Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesStatutory Council for the Squid and Related Fisheries of South AfricaExtension to Non-parties of the Main Collective Agreement3. Employers' Obligations |
3.1. | COMPENSATION FOR FISHING DUTIES |
It is acknowledged that compensation for Squid Fishing duties shall be in accordance with the Collective Agreement on the Minimum Wage which was concluded between the Trade Unions and the Employer's Association and which may be renegotiated on an annual basis during March every year.
3.2. | COMPENSATION FOR NON -FISHING RELATED DUTIES |
It is acknowledged that allowances for non -fishing duties, such as the Freezer Men, Anchor Men and Cook, as well as compensation for the glazing of Squid, the packing of Squid into freezer pans, the packing of frozen Squid into freezer bags, offloading of the fishing vessel in Port cleaning of the fishing vessel and executing any other reasonable task which may be issued by the employer or the employer's representative, shall be in compliance with terms and conditions of the Collective Agreement on Minimum Wage which was concluded between the Trade Unions and the Employer's Association.
3.3. | ANNUAL LEAVE PAY |
An employee involved in the catching of Squid, shall be entitled to receive an annual bonus during the annual year -end closed season for Squid fishing, as per the Collective Agreement on Minimum Wage which was concluded between the Trade Unions and the Employer's Association.
3.4. | ALLOTMENTS |
The employers agree that an allotment may be made in respect of an employee request an allotment, to a person or persons as may be designated by an employee, should such an allotment be deemed necessary. An allotment made, shall be repaid to the employer by the employee at a mutually agreed upon repayment schedule, so as not to inflict financial hardship upon either party.
3.5. | REPATRIATION |
An employer shall make adequate provision to transport an employee to the fishing vessel's return port should it be deemed necessary that an employee is discharged from the fishing vessel at a port other than the fishing vessel's return port. For the purpose of this agreement, the fishing vessel's return port shall be the port of departure of the fishing vessel.
3.6. | TRANSPORTION OF EMPLOYEES TO AN FROM THE FISHING VESSEL |
The cost of transporting of an employee to a fishing vessel prior to a fishing trip, as well as the cost of transporting an employee from the return port to an agreed upon drop -off point upon the return of the fishing vessel to the return port after a fishing trip, shall be borne by the employer, provided that an employee shall be available at the designated venue (the pick -up point) at the date and time as agreed upon between the employee and the employer on the planned sailing date of the fishing vessel. Should an employee not be at a designated venue (the pick -up point) on the agreed upon date and time, the onus shall be on him to make his own way to the fishing vessel, at his own expense.
3.7. | PROVISION OF FISHING TACKLE AT SEA |
The employer undertakes that fishing tackle, such as fishing lures, fishing dollies, fishing line, etc. shall be provided to fishermen at cost price.
3.8. | PROVISION OF FOOD AT SEA |
All employees shall be entitled to receive food / provisions at no cost to an employee while he is at sea. The food / provisions thus provided shall be in accordance with the Industry's Nutritional Standards and Guide, excluding cigarettes, fishing tackle or specially requested provisions.
3.9. | PROVISION OF SAFETY EQUIPMENT |
Employers involved in the Squid Fishing Industry shall provide all necessary and regulated safety equipment to employees while they are at sea, as well as the annual provision a complete set of water proof clothing (oil skins) consisting of a hat, jacket and pants, OR a suitable allowance per fishing trip, that shall cover the cost of water proof clothing (oil skins) consisting of a hat, jacket and pants.
3.10. | METHOD OF PAYMENT AND PAYMENT DETAILS |
All payments due to an employee shall be made via electronic bank transfer to the bank account of the employee no later than 1 working day after the completion of a fishing trip.
Every employee shall receive a payslip containing at least the following particulars:
(a) | The name of the employer. |
(b) | The name of the employee. |
(c) | The identity number of the employee. |
(d) | The tax reference number of the employee. |
(e) | The period / trip number of the fishing trip payment is being made for. |
(f) | The commission rate applicable: Rand per kilogram for Squid caught. |
(g) | The mass (kilograms) of Squid payment is being made for. |
(h) | Any other payment due to the employee in accordance with this agreement. |
(i) | A detailed list of all deductions made. |
(j) | The total remuneration due to the employee. |
3.11. | COMPLIANCE WITH STATUTORY DEDUCTIONS |
All statutory deductions, such as deductions in respect of SARS, contributions to UIF, COIDA , Statutory Council levies, etc. shall be compulsory for all employers and employees
3.12. | COMPLIANCE WITH SAFTEY AND QUALITY STANDARDS |
All employers shall at all times, abide by
3.12.1 | all SAMSA safety regulations and |
3.12.2. | the quality standards as per NRCS and the EU as well as the vessel's HACCP manual. |