1) Exclusions: The provisions of subclauses 2 and 3 shall not apply to an employer who is engaged in the Civil Engineering Industry only, aid employs altogether not more than twenty employees at all times in or in connection with such business and whose annual turnover in such business does not exceed 8500 000.
2) Minimum wages: The minimum wage which an employer, other than the employer referred to in subclause 1, shall pay to employees covered by this determination, with effect from the date on which this determination comes into operation the following:
Table 1: Minimum wages for all employees in the Civil Engineering Sector
Table 1: Minimum wages for all employees in the Civil Engineering Sector
|
MINIMUM ENTRY LEVEL WAGE c/HOUR | ||||
|
PROVINCE |
AREA |
Date of coming into effect until 2/09/2002 |
3/09/2001 until 2/09/2001 |
3/09/2002 and thereafter |
|
Gauteng |
The whole of the Gauteng |
612c |
660c |
660c + CPI* + 2% |
|
North West |
The magisterial district of Klerksdorp and Potchefstroom |
612c |
660c |
660c + CPI + 2% |
|
The remainder of the North West |
483c |
521c |
521c + CPI + 2% | |
|
Mpumalanga |
The Magisterial Districts of Balfour, Bethal, Highveld Ridge, Middleburg, Standerton and Witbank. |
612c |
660c |
660c + CPI + 2% |
|
The remainder of the Mpumalanga. |
483c |
521c |
521c + CPI + 2% | |
|
Northern Province |
The whole of the Northern Province |
483c |
521c |
521c + CPI + 2% |
|
Free State |
The magisterial district of Bloemfontein, Odendaalsrus, Sasolburg, Virginia and Welkom |
612c |
660c |
660c + CPI + 2% |
|
The remainder of the Free State |
483c |
521c |
521c + CPI + 2% | |
Table 3 (Continue): Minimum wages for all employees in the Civil Engineering Sector
|
MINIMUM ENTRY LEVEL WAGE c/HOUR | ||||
|
Province |
Area |
Date of coming into effect until 2/09/2002 |
3/09/2001 until 2/09/2001 |
3/09/2002 and thereafter |
|
Western Cape |
The whole of the Western Cape |
612c |
660c |
660c + CPI + 2% |
|
Eastern Cape |
The whole of the Eastern Cap |
612c |
660c |
660c + CPI + 2% |
|
Northern Cape |
The whole of the Northern Cape |
483c |
521c |
521c + CPI + 2% |
|
KwaZulu-Natal |
The whole of the KwaZulu-Natal |
591c |
638c |
638c + CPI + 2% |
* "CPI"- Consumer Price Index for the period May 2001 to May 2002.
3) Across the board increases:
a) every employee employed in the Civil Engineering Sector on the date on which this determination comes into operation shall be entitled to an increase of 16.6% on the wage currently paid to that employee: Provided that-
i) where an increase in terms of this subclause results in a wage lower than the minimum wage specified in subclause (2), such minimum wage should apply.
ii) any employer who has during the period 31 August 1998 and the date on which this determination comes into operation, granted an employee an increase or increases-
aa) equal to the increase specified in this clause, shall be deemed to have complied with the provisions of this clause; or
ab) less than that specified in this clause, shall be required to grant an increase equal to the difference between the increase or increases already granted by the employer and that prescribed in this clause.
b) every employee employed in the Civil Engineering Sector on the 3 September 2001 shall be entitled to an increase of 8% in the wage then paid to that employee.
c) every employee employed in the Civil Engineering Sector on the 2 September 2002, shall be entitled to an increase of the Consumer Price Index (CPI) plus 2% of the wage then paid to that employee. The Consumer Price Index will be at that Index as published by Statistics South Africa for the year on year percentage increase in the Consumer Price Index for all income groups for the period May 2001 to May 2002.
4) Year-end bonus: Subject to the provisions of this subclause, employers shall-
a) pay their employees in December of each year, a bonus equal to 10 working days' pay.
b) where agreements, substantive or otherwise, provide for bonuses in excess of that provided for in paragraph (a), such existing agreements shall prevail.
c) an employee shall not be entitled to the bonus amounts referred to in paragraph (a) unless he or she is employed by the employer in December of the year in which the bonus amount is to be paid and he or she has been continuously so employed for at least one full year.
d) an employee who is employed by the employer in December of the year in which a bonus amount is to be paid and who has been continuously so employed for at least 3 months, but for less than one full year, shall be entitled to a pro rata bonus payment.
e) an employee whose employment is terminated through no fault of his or her own, through retrenchment, retirement, disability or death, shall be entitled to a pro rata bonus payment.
f) no bonus payment shall be made to employees whose employment was terminated by reason of misconduct.
g) where an employee is absent for more than 10 working days in any one year, the bonus payment to which he or she is entitled shall be reduced by the proportion of total working days lost to total possible working days in a year.