Chapter 8 : Sectoral determinations

55. Making of sectoral determination

(1)           After considering the report and recommendations of the Commission contemplated in section 54(4), the Minister may make a sectoral determination for one or more sector and area.

(2)           If the Minister does not accept a recommendation of the Commission made in terms of section 54(4), the Minister must refer the matter to the Commission for its reconsideration indicating the matters on which the Minister disagrees with the Commission.

(3)           After considering the further report and recommendations of the Commission, the Minister may make a sectoral determination.

(4)           A sectoral determination may in respect to the sector and area concerned—

(a)          set minimum terms and conditions of employment, including minimum rates of remuneration;

(b)          provide for the adjustment of minimum rates of remuneration;

(c)           regulate the manner, timing and other conditions of payment of remuneration;

(d)          prohibit or regulate payment of remuneration in kind;

(e)          require employers to keep employment records;

(f)            require employers to provide records to their employees;

(g)          prohibit or regulate task-based work, piecework, home work and contract work;

(h)          set minimum standards for housing and sanitation for employees who reside on their employers’ premises;

(i)            regulate payment of travelling and other work-related allowances;

(j)            specify minimum conditions of employment for trainees;

(k)          specify minimum conditions of employment for persons other than employees;

(l)            regulate training and education schemes;

(m)        regulate pension, provident, medical aid, sick pay, holiday and unemployment schemes or funds; and

(n)          regulate any other matter concerning remuneration or other terms or conditions of employment.

(5)           Any provisions of a sectoral determination may apply to all or some of the employers and employees in the sector and area concerned.

(6)           A sectoral determination in terms of subsection (1)

(a)          may not be made in respect of section 7, 43(2), 44 or 48;

(b)          may only be made in respect of section 43(1) to allow the employment of children in the performance of advertising, sports, artistic or cultural activities;

(c)           may not reduce the protection afforded to employees by sections 17(3) and (4)  and 25 or a regulation made in terms of section 13; and

(d)          may vary the basic conditions of employment in section 9 in the circumstances contemplated by section 50 (2A).

(7)           The Minister may not publish a sectoral determination—

(a)          covering employees and employers who are bound by a collective agreement concluded at a bargaining council;

(b)          regulating any matter in a sector and area in which a statutory council is established and in respect of which that statutory council has concluded a collective agreement;

(c)           regulating any matter regulated by a sectoral determination for a sector and area which has been in effect for less than 12 months.