sectoral determination 14: hospitality sector south africa

SECTORAL DETERMINATION 14:SECTORAL DETERMINATION 14:

HOSPITALITY SECTORHOSPITALITY SECTORSOUTH AFRICASOUTH AFRICA

The exploitation of workers in hospitality sector soon be The exploitation of workers in hospitality sector soon be a thing of the past.a thing of the past.

This follows a five year intensive investigation by the This follows a five year intensive investigation by the Employment Conditions Commission (ECC) Employment Conditions Commission (ECC)

The ECC surveyed 900 employers and 1087 employees, The ECC surveyed 900 employers and 1087 employees, 100 000 research reports and public hearings.100 000 research reports and public hearings.

This is done to ensure the wages are pegged to the This is done to ensure the wages are pegged to the appropriate level.appropriate level.

Investigations also reveal that 568 300 workers are Investigations also reveal that 568 300 workers are employed in this sectoremployed in this sector

There are also 10 430 enterprises involved in the There are also 10 430 enterprises involved in the hospitality sector.hospitality sector.

According to Zolisa Sigabi, spokesperson and Media contact for

Department of labour will:

APPLICATIONAPPLICATION

Commercial business or part thereof Commercial business or part thereof where employees are associated in:where employees are associated in:

Providing accommodationProviding accommodation RestaurantsRestaurants

This determination does not apply to This determination does not apply to employers and employees who are:employers and employees who are:

Involved in trade of propertyInvolved in trade of property Covered by another sectoral determinationCovered by another sectoral determination Covered by a collective agreement of a Covered by a collective agreement of a

bargaining council bargaining council

The provisions of the Ministerial The provisions of the Ministerial Determination for small business Determination for small business

apply to employers with less than 10 apply to employers with less than 10 employeesemployees

MINIMUM WAGESMINIMUM WAGES

With effect from 1 July 2007With effect from 1 July 2007

Employer must pay employee the Employer must pay employee the minimum wage, excluding any gratuity, minimum wage, excluding any gratuity, gifts or tips.gifts or tips.

An employee who normally work 45 An employee who normally work 45 hours per week should be paid:hours per week should be paid:

a.a. At least the weekly or monthly wages as At least the weekly or monthly wages as set out in sectoral determination; orset out in sectoral determination; or

b.b. By written agreement, at least the hourly By written agreement, at least the hourly rate as set out in the sectoral rate as set out in the sectoral determination determination

An employee who works less than An employee who works less than four hours on any day, must be four hours on any day, must be

paid at least for four hours that the paid at least for four hours that the employee works employee works

MINIMUM WAGES FOR EMPLOYERS MINIMUM WAGES FOR EMPLOYERS WITH LESS THAN 10 EMPLOYEESWITH LESS THAN 10 EMPLOYEES

Minimum rate for Minimum rate for the periodthe period



1 July 2007 to 1 July 2007 to 30 June 200830 June 2008



Rpm Rpw Rph Rpm Rpw Rph Rpm Rpw Rph Rpm Rpw Rph Rpm Rpw Rph Rpm Rpw Rph 1480-1480-

341-60 341-60

7-597-59

Previous minimum Previous minimum wage + CPIX + wage + CPIX +

2%2%


2%2%

MINIMUM WAGES FOR EMPLOYERS MINIMUM WAGES FOR EMPLOYERS WITH MORE THAN 10 EMPLOYEESWITH MORE THAN 10 EMPLOYEES







Rpm Rpw Rph Rpm Rpw Rph Rpm Rpw Rph Rpm Rpw Rph Rpm Rpw Rph Rpm Rpw Rph 1650-1650-

380-80 380-80

8-468-46


2%2%


2%2%

CommissionCommission

Any employee should receive the minimum Any employee should receive the minimum wagewage

The employer should pay the balance if the The employer should pay the balance if the minimum wage is not reachedminimum wage is not reached

Minimum wage paid without any gratuity or gift Minimum wage paid without any gratuity or gift by customersby customers

The agreement to do commission must be The agreement to do commission must be concluded before the work commences concluded before the work commences

Notice to cancel or change the agreement on Notice to cancel or change the agreement on commission work, should notify the affected commission work, should notify the affected employees at least four weeks in advanceemployees at least four weeks in advance

WORKING HOURSWORKING HOURS

45 hours per week45 hours per week

9 hours per day in a five day week9 hours per day in a five day week 8 hours per day in more than a five day 8 hours per day in more than a five day

weekweek

Not more than 3 hours overtime per day Not more than 3 hours overtime per day and not more than 10 hours overtime per and not more than 10 hours overtime per week.week.

WORKING ON SUNDAYSWORKING ON SUNDAYS

Normally work on SundayNormally work on Sunday Remunerated at 1.5 times normal wageRemunerated at 1.5 times normal wage

Not normally working on SundayNot normally working on Sunday Remunerated at 2 times normal wageRemunerated at 2 times normal wage

By agreement, paid time off may be By agreement, paid time off may be granted in stead of payment, within one granted in stead of payment, within one monthmonth

PUBLIC HOLIDAYSPUBLIC HOLIDAYS

Be paid at double the normal wage if the Be paid at double the normal wage if the employee works on the dayemployee works on the day

Normal wage paid if the employee does Normal wage paid if the employee does not work on the public holidaynot work on the public holiday

LEAVELEAVE

Annual leaveAnnual leave 21 consecutive days (weekends included)21 consecutive days (weekends included) 15 days for a five day working week15 days for a five day working week 18 days for a six day working week18 days for a six day working week

Family responsibility leaveFamily responsibility leave Three days in a 12 month cycle after four Three days in a 12 month cycle after four

months of servicemonths of service

Sick leaveSick leave For the first six months of service – 1 day for For the first six months of service – 1 day for

every 26 days workedevery 26 days worked

Thereafter in a 36 months cycle, the amount Thereafter in a 36 months cycle, the amount of days normally worked in six weeks.of days normally worked in six weeks.

BARGAINING COUNCILSBARGAINING COUNCILS

Voluntary institutions Voluntary institutions Between one or more trade unions;Between one or more trade unions; And one or more employers’ And one or more employers’

organizations;organizations; In a sector or area to facilitate collective In a sector or area to facilitate collective

bargaining.bargaining. Bargaining council agreements have the Bargaining council agreements have the

same force and effect as legislation.same force and effect as legislation.

2. SECTORAL DETERMINATION

3. BARGAINING COUNCIL

4. COLLECTIVE AGREEMENT(agreement between employees/union and employer)

1. BCEA (75 OF 1997)1. BCEA is the basis

2. Overrules 1.

3. Overrules 2.

4. Overrules 3.

BARGAINING COUNCILS (JHB)BARGAINING COUNCILS (JHB)

AlbertonAlberton BenoniBenoni BoksburgBoksburg RoodepoortRoodepoort SpringsSprings Western AreasWestern Areas MidrandMidrand RandburgRandburg

Bargaining Council for the Bargaining Council for the Restaurant, Catering and Allied Restaurant, Catering and Allied TradesTrades

BrakpanBrakpan DelmasDelmas GermistonGermiston JohannesburgJohannesburg Kempton ParkKempton Park KrugersdorpKrugersdorp RandfonteinRandfontein

BARGAINING COUNCILS (PTA)BARGAINING COUNCILS (PTA)

Bargaining Council for the Bargaining Council for the Tearoom, Restaurant and Catering Tearoom, Restaurant and Catering TradeTrade

Area AArea A: Magisterial districts of Pretoria, : Magisterial districts of Pretoria, Cullinan, Wonderboom and Municipal area Cullinan, Wonderboom and Municipal area of Midrand.of Midrand.

Area BArea B: Magisterial districts of Brits, : Magisterial districts of Brits, Bronkhorstspruit, Rustenburg, Warmbaths Bronkhorstspruit, Rustenburg, Warmbaths and Witbank.and Witbank.

BARGAINING COUNCIL FOR THE BARGAINING COUNCIL FOR THE RESTAURANT, CATERING AND RESTAURANT, CATERING AND

ALLIED TRADESALLIED TRADES

General Secretary: Brian Z MagqazaGeneral Secretary: Brian Z MagqazaTel: (011) 339 2834/5/7Tel: (011) 339 2834/5/7Fax: (011) 339 2804Fax: (011) 339 2804

PO Box 30822PO Box 30822BraamfonteinBraamfontein20172017

RSA Centre, 7th -8th FloorCnr Melle & Jorisson StreetsBraamfontein2001

BARGAINING COUNCIL FOR THE BARGAINING COUNCIL FOR THE TEAROOM, RESTAURANT AND TEAROOM, RESTAURANT AND

CATERING TRADECATERING TRADE

General Secretary: Monica BasilioGeneral Secretary: Monica BasilioTel: (012) 322 3493 / 3194Tel: (012) 322 3493 / 3194Fax: (012) 322 3845Fax: (012) 322 3845

PO Box 1256PO Box 1256PretoriaPretoria00010001

Suite 401, 4th FloorSALU/SAAU Building225 Schoeman StreetPretoria2001

QUESTIONS ?QUESTIONS ?

THE ENDTHE END

sectoral determination 14: hospitality sector south africa

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