of the Public Holidays’ Act, 1994.

(7) An employer and his employees may, through negotiation, determine a

different arrangement at plant level in respect of any matter in

subclauses (1) to (6).

(8) An employee whose service is terminated during December and who

has worked for 11 consecutive months with the employer, will be paid

the full holiday pay, unless his service was terminated for any reason

recognised by law as sufficient to justify dismissal.

Calculation of holiday pay

(9) The wage that an employee was receiving before the holiday started or

before the employee’s service was terminated will be used for

calculation of holiday pay. The holiday pay for employees on shiftwork

will be calculated on the basis of a 42 hour week.

(10) Employment for 15 consecutive calendar days will be considered a

month for the purpose of calculating holiday pay.

(11) Continuous employment includes any period during which an employee

-

(a) is on annual leave;

(b) is absent from work on the instructions or at the request of his

employer;

(c) is absent from work due to illness; or

(d) is absent from work due to maternity leave.

(12) Where an employee is absent due to illness for more than 3 consecutive

days and cannot give the employer a medical certificate, or where the

employee is absent for longer than 30 days due to illness, subclause

(11)(c) will not apply.

(13) A female employee who is on maternity leave or goes on maternity

leave during the annual leave period, is entitled to holiday pay

calculated up until the date when she went on maternity leave. When

such an employee returns from maternity leave, she will be entitled to

the difference in the holiday pay which accrued during her absence on

maternity leave.

6.2 Public Holidays

(1) Public holidays will be granted in terms of the Public Holidays Act, No.36

of 1994.

(2) When a public holiday falls on a Sunday, the following Monday will be a

holiday.

(3) Where an employee works on a public holiday, he will be paid for his

time worked as well as the pay he would have received if he had not

worked.

(4) Where an employee’s service is terminated in the week in which Good

Friday falls, he will be entitled to payment for Good Friday and Family

Day, unless his service was terminated for disciplinary reasons.

(5) Where a public holiday falls on a Saturday and it is a normal working

day, employees will be paid in terms of Section 5.1(b) of the Public

Holiday’s Act, 1994.

6.3 Maternity Leave

(1) Female employees with not less than one year’s continuous service with

the same employer are entitled to maternity leave of 16 weeks,

beginning 4 weeks before the expected date of birth until 12 weeks

after the date of birth.

(2) An employee who will require maternity leave will give her employer a

medical certificate, indicating the expected date of birth, at least 3

months before such date.

(3) An employee who is on maternity leave will notify her employer whether

she will return to work after maternity leave and such notice will be given

4 weeks after the birth of the child. If she does not give such notice, the

employer may terminate her service without notice.

(4) An employee who returns to work after maternity leave is entitled to be

re-engaged on at least the prescribed rate of pay for the operation that

she worked on before she went on maternity leave, but her employer

does not have to re-engage her on the same operation.

6.4 Family Responsibility Leave

(1) This subclause applies to an employee:

(a) who has been in the employment of an employer for longer

than four months, and

(b) who works for at least four days a week for that employer.

During each annual leave cycle, an employer, at the request of

an employee, must grant the employee three days’ paid leave,

which the employee is entitled to take:

(c) when the employee’s child is born, provided that, in respect of

the mother, paid leave will be granted in terms of the maternity

provisions of the Sick Benefit Fund Agreement;

(d) when the employee’s child is sick, or

(e) in the event of the death of an employee’s spouse or life

partner; or the employee’s parent, adoptive parent,

grandparent, child, adopted child, grandchild or sibling.

(2) Subject to subclause (1), an employer must pay an employee for a

day’s family responsibility leave:

(a) the wage the employee would ordinarily have received for

work on that day; and

(b) on the employee’s usual pay day.

(3) An employee may take family responsibility leave in respect of the

whole or a part of a day.

(4) Before paying an employee for leave in terms of this clause, an

employer may require reasonable proof of an event contemplated in

subclause (1) for which the leave was required.

(5) An employee’s unused entitlement to leave in terms of this clause will

lapse at the end of the annual leave cycle in which it accrues.

6.5 Sick Leave

(1) “Sick Leave Cycle” means the period of 36 months employment with the

same employer immediately following -

(a) an employee’s commencement of employment; or

(b) completion of that employee’s prior sick leave cycle.

(2) During every sick leave cycle, an employee’s entitlement to paid sick

leave will be limited to ten(10) days per annum. This limitation will not

apply to employees whose incapacitation requires hospitalisation for a

period that exceeds ten (10) days. In such event, the provisions of the

Basic Conditions of Employment Act will apply.

(3) Despite subclause (2), during the first six months of employment, an

employee is entitled to one day’s paid sick leave for every 26 days

worked.

(4) During an employee’s first sick leave cycle, an employer may reduce

the employee’s entitlement to sick leave in terms of subclause (2) by the

number of days sick leave taken in terms of subclause (3).

(5) Subject to subclause (6), an employer must pay an employee for a

day’s sick leave -

(a) the wage the employee would ordinarily have received for

work on that day; and

(b) on the employee’s usual pay day.

(6) An agreement may reduce the pay to which an employee is entitled in

respect of any day’s absence in terms of this subclause if -

(a) the number of days paid leave is increased at least

commensurately with any reduction in the daily amount of sick

pay; and

(b) the employee’s entitlement to pay -

(i) for any day’s sick leave is at least 75% of the wage

payable to the employee for the ordinary hours the

employee would have worked on that day; and

(ii) for sick leave over the sick leave cycle is at least

equivalent to the employee’s entitlement in terms of

subclause (2).

(7) An employer is not required to pay an employee in terms of

subclauses (1) to (6), if the employee has been absent from work for

more than two consecutive days, or on more than two occasions

during an 8 week period, and, on request by the employer does not

produce a medical certificate stating that the employee was unable

to work for the duration of the employee’s absence on account of

sickness or injury.

(8) The medical certificate must be signed by a Medical Practitioner or

any other person who is entitled to diagnose and treat patients, and

who is registered with a professional Council established by an Act of

Parliament.

(9) If it is not reasonably practical for an employee who lives on the

employer’s premises to obtain a medical certificate, the employer

may not withhold payment in terms of subclause (7), unless the

employer provides reasonable assistance to the employee to obtain

the certificate.

(10) Subclauses (1) to (9) shall not apply to an inability to work caused by

accident or occupational disease as defined in the Compensation for

Occupational Injuries and Disease Act, 1994 (Act No 130 of 1993)

except in respect of any period during which no compensation is

payable in terms of the Act.

7. REMUNERATION

7.1 Wages and Wage Rates

(1) an employer will pay an employee at least the wages prescribed in

terms of Schedule 1 for the operation performed by the employee.

(2) The prescribed wages will be payable for a working week of 42 ordinary

hours, except in the case where an employer and is employees have

negotiated a 45 ordinary hour working week, or where employees are

engaged on shift-work as prescribed.

(3) Where an employee is engaged on night work, remuneration will be

payable for a working week of 42 hours plus 10% calculated on the

hourly rate.

(4) Shift allowances

Employees working shifts of less than 42 ordinary hours per week will be

paid as follows:

(a) Where the majority of ordinary hours fall between 06h00 and

14h00, the employee will be paid at his hourly rate as well as a

shift allowance of 8% per hour.

(b) Where the majority of ordinary hours fall between 14h00 and

22h00, the employee will be paid at his hourly rate as well as a

shift allowance of 12% per hour.

(c) Where the majority of ordinary hours fall between 22h00 and

06h00, the employee will be paid at his hourly rate as well as a

shift allowance of 14% per hour.

(5) Payment of wages

Wages will be paid in cash weekly during ordinary business hours and

not later than Friday, An employer and his employees may negotiate

at plant level to pay wages fortnightly, and/or to a different method of

payment. Where employees are paid in cash, wages will be placed in a

sealed envelope with the following details appearing on the outside in

indelible writing:

Employee ..........................................................

Hourly Rate ........................................................

Pay for work on Sundays.................................

Hours worked: ...................................................

(i) Ordinary hours ...................................

(ii) Overtime .............................................

Amount due ......................................................

Deductions ........................................................

P.A.Y.E.

Unemployment Insurance Fund ....................

Sick Benefit Fund ..............................................

Provident Fund .................................................

Insurance or Pension Fund .............................

Trade union subscriptions ...............................

Council levies ....................................................

Net earnings ......................................................

Employer ............................................................

Date ..............................................................

(6) Deductions

Deductions may not be made from an employee’s pay other than the

following:

(a) Where the employee was absent from work other than on the

instructions or at the request of his employer, a deduction

proportionate to his period of absence;

(b) With the written consent of the employee, for holiday,

unemployment, sick, insurance, pension funds or savings funds

(approved by the Council);

(c) Contributions and levies to the Council or Council Funds;

(d) For payment of money on behalf of an employee that an

employer is forced to make through a court order or legal

process;

(e) With written consent from the employee, deductions for any

trade union funds (only trade unions who are parties to the

Council);

(7) No premium for the training of an employee will be charged or

accepted by an employer, except in terms of a training scheme to

which an employer is legally required to contribute.

(8) Learners

An employee who is promoted to or re-engaged on an operation with a

higher prescribed rate of pay and for which a learnership scale is

prescribed will become a learner on that operation will be paid that

notch of the learnership scale which is immediately higher than the rate

on his previous operation.

(9) Premium wage rate

A premium is an amount, being the difference between an employee’s

actual hourly rate (excluding overtime, incentives and shift allowances)

and the prescribed hourly rate. An employee will be entitled to

continue receiving the premium while he is employed on the same

operation with the same employer, and such premium may not be

offset against any increases granted in terms of any amendments to this

Agreement.

(10) Remuneration due to a deceased employee

Where a dependant of a deceased employee can provide proof to an

employer of the death of the employee, the employer may pay any

wages still owing to such employee to the dependant. The estate of the

employee will not have any claim on the employer.

(11) Acting allowance

An employee who has to perform, for a temporary period, an operation

for which a higher wage is prescribed will be paid the higher rate for the

time worked on that operation. An employee who temporarily has to

perform an operation for which a lower rate is prescribed will be paid

the wage he received before working on that operation.

(12) Incentive schemes

Incentive schemes will be negotiated at plant level. A copy of the

agreement, signed by the employer and representatives of the majority

trade union, will be forwarded to the Secretary of the Council.

(13) Phasing In Period

Non party employers who previously operated outside the Council’s

geographical scope as at 8 February 2001, and who are paying wage

rates less than those prescribed in clause 7.1 of this agreement, will be

granted a concession allowing these employers to phase in the increase

of their wage rates to the level of those prescribed in clause 7 in terms of

the undermentioned timetable.

From 1 July 2001, 70% of the prescribed rate

From 1 July 2002, 80% of the prescribed rate

From 1 July 2003, 100% compliance with the prescribed rate.

Employers requiring further exemptions will have to apply for such in

terms of the provisions of clause 12.

(14) Fortnightly Payment Allowance

Where an employer and his/her employees have agreed at plant level

to pay wages fortnightly in terms of Clause 7(2), employees shall be paid

a non-‘contributory allowance’ of 0.3% of their prescribed rate for the

operation they perform at the time of implementation of such

agreement.

7.2 Overtime Rates

(1) An employee will be paid for overtime on the following basis:

(a) Employees who, in any pay-week, work before their usual

starting time, and/or after their usual finishing time Monday to

Saturday, will be paid their hourly rate plus 50% (fifty percent) for

such work.

(b) payment of the overtime rate will be subject to the employees

completing their ordinary hours of work for the pay-week.

(c) For the purpose of determining overtime work, where in any pay

week an employee is unable to complete his ordinary hours of

work for any one or combination of the following reasons:-

(i) participation in a protected strike;

(ii) working short-time;

(iii) attending training;

(iv) proceeding on or returning from leave authorised by

the employer;

(v) proceeding on or returning from maternity leave;

(vi) a public holiday; or

(vii) suffering an injury on duty or occupational disease;

but has worked before his usual starting time and/or after his

usual finishing time in such week, he will, despite the

provisions of clause 7.2(1)(b), be deemed to have

worked overtime and be paid accordingly.

(d) Where an employee works overtime on a Sunday, he will be

paid:

(i) at one and a third times his hourly rate and given a

days’ paid leave within seven days of such Sunday; or

(ii) where he worked less than 4 hours overtime, his basic

daily wage; or

(iii) where he worked more than 4 hours overtime, the

greater of -

(aa) double his hourly rate for the period

worked; or

(bb) double his basic daily wage.

(2) Where an employee is remunerated on a basis other than the time

worked by him, his ordinary hourly rate of remuneration for the purpose

of calculating his overtime will be calculated by dividing his total

remuneration for the prior three months or the total period of

employment, whichever is the shorter, by the number of hours actually

worked by him over the same period.

7.3 Holiday Bonus

(1) An employer will pay every employee who has completed twelve (12)

months employment a holiday bonus. Employees employed in the

automotive tanning industry will be paid a holiday bonus equal to fifteen

(15) days basic wage. Employees employed in the non-automotive

tanning industry will be paid a holiday bonus equal to eleven (11) days

basic wage. In the event of an employee not utilising his/her sick leave

entitlement in terms of clause 6.5(2), he/she will be entitled to an

additional bonus calculated as follows:

(a) an additional two days’ wages in respect of the first five (5) days

of sick leave not taken; and

(b) a further three (3) days in the event of an employee not utilising

the balance of his/her sick leave entitlement (five (5) days)

(2) The holiday bonus will be calculated on the hourly wage that the

employee was receiving at the commencement of annual leave.

(3) An employee who has not completed 12 months employment when the

establishment closes for the annual leave period will receive a

proportional amount of one-

twelfth of the holiday bonus for each completed month of employment.

(4) An employee who started working on the day after the annual leave

period, will be deemed to have been employed for 12 months if he is still

working for the same employer when the establishment closes for the

next annual leave period.

(5) An employee who is retrenched will be paid a proportional amount of

the holiday bonus for each month of employment completed,

calculated in terms of 7.3 (3).

(6) For the purpose of calculating the holiday bonus, employment for 15

consecutive calendar days is considered employment for a month.

7.4 Auto Tanning Industry Allowance

Employers in the automotive tanning industry will pay every employee a

fixed allowance as prescribed in Schedule 2.

8. ORGANISATIONAL RIGHTS

(1) Preferential treatment in the matter of employment will be given to

members of the trade unions.

(2) Officials of the trade unions will be given every reasonable facility by

employers to organise employees.

8.1 Deduction of trade union subscriptions

(1) An employee who is a member of a trade union party to the Council

may give an employer authorisation in writing to deduct the amount of

the trade union subscription from his wages.

(2) The employer will, as soon as possible after receiving such permission,

start deducting the trade union subscription and pay the amount so

deducted to the relevant trade union by the 7th of each month.

8.2 Shop stewards

(1) Members of trade union parties to the Council will be entitled to elect

one or more shop stewards in a workplace in terms of section 14(2) of

the Labour Relations Act, No.66 of 1995.

(2) An employer will give full recognition to such shop stewards and provide

them with reasonable meeting facilities.

(3) An employer will consult with these shop stewards on matters relating to

disagreement and to the working conditions of the employees

generally.

Paid time off

(4) Shop stewards elected in terms of subclause (1) are entitled to eight (8)

days paid leave per year for the purpose of attending training courses

or Council meetings. In addition, shop stewards who are elected office

bearers at regional or national level are entitled to an additional two (2)

days paid leave to attend to their union organisational duties.

(5) Shop stewards at the same workplace may pool their leave entitlement

for use by one or more shop stewards in the same workplace.

(6) Where a shop steward vacates his office for any reason, the shop

steward elected in his place will only be entitled to the balance of

leave.

8.3 Trade Union representatives on the Council

(1) Employers will give any of their employees who are representatives on

any Committee of the Council every facility to attend to their duties in

this regard.

8.4 Balloting

Employers shall grant balloting facilities at the workplace subject to

reasonable prior notification by the union concerned.

9. TERMINATION OF EMPLOYMENT

9.1 Notice

(1) An employer or employee will give at least one week’s notice in writing

of their intention to terminate their contract of employment. Such

notice will consist of 5 working days and will take effect from the date on

which it is given. They may agree to a longer notice provided that the

period of notice apply equally to both employer and employee.

(2) Shorter notice is possible in the following circumstances:

(a) An employee may give notice of one day where he has been

working short-time for more than two consecutive days in a

week.

(b) An employer or employee may give notice of one day during

the first two weeks of employment of an employee who has no

previous experience in the industry.

(3) An employer who does not need the employee to work during the

notice period may pay him instead of notice.

(4) The notice period may not fall within the annual leave period.

(5) An employee who is dismissed without notice will be paid a full week’s

pay instead of notice, unless the employee was dismissed for a cause

recognised by law as sufficient.

(6) By notifying the employee and the Council in writing, an employer will

be entitled to summarily terminate the contract of employment without

notice where an employee has been absent from work due to illness for

periods in excess of

(a) 45 consecutive days in the case of employees with up to 3 years

service;

(b) 60 consecutive days in the case of employees with between 3

and 5 years experience;

(c) 90 consecutive days in the case of employees with more than 5

years experience;

Provided that an employee will only qualify for these lengthy

periods of absence where a valid medical certificate was

produced to the employer within the first five working days

of illness. An employer will furthermore be entitled to

temporarily replace the services of an employee who is

absent due to illness and to terminate the services of such

temporary employee by giving notice in terms of subclause

(1) above.

9.2 Severance Pay

(1) Where an employee’s services are terminated for operational reasons

the employer will pay him severance pay of one week’s pay for each

completed year of service with the same employer. However, where

the termination is due to a plant or departmental closure or the

relocation of an establishment, severance pay will be negotiated at

plant level.

9.3 Service Certificates

(1) An employer will issue an employee leaving his service with a service

certificate in the form of Annexure A.

(2) The employer will keep a copy of every service certificate and forward a

further copy to the Council.

(3) Before employing an employee, an employer will require that he

produce a service certificate in the form of Annexure A from his previous

employer or a certificate from the Council as proof of his previous

experience.

10. GENERAL

10.1 Insurance of Wages in case of Fire

(1) An employer will be insured with a registered insurance company

against the loss of wages due to fire.

(2) The policy will be for an amount of one week’s wages for all his

employees.

(3) On a request from the Council, the employer will produce a certificate

within 14 days from the insurance company certifying that he is covered

in terms of the requirements of this subclause.

(4) Should the employer be unable to insure the employees’ wages in terms

of this clause, he will, within two months of this agreement coming into

operation or within two months of commencing business in the Industry,

lodge with the Council an amount equal to one weeks’ wages of his

employees.

Money lodged with the Council in terms hereof will be invested in a

special trust investment account and remain the property of the

employer until paid to employees. Any

interest accruing to the money so invested will accrue to the general

funds of the Council.

10.2 Clothing and Tools

(1) An employer will supply an employee free of charge with all necessary

protective clothing and tools.

10.3 Calculation of Contributions and Levies to Council or Council Funds

(1) Contributions and levies to the Council will be calculated on weekly

earnings, which will be determined by using the prescribed hourly rate of

an employee multiplied by 42.

(2) The provisions of subclauses (1) and (2) of clause 5, Council Funds, of the

Administration Expenses Collective Agreement, published under

Government Notice R.1320 of 6 November 1998, and re-enacted under

Government Notice R.430 of 12 May 2006, will be observed by all

employers and employees engaged in the tanning section of the leather

industry on operations set forth in paragraphs (2) and (9) of the definition

“Leather Industry” of the said Agreement. In terms of clause 5(1) of the

said Agreement, the levy payable is calculated at 0.45% of the

employee’s weekly wage rate.

10.4 HIV/AIDS

Employees will be granted a paid thirty (30) minute break preceding or

following upon their meal break on 1 December (World Aids Day) for the

purpose of commemorating this event, provided that the employer is

given at least 2 weeks prior notification of the programme that will be

followed during the period of commemoration.

11. PLACE OF EMPLOYMENT

(1) No employer will require an employee to perform work in the Industry in

any place other than his regular establishment, unless an employer and his

employees determine a different arrangement at plant level.

(2) An employee will not work for more than one employer during the same

working week.

12. EXEMPTIONS

(1) Any party falling within the Council’s registered scope may apply to the

Bargaining Council for exemption from any or all the provisions of this

agreement.

(2) All applications for exemption from any of the provisions of this Agreement

must be in writing on an application form as provided by the Council, and

lodged with the local office of the Council for consideration by the District

Committee of the area concerned, or the National Exemptions

Committee.

(3) The District Committee or National Exemptions Committee will hear and

decide applications for exemption in a manner it considers appropriate to

determine the application fairly and quickly, which may be limited to a

consideration of written motivation, or may include the hearing of

evidence and arguments.

(4) Exemption Criteria: The District Committee and National Exemptions

Committee, when considering an application, must take into account the

following criteria (the order not indicating any form of priority):

(a) any written and/or verbal substantiation provided by the

applicant;

(b) fairness to the employer, its employees and other employers and

the employees in the industry;

(c) whether an exemption, if granted, would undermine this

Agreement or the collective bargaining process;

(d) whether it will make a material difference to the viability of a new

business, or a business previously outside the jurisdiction of the

Council;

(e) unexpected economic hardship occurring during the currency of

the Agreement, and job creation and/or loss thereof.

(f) the infringement of basic conditions of employment rights;

(g) the fact that a competitive advantage might be created by the

exemption;

(h) comparable benefits or provisions where applicable;

(i) the applicant’s compliance with other statutory requirements

such as the Occupational Injuries and Diseases Act or

Unemployment Insurance; or

(j) any other factor which is considered appropriate.

(5) The District Committee or National Exemptions Committee, on approving

an application, must within fourteen days advise the applicant of such

decision, and issue a Licence of Exemption, setting out the following:

(a) The full name of the person or enterprises concerned;

(b) the provisions of this agreement from which the exemption has

been granted;

(c) the conditions subject to which exemption is granted;

(d) the period of exemption;

(e) the date from which the exemption shall operate.

(6) The District Committee or National Exemptions Committee may, on good

cause shown, give the holder of a licence of exemption one week’s

notice of withdrawal of the exemption granted.

(7) The District Committee or National Exemptions Committee, on not

approving an exemption or part of an exemption, must advise the

applicant(s) within fourteen (14) days of the date of such decision,

providing the reason or reasons for not granting the exemption.

(8) Appeals: An independent body entitled the “Independent Appeal Body”,

will be appointed in accordance with the provisions of section 32(3)(e) of

the Act to hear and decide any appeal brought by a party or non party

against:

(a) the District Committee or National Exemption Committee’s refusal

of an application for exemption from the provisions contained in

this agreement: or

(b) the withdrawal of an exemption by the District Committee or

National Exemptions Committee.

(9) The Council or District Secretary will, on receipt of a written application for

an appeal, forward the application, together with the original application

for exemption and all supporting documents to the Independent Appeal

Body for a decision.

(10) The Independent Appeal Body will hear and decide appeals in a manner

it considers appropriate to determine the application fairly and quickly,

which may be limited to a consideration of written motivation, or may

include the hearing of evidence and arguments.

(11) The Independent Appeal Body must consider all applications with

reference to the criteria in subclause (4).

(12) The Independent Appeal Body will advise the Council and the

applicant(s) of their decision within fourteen (14) day, providing full

reasons for the decision. Should the Independent Appeal Body reverse

the decision of the District Committee or the National Exemptions

Committee, the Council must issue the Applicant with a Licence of

Exemption in accordance with subclause (5).

In the event of a party or non-party appealing against the District

Committee or National Exemptions Committee’s decision, such party or

non-party may, at the Independent Appeal Body’s discretion, be liable for

payment of costs incurred by the Council in the event of the Independent

appeal Body upholding the District Committee or National Exemptions

Committee’s decision.

13. DISPUTE RESOLUTION

(1) The Secretary of the Council may at any time require a Designated Agent to

monitor compliance with the provisions of this agreement.

(2) Any person may lodge a complaint or refer a dispute about the interpretation,

application or enforcement of this Agreement to the Secretary of the Council for

resolution in terms of this Agreement.

(3) The Secretary of the Council may require a designated agent to investigate the

complaint or dispute.

(4) The designated agent will investigate the facts surrounding the dispute and if the

agent has reason to believe that a collective agreement has been breached, the

agent may endeavour to secure compliance with the agreement through

conciliation.

(5) The designated agent must submit a written report to the Secretary on the

investigation, the steps taken to secure compliance and the outcome of those

steps.

(6) If in the course of performing a designated agent’s duties, an agent discovers

what appears to be a breach of the Agreement, the agent:

(a) may investigate the alleged breach;

(b) may endeavour to secure compliance with the Agreement; and

(c) must submit a report to the Secretary on the

investigation, the steps taken to secure compliance and the outcome of

those steps.

(7) On receipt of the report, the Secretary may:

(a) require the designated agent to make further investigations;

(b) if further conciliation is indicated, appoint a conciliator from the Council’s

panel of conciliators;

(c) refer the dispute for conciliation to the Disputes Committee of the Council;

(d) issue a compliance order; or

(e) refer the dispute to arbitration in terms of this Agreement.

(8) If a conciliator is appointed or the dispute is referred to the Disputes Committee,

the Secretary must decide the date, time and venue of the conciliation meeting

and must serve notices of these particulars on the parties to the dispute.

(9) Where a dispute is referred to conciliation, the conciliator or disputes committee

must attempt to resolve the dispute within a period of 30 days or within an

extended period as agreed by the parties to the dispute.

(10) Where a dispute is not resolved after a conciliation meeting, or

after 30 days, or after any extended period as agreed between the

parties, the Council must issue a certificate stating that the dispute was

not resolved.

(11) Where the Act requires a dispute to be resolved through arbitration and a

certificate has been issued in terms of (10), any party may request the Council to

appoint an arbitrator to resolve the dispute. Such request must be made within 30

days of the date of the certificate issued in terms of (10). The parties to the dispute

may agree to extend this period or the arbitrator may condone a late referral on

good cause shown.

(12) If a compliance order is issued, that order must be served on the party allegedly in

breach of the Agreement.

(13) The party on whom the order is served may object in writing. The objection must

be served on the Council within 14 days service of the order.

(14) If a party objects, the Secretary may take any of the steps referred to in sub-clause

(7) except the issue of another compliance order.

(15) If a party fails to object, the Secretary may, at any time, apply

to have the order made an arbitration award.

(16) If the dispute is referred to arbitration, the Secretary must

appoint an Arbitrator from the Council’s Panel of Arbitrators. Arbitrators serving on

the panel shall be appointed to arbitrate matters on a rotational basis, unless the

parties to the dispute agree upon an Arbitrator from the panel, with the next

available Arbitrator being appointed should any panel member(2) not be

available in terms of such rotation.

(17) The Secretary, in consultation with the arbitrator, must decide the date, time and

venue of the arbitration hearing.

(18) The Secretary must serve notices of the date, time and venue of the arbitration on:

(a) the parties to the dispute;

(b) any person who may have a legal interest in the

outcome of the arbitration.

(19) Unless this agreement provides otherwise, the Arbitrator must resolve the dispute

through arbitration.

(20) The arbitrator must conduct the arbitration in a manner that the arbitrator

considers appropriate in order to determine the dispute fairly and quickly, but must

deal with the substantial merits of the dispute with the minimum of legal formalities.

(21) Subject to the arbitrator’s discretion as to the appropriate form of the

proceedings, a party to the dispute, including the Council, may give evidence,

call witnesses, question witnesses of any other party, and address concluding

arguments to the arbitrator.

(22) The arbitrator may suspend the arbitration proceedings and attempt to

resolve the dispute through conciliation if the Council and the parties to the

dispute consent to this.

(23) In any arbitration proceedings, a party to the dispute may appear in person or be

represented by a legal practitioner, a co-employee or by a member, office-bearer

or official of that party’s trade union or employers’ organisation and, if the party is

a juristic person, by a director or employee.

(24) If the party who referred the dispute to the Council fails to appear in

person or to be represented at the arbitration proceedings, the arbitrator may

dismiss the matter.

(25) If a party, other than the party who referred the dispute to the Council, fails

to appear in person or be represented at the arbitration proceedings, the

arbitrator may-

(a) continue with the arbitration proceedings in the absence of that party; or

(b) adjourn the arbitration proceedings to a later date.

(26) The Secretary may refer disputes to expedited arbitration if the Secretary is satisfied

that-

(a) a compliance order has been issued and the party on whom the order

has been issued has not objected to the order;

(b) the dispute is capable of being determined by written evidence only;

(c) the dispute is only about the interpretation of the Agreement; or

(d) the parties to the dispute agree.

(27) Notwithstanding the provisions of sub-clause (23), the arbitrator may determine the

dispute and make the compliance order an award without hearing oral evidence

if the arbitrator is satisfied that-

(a) the parties have been properly served; and

(b) it is appropriate in the circumstances to do so.

(28) Within 14 days of the conclusion of the arbitration proceedings-

(a) the arbitrator must issue an arbitration award with reasons signed by the

arbitrator; and

(b) the Council must serve a copy of that award on each party to the

dispute.

(29) On good cause shown, the Secretary of the Council may extend the period in

which the arbitration award and the reasons are to be served and filed.

(30) The arbitrator may make any appropriate award, including an order for costs, that

gives effect to the collective agreement.

(31) An arbitrator may at his or her own initiative or as a result pf an application by an

affected party, vary or rescind an award-

(a) erroneously sought or made in the absence of any party affected by the

award;

(b) in which there is ambiguity, or an obvious error or omission, but only to the

extent of that ambiguity, error or omission; or

(c) granted as a result of a mistake common to the parties to the

proceedings.

(32) The Secretary of the Council may apply to make the arbitration award an

order of the Labour Court under section 158(1) of the Labour Relations Act.

(33) The provisions of this dispute procedure stand in addition to any other legal

remedy through which the Council may enforce a collective agreement or

recover any money due.

(34) (a) If the Arbitrator finds that any party has failed to comply with any provision

of the collective agreement which is binding on that party, the Arbitrator

may, in addition to any other appropriate order, impose a penalty.

(b) The maximum penalty that the arbitrator may impose for a failure to

comply with any provision of the collective agreement -

(i) not involving a failure to pay an amount due to an employee/

party in terms of any provision is the penalty determined in terms

of Table One or Table Two;

(ii) involving a failure to pay an amount due to an employee/party, is

the greater of the amount determined in terms of Table One or

Table Two.

TABLE ONE

MAXIMUM PERMISSIBLE PENALTY NOT INVOLVING AN UNDERPAYMENT

No previous failure to comply R100 per employee in respect of whom

the failure to comply occurs

A previous failure to comply in respect of the

same provision

R200 per employee in respect of whom

the failure to comply occurs

A previous failure to comply within the

previous 12 months or two previous failures to

comply in respect of the same provision

within three years

R300 per employee in respect of whom

the failure to comply occurs

Three previous failures to comply in respect of

the same provision within three years

R400 per employee in respect of whom

the failure to comply occurs

Four previous failures to comply in respect of

the same provision within three years

R500 per employee in respect of whom

the failure to comply occurs

TABLE TWO

MAXIMUM PERMISSIBLE PENALTY INVOLVING AN UNDERPAYMENT

No previous failure to comply 25% of the amount due, including any

interest owing on the amount at the date

of the order

A previous failure to comply in respect of the

same provision within three years

50% of the amount due, including any

interest owing on the amount at the date

of the order

A previous failure to comply in respect of the

same provision within a year, or two previous

failures to comply in respect of the same

provision within three years

75% of the amount due, including any

interest owing on the amount at the date

of the order

Three previous failures to comply in respect of

the same provision within three years

100% of the amount due, including any

interest owing on the amount at the date

of the order

Four or more previous failures to comply in

respect of the same provision within three

years

200% of the amount due, including any

interest owing on the amount at the date

of the order

14. ADMINISTRATION OF THE AGREEMENT

(1) The Council is responsible for the administration and enforcement of this

agreement and may issue expressions of opinion not inconsistent with

this agreement as a guideline to employers and employees.

(2) The Council may appoint one or more agents to assist in giving effect to

this agreement.

(3) An employer will permit such agents to enter the workplace and make

such inquiries and examine such books, documents, wage records, pay

envelopes and pay tickets and to question any individual necessary to

determine whether the agreement is complied with.

15. PROHIBITION OF PLANT LEVEL

BARGAINING

Unless this Agreement provides otherwise, the Bargaining Council will be the only

forum for negotiating matters contained in this Agreement. Accordingly, all

employers and employees to whom this Agreement is applicable may not

renegotiate any of the conditions contained in this Agreement at company or

plant level, irrespective of whether there is a valid recognition agreement in

force between a trade union and an employer during the currency of this

Agreement, or subsequent period of extension.

16. AMENDMENTS TO THIS AGREEMENT

(1) Other than amendments to provisions relating to substantive terms and

conditions of employment, amendments to this Agreement may be

requested by any party to this Agreement during any period up to 30

June 1999, subject to the following:

(a) Doubt or a dispute over the interpretation or application of the

part requested to be amended must exist.

(b) Such doubt or dispute must be as a consequence of the

parties’ attempts at the rewording of such part during the

simplification exercise, and

(c) The doubt or dispute must be capable of being resolved by

reference to the wording of the part in question as it had existed

in terms of the Agreement prior to the simplification exercise.

(2) Any such dispute or request for amendment will be referred to the

Management Committee of the Council for resolution.

(3) The Management Committee will resolve the relevant dispute by -

(a) reverting back to the wording of the part in the Agreement prior

to the simplification process; or

(b) by a consensual amendment of the wording of the part to give

effect to the true meaning of the part.

15. AGENCY SHOP AGREEMENT

(1) An agency shop agreement is hereby introduced in terms of section 25

of the Labour Relations Act, 1995. The object of this agreement is to

ensure that all employees who receive the benefits of collective

bargaining contribute towards its costs.

(2) Subject to the provisions of this clause, a levy to be known as an

“Agency Fee” will be deducted from the wages of all employees who

are employed in positions for which wages are prescribed in the tanning

sector collective agreement, and who are not members of the trade

unions who are parties to the National Bargaining Council of the Leather

Industry of South Africa.

(3) Despite the provisions of this agreement, all prescribed employees who

are not members of the trade unions remain eligible for membership of

the trade unions.

(4) In the event of any non member electing to join either of the trade

unions, such employee will be exempted from the agency fee, and will

be transferred to the applicable trade union membership. Trade union

membership fee deductions will then commence against the wages of

such employee.

(5) No employee who is covered by the tanning sector collective

agreement will be compelled to become a member of the trade

unions.

(6) The agency fee shall be equal to 1% (one percent) but not exceeding

R10,50 of the employee’s basic weekly wage.

(7) (a) The agency fee so calculated and deducted from the

employee’s basic wage will be paid monthly to the General Secretary

of the National Bargaining Council of the Leather Industry of South

Africa, P O Box 3959, North End, 6056, Port Elizabeth, or at any other such

address the Council may decide from time to time, by no later than the

fifteenth (15th) day of the following month.

(b) The General Secretary (or any other duly designated

Council employee) will deposit monies received in

terms of sub clause 7(a) into a banking account

administered by the Council.

(c) The General Secretary will, at the end of each month,

transmit to the trade unions which are parties to the

Council, the agency monies received for the preceding

month in proportion to their representation in the

tanning sector. A conscientious objector may request

an employer to pay the agency fee deducted from his

wages into a fund administered by the Department of

Labour.

(d) The trade unions will, on receipt of the agency fees

from the Council, deposit such amounts into separate

accounts and administer same.

(8) When transmitting payments in terms of sub clause 7(a), the employer

will submit a list of the employees from whose wages the agency

fee has been deducted.

(9) The list submitted in terms of sub clause (8) must reflect the following:

(i) Name, surname and work number of contributor;

(ii) Weekly wage of contributor;

(iii) Agency fee deducted.

(10) No agency fee deducted may be –

(a) paid to a political party as an affiliation fee;

(b) paid as a contribution in cash or kind to a political party or a

person standing for election to any political office; or

(c) used for any expenditure that does not advance or protect the

socio economic interests of employees.

(11) This agreement will terminate if the trade unions are no longer

representative within the tanning sector. In the event of this

occurring, the employer must give the trade unions written notice of

their lack of representation, and allow them 90 days from the date

of notification to establish that they are representative. If the trade

unions fail to establish their representation within the 90 day period,

the employer must give the trade union and the employees

covered by the agency shop agreement 30 days’ notice of

termination, after which period the agreement will terminate.

(12) In the event of this agency shop agreement being terminated, the

provisions of section 98, 100(b) and (c) of the labour Relations Act

1995 will apply in terms of subclauses 7(c) and 10.

24 Jan 2011 (updated)