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Wage Regulating Measures

Collective agreements, Bargaining Council Agreements (BCAs), Wage Determinations and sectoral determinations (S/WDs) which regulate terms and conditions of employment are commonly called wage regulating measures. They contain different conditions of employment for different employees in different sectors. In other words all these agreements and determinations talk about a period of notice, but in one wage determination the notice period may be one week while in another it may be two weeks.

Below is a list of the more common aspects relating to conditions of employment which appear in all wage regulating measures:

  • Area and scope – defines the geographical area where the BCA or S/WD applies, and describes the type of work covered by the BCA or S/WD
  • Definitions – defines the different categories of employees, including casual employees
  • Remuneration – describes minimum wages for different categories of employees and includes monies received by the employee excluding ex gratia payments or bonuses paid at the discretion of the company
  • Payment of remuneration – how and when employees should be paid their wages
  • Deductions – from an employee’s wage
  • Hours of work and pay – this includes public holidays, Sundays, etc
  • Annual leave and sick leave
  • Piece work and commission work – Piece-work means that an employee is paid for the number of items produced and not for the hours worked
  • Termination of contract of employment – how much notice an employer must give or be given
  • Prohibition of employment – for example, pregnant women and children may not be allowed to do certain work
  • Dispute resolution – the Labour Relations Act allows employees and employers to collectively agree to dispute resolution procedures that differ from those in the Act.

If there are any particular terms or conditions of employment that are not specified by a Bargaining Council Agreement or a sectoral determination, then those terms or conditions of employment in the Basic Conditions of Employment Act will apply to employees.

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