What workers and employers should know

1 1 What workers and employers should knowabout minimum wages and conditions of employmentWhat workers and employers should know aboutminimum wages and conditions of employment in theCivil Engineering SectorThe conditions of work and prescribed minimum wages in theCivil Engineering SectorThis document briefly covers some of the important provisions in the SectoralDetermination. A copy of the Sectoral Determination is available on theDepartment of Labour s website: Who is covered?This Sectoral Determination shall apply to every employer and worker in the CivilEngineering Sector in the Republic of South Africa, excluding any worker who isemployed as a Manager or in a position more senior than that of the Manager,foreman or technical, professional and administrative is the purpose of the Sectoral Determination?

2 It provides the conditions of employment in the Civil EngineeringSector such as: Wages Hours of work Averaging hours of work Inclement weather Overtime Leave Bonus Cross border allowance Procedure to be followed on termination of does the law say about wages?The Sectoral Determination provides a single minimum wage for workers in theCivil Engineering Sector as per Table 1: Minimum wages for workers in the Civil Engineering Sector Table 2: Job categories for workers in the Civil Engineering Sector3 GradeRates from 1 September 2009 31 August 2010 Task Grade 1/Patterson Grade 2/Patterson Grade 3/Patterson Grade 4/Patterson Grade 5/Patterson Grade 6/Patterson Grade 7/Patterson Grade 8/Patterson Grade 9/Patterson GradeOccupationalgroupJob TitleTask Grade 1/Patterson A1 General WorkerGeneral WorkerTask Grade 2/Patterson A2 Artisan AidArtisan AidConstruction HandGrade IVStructures Construction HandPremix Paving CheckerSteel Bending Machine OperatorCivil Construction Bricklayer Grade IIOperator Grade VBoom Scraper OperatorPedestrian Roller OperatorChecker Checker Chainman Chainman Task Grade 3/Patterson A3 Construction HandGrade IIIS hutterhand Grade IIIC oncrete Hand Grade 11 Operator Grade IVTrack Rig Operator

3 (general)Bore Pile OperatorDrilling SupervisorSite Support Junior Clerk4 Task GradeOccupationalgroupJob TitleTask Grade 4/Patterson B1 Construction HandGrade IIShutterhand Grade II Reinforcing Hand Grade IIConcrete Hand Grade IFence ErectorGuard Rail ErectorOperator Grade IIIC oncrete Mixer OperatorContinuous Flight Auger OperatorBatch Plant OperatorConcrete Dumper OperatorConcrete Pump OperatorTower Crane OperatorGeneral Premix Roller OperatorMilling Machine OperatorPaver OperatorExcavator OperatorFront End Loader OperatorTLB OperatorDozer OperatorGrader Operator (general)Gunite NozzlemanDriver Grade IIMotorcycle DriverTractor DriverLight Motor Vehicle DriverDriver OperatorHeavy Duty Driver (rigid)Extra Heavy Duty Driver (rigid)Site SupportMaterial TesterCalculation of wagesWages are calculated using ordinary hours of work: Daily wage divided by ordinary hours worked in a day = hourly wage Weekly wage divided by ordinary weekly hours = hourly wage Monthly wage divided by = weekly of remunerationMust be paid.

4 In South African currency In cash or cheque or direct payment in the bank account Daily, weekly, fortnightly or monthly At the workplace during working hours On a normal pay day agreed to by the GradeOccupationalgroupJob TitleTask Grade 5/Patterson B2 Construction HandGrade 1 Shutterhand Grade IPiling Auger Machine OperatorReinforcing Hand Grade IPipelayer Grade IKerblayer Grade ICivil Construction Bricklayer Grade I Operator Grade IIMobile Crane OperatorScreed OperatorScraper OperatorDriver Grade IHeavy Duty Driver (articulated)Extra Heavy Duty Driver (articulated)Site SupportAssistant surveyorTask Grade 6/Patterson B3 Operator Grade IGrader Operator (final level)Task Grade 7/Patterson B4 Supervisor Grade IIPlant ServicemanTask Grade 8/Patterson B5 Supervisor Grade ITask Grade9/Patterson C1 ArtisanDiesel Mechanic, Fitter and Turner, AutoElectrician, Boilermaker, concerning payEvery worker must receive, on payday, a payslip showing: employers name and address Worker s name and occupation Period for payment Worker s wage and overtime Hours worked Overtime worked Hours worked and pay for Sunday and Public Holidays Wage Any other pay Deductions Net payslip is the property of the acts concerning payPermissible deductions.

5 Medical insurance Savings Pension or provident fund Trade union subscription Order of account payment to a registered financial institution Loan which will not exceed one third of the total typical construction site where numerous activities are taking not allowed: Amount greater than the actual remuneration received Uniform Protective clothing Training of workA worker in the Civil Engineering Sector is not required to work morethan: 45 hours per week Nine hours in any day if the worker works for five days or less in a week Eight hours in any day if the worker works more than five days in a weatherThe employer must pay a worker during inclement weather as follows: September 2009:6 Hours/day September 2010:7 Hours/day September 2011:8 Hours/day September 2012:9 is important to note regarding overtime?

6 Overtime should be paid at one-and-a-half times the worker s wage forovertime worked. An agreement may provide for an employer to pay a workernot less than the ordinary wage for overtime worked and give the worker atleast 30 minutes time off on full pay for each hour interval A worker must have a meal interval of one hour after five hours of continuouswork A worker can only perform duties that cannot be left unattended and cannotbe performed by another worker and must be paid for such work No deduction shall be made in respect of a meal interval to reduce themonthly type of leave is a worker entitled to? There are four types of leave: annual leave, sick leave, family responsibilityleave and maternity are the conditions regarding annual leave? workers are entitled to three weeks leave per annual cycle.

7 After a completedperiod of 12 months of employment, a worker is entitled to 15 working daysleave on full pay of which 10 days shall be taken consecutively, especiallyduring the Civil Engineering shut-down period and the remaining days shall begranted at the time agreed by the worker and his or her is important to note regarding sick leave? The sick leave cycle is 36 months based on the number of days worked over asix-week are the conditions regarding family responsibility leave? workers are entitled to three days per annual cycle if the worker has beenemployed by an employer for longer than four months and who work at leastfour days a week for that are the conditions regarding maternity leave? Maternity leave is a four-month period, which starts four weeks before theexpected date of birth.

8 A worker may only resume work six weeks after thebirth of a child; unless a medical practitioner certifies that the worker maybegin to work and public holidays Can only be worked per agreement If the public holiday falls on the day on which a worker would ordinary work,an employer must pay a worker who does not work at least the normal wagefor that day If a worker works on the public holiday, the worker must be paid at leastdouble the rate for that day worked If a worker works on the Sunday, the worker must be paid:- If the worker works for a period not exceeding four hours, not less thana daily wage- If the worker works for more than four hours, a rate not less than a double clothing The employer shall supply and maintain in serviceable condition, free ofcharge any protective clothing that is required by any law that it should beprovided, and such property shall remain the property of the are the key issues regarding a bonus?

9 employers must pay an annual bonus as follows: December 2009: 17 days pay December 2010: 18 days pay December 2011: 19 days pay December 2012: 20 days pay. Cross border allowanceAn employer may require or permit a worker to perform cross border work ifthere is an agreement. The employer must pay a worker an allowance. The termsof the agreement must not be less favourable than stated in the Basic Conditionsof Employment Act, No. 75 of of child labour and forced labour No person may employ a child in the Civil Engineering Sector who is under 15years of age All forced labour is prohibited. Termination of employmentHow should termination of employment be conducted?Either party may terminate the employment relationship. 9 Users of expensive equipment should be well worker can challenge unfair dismissals in terms of chapter VIII of the LabourRelations Act, records must be kept?

10 An employer is required to give a worker a payslip and written particulars Every worker must get a payslip. Copies of the payslips must be kept for three years as it will serve as proofthat the employer has complied with the monetary provisions of the to be on a the payslip: Employer s name and address Worker s name and occupation Worker s wage rate and overtime rate10 workers should be encouraged to always treat equipment of the company they work for withthe neccessary respect. Payment in respect of which payment is made Number of ordinary hours worked by a worker during that period Number of overtime hours worked by the worker during that period Number of hours worked by the worker on a paid holiday or on a Sunday The worker s wage Details of any other pay arising out of the worker s employment Details of any deductions made Worker s registration number with the Unemployment Insurance Fund andProvident Fund Actual amount paid to the particulars of employmentAn employer must provide a worker with written particulars of the worker with written particulars of employment will assist when anydisputes arise.