Unless the context indicates otherwise, any expression which is used in this determination and which is defined in the Basic Conditions of Employment Act, 1997 has the same meaning as in that Act; further, unless inconsistent with the context-
means employees who are charged by the employer with the performance of work entailing responsibility for taking decisions of an administrative nature in the conduct of any activity;
means all employees other than security guards;
means an employee who is employed by the same employer on not more than 18 consecutive work days;
means an employee who is engaged in driving a motor vehicle, and for the purpose of this definition the expression "driving a motor vehicle" includes all periods of driving and any time spent by the driver at work connected with the vehicle or the load and all periods during which the employee is obliged to remain at his or her post in readiness to drive;
means any work which owing to unforeseen circumstances such as fire, storm, land subsidence, accident, epidemic, act of violence, theft, a breakdown of plant, motor vehicles or machinery or a breakdown or threatened breakdown of structures, or any critical operational requirement, that must be done without delay;
means any premises or construction site or part thereof in, on or in connection with which one or more employees are employed in the Civil Engineering Industry;
means an employee who is in charge of employees in an establishment or section of an establishment, who exercises control over such employees, and who is responsible for the efficient performance by them of their duties;
means an employee whose remuneration is calculated on an hourly basis notwithstanding the frequency of the payment thereof, and who is not a salaried employee;
includes the common law;
means a ‘local government body’ as defined in the Local Government Transition Act, 1993;
means an employee who is charged by the employer with the overall supervision over, responsibility for, and direction of the activities of an establishment or a department of an establishment and the employees engaged therein;
means a power-driven self-propelled vehicle which is designed or adapted principally for the conveyance ‘or haulage of goods or persons on a public road but excludes a motor cycle and self-propelled plant;
means an employee who is engaged in operating, including starting or stopping, self-propelled or stationary plant by employing the mechanisms and controls of such plant to perform the functions for which it was designed or adapted, who checks, scrutinises or regulates the running of and the work done by such plant and who may make running adjustments and minor repairs to such plant or perform the daily maintenance of such plant; and in the case of self-propelled plant "operating" includes the driving of such plant, and for the purpose of this definition "operating" includes all periods during which the operator is obliged to remain at his or her post in readiness to operate such plant;
means the time that an employee works during a day, or a week, in excess of the ordinary hours of work prescribed for such employee but does not include work performed on a Sunday or a paid public holiday;
means any day that is a public holiday in terms of the Public Holidays Act, 1994 (Act no 36 of 1994)
means payment of remuneration in cash or by cheque or by other means(as agreed);
means any employee who is not a casual employee or an employee employed in terms of a limited duration contract;
means any system under which an employee’s remuneration is based on the quantity of work done;
means an employee whose remuneration is calculated on a monthly basis notwithstanding the number of hours or days actually worked, who performs work generally understood to be that of a salaried employee, and who is not an "hourly-rated employee";
means an employee who is engaged in any one or more of the following activities:
a) guarding or protecting goods, premises, buildings, structures or movable or immovable property;
b) patrolling premises, structures or property; or
c) handling dogs in the performance of any one or more of the activities specified in paragraphs (a) or (b),
and "guard" or "watchman" has a corresponding meaning;
means a power-driven or pedestrian-operated self-propelled vehicle, other than a motor vehicle, which is designed or adapted principally to perform with or without a towed attachment, one or more functions while moving, and may also perform such functions while standing still;
means a temporary reduction in the number of ordinary hours of work owing to vagaries of the weather, a slackness of trade, a shortage of materials, a breakdown of plant or machinery or a breakdown or threatened breakdown of structures, or any unforeseen contingencies and/or circumstances beyond the control of the employer or a temporary reduction in the number of ordinary hours of work owing to riots, unrest or acts of terrorism or disorder, which directly affect the employer’s ability to provide work,
means a power-driven device, whether or not mounted on a self-propelled or non-self-propelled vehicle, which is designed or adapted principally to perform one or more functions while standing still;
means employees who are charged by the employer with the performance of work of a technical or professional nature;
means the amount of money payable to an employee in terms of clause 3(1) in respect of the ordinary hours of work as prescribed in clause 5(1): Provided that-
a) if an employer regularly pays an employee in respect of such ordinary hours of work an amount higher than that prescribed in clause 3(1), it means such higher amount;
b) the first proviso shall not be so construed as to refer to or include any remuneration which an employee, who is employed on a piece work basis, receives over and above the amount which the employee would have received had he or she not been employed on such a basis;