Chapter Seven: Variation of Basic Conditions of Employment
49. Variation by agreement

 

 

images\btn_referenced_by_90.gif

 

1)       A collective agreement concluded in a bargaining council may alter, replace or exclude any basic condition of employment if the collective agreement is consistent with the purpose of this Act and the collective agreement does not--

a)       reduce the protection afforded to employees by sections 7, 9 and any regulation made in terms of section 13;

b)       reduce the protection afforded to employees who perform night work in terms of section 17(3) and (4);

c)       reduce an employee's annual leave in terms of section 20 to less than two weeks;

d)       reduce an employee's entitlement to maternity leave in terms of section 25;

e)       reduce an employee's entitlement to sick leave in terms of sections 22, 23 and 24;

f)        conflict with the provisions of Chapter Six.

 

2)       A collective agreement, other than an agreement contemplated in subsection (1), may replace or exclude a basic condition of employment, to the extent permitted by this Act or a sectoral determination.

 

3)       An employer and an employee may agree to replace or exclude a basic condition of employment to the extent permitted by this Act or a sectoral determination.

 

4)       No provision in this Act or a sectoral determination may be interpreted as permitting--

a)       a contract of employment or agreement between an employer and an employee contrary to the provisions of a collective agreement;

b)       a collective agreement contrary to the provisions of a collective agreement concluded in a bargaining council.