Chapter 7 : Variation of basic conditions of employment

49. Variation by agreement

(1)           A collective agreement concluded in a bargaining council may alter, replace or exclude any basic condition of employment if the collective agreement is consistent with the purpose of this Act and the collective agreement does not—

(a)          reduce the protection afforded to employees by sections 7, 9 and any regulation made in terms of section 13;

(b)          reduce the protection afforded to employees who perform night work in terms of section 17(3) and (4);

(c)           reduce an employee’s annual leave in terms of section 20 to less than two weeks;

(d)          reduce an employee’s entitlement to maternity leave in terms of section 25;

(e)          reduce an employee’s entitlement to sick leave in terms of sections 22 to 24;

(f)            conflict with the provisions of Chapter Six.

(2)           A collective agreement, other than an agreement contemplated in subsection (1), may replace or exclude a basic condition of employment, to the extent permitted by this Act or a sectoral determination.

(3)           An employer and an employee may agree to replace or exclude a basic condition of employment to the extent permitted by this Act or a sectoral determination.

(4)           No provision in this Act or a sectoral determination may be interpreted as permitting—

(a)          a contract of employment or agreement between an employer and an employee contrary to the provisions of a collective agreement;

(b)          a collective agreement contrary to the provisions of a collective agreement concluded in a bargaining council.