Statntory Instrument 45 of 2013.

ICAP.28:01

Coliective Bargaining Agreernenfi Construction Industry

IT is hereby notified that the Collective Bargaining Agreementset out in the Schedule, which replaces the agreement published inStatntory Instrument 244 of 1999, has been registered in terms ofsection 79 of the Labour Act {Chapter 28:Alf .

ScHnnut-e

NATIONAL EMPLOYMENT COUNCIL FOR. THECONSTRLICTION INDUSTRY

COLLECTIVE BARGAINING AGREEMENT (SKILLED\4TORKERS. APPROVEN CI-,ASSES OF WORKERS AND

GRADED $:{}RKERS)

INDEX

P.qn'r I

APPLICATION, T}URATION AND INTERPRETATION

Clattse

l. Scope and applicatian of agresnnent.

2" Period of operation and amendment of agresment.3. Interpretation.

Fenr II

ADMINISTRATIGN. COUNCIL DUf,S ANDTR.ANE T-iNICN FEES

4. Administration of agreement.

5. Exemptions frorn agreement.

6. Applications for and grant of exemptions"7. Designated agents.

8 Enrolrnent of emplcyers.9. Enrolment of workers including working employer.

l0A. Workers= rer:crd of service.

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Collective Bargaining Agreement: Construction Industry

Clause

108. Retrenchment.1 1. Council's dues.

12. Trade union membership fees and check-off system.13. Availability of agreement.

t4. Official notices and notice board.

Penr III

CONDITIONS OF EMPLOYMENT

15. Employees bound by parallel agreementd.

16. Protection of employment: protection of sub-contractingemployers.

17 . Contract of employment.18. Hours of work and day-off19. Overtime.2Q. Shift-work.21. Safety and protective clothing and appliances.22. Working clothing.23. Health and safety.24. Site shelter and other facilities fcr employee,s.

25. Skilled workers' tools.26. Watchmen.

27 A. Code of Conduct and grievance procedure.27F. Termination of employrnent, and time and task contracts.28. Noticeofterminationofemployment: termination oftime or

task contracts: termination owing to continued absence

from work.

Pnnr IVSICK AND VACATION LEAVE, INDUSTRIAL HOLIDAYS,

SHUT-DOWN, MATERNITY LEAVE AND FUNERALPOLICY

29. Sick leave.

30A. Vacation leave and annual shutdown: Cash in lieu of leave.308. Special leave.

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Clause

31 . Industrial holidays.324. Voluntary shutdown.32ts. Transfer of undertaking.32C. Death of ernployer.33A. Matemity leave.

338. Funeral Policv

Penr V

WAGES, DEDUCTIONS, EFFtrCTS OF' RAIN-OFF,ALLOWAT{CES

34. Classification 0r grading.

35. Preservation of wage anel ernplayment in higher grade orclass

36A. Atrlowances.

368. Wages"

"37. Pa3rn:ent cf tvages.

38" l)erluctiErns irorn wages.

39. F,ff*cts orlwages ufrain-r:ff alrd work stfipllare: ffiaki*g-r"rpJost time.

,if:).'fl"*ve!iins anel sullsist*ncs allc:v;ancel;4J

P qn'r \rl

WORKERS COh{}.4ITTEtr Ai\l} I\'ORKS COIJiTTIT.I,

'41 . W',:rkers coffin::itte.es.

42. W*rks eouncils.

Penr VII

Ti{ AN S I'TTONAL ARRAhIGEMENTS

43. Fension and medical cunent benefit agreements.

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Collective Bargaining Agrcement: Construction Industry

Panr VIII

CONCLL]SIGN

44. Penalties.45. Dec!aration.

AitrunxtiRF.s

t. []r:sigr:ateci traC*s, classifieql wor"k and rat*s *f'was*.2. Gracleei lv*rk and ratils *f wage-

3. Wages slip.

4. Safety and pralectiv* cit;ti"ling ai:t{ appliance$"

5. Skilled wcrkers' ltiltis"

*. *eciarettt'rn hY *inPir::'*r.7 . f;nrc'!n-le-nt appli*etian hy ei:'rpi*yee'

,8" Re**r'C *f s*rvic*.g" List *f p*se *ffiecs flcr purj:$ses *f travelling altrr:r\,vfiIli'e5.

I i]" iV*rk*rs f;*lnqriiu*e.s. E;.Gnstitutir:* anrE fuil*-r-itins"

I I. il*de i:f cq:nelue*:t axei gri*va**:* prt)**ehire'

i:. ILrng:i*rg:nccl Agre*rt*r:t l.-rlrin.

h,faete and *ntepsii i*ter in aecorciar?c* with ih* prq:,lvisir:ns' i'ftlre La?r ur Ai:t i{ll"r*pter 3'5:#,r1, b*:we#r: eh* Ceutstrr-icti0sl Fnel*s{i"**

Fei*r*tir.ls: *f Xitntlabv.'* arr*i th* ZilnhaLrqve Buii*ing Cc';:ira{jtGrs;

Ass**iati*l'l {hereir:after r*f*n"eC tlt its *ntli* errrpl'*:",:srn*" {rE "tlteernpgrvers' *rgatdsffti.Gn"q'-i. ai' thc clne palt, and ';he Zinti:at}lv*Cuirstnietr*:: *nsi Atrli*ei Trades i&varkers Unicn iir*reirnaft*r r*f*n"*dt* as

o-fh*, em5:lc;yees.' *r o'tlt* trad* utlicn"iu <lf tit* tlfh*r F'!*.11, h*ingparti*s tr'r fhe I'iafi*nal Hrnpl*yment {]*uueil fe:r the C*nstr'*ctie:n

Iridiestry *f Zimtrabwe.

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AFFLT C A TI SN. D I.JR ;!"[-EG i{ AN * } T\i -i]ER

FR.H' FA'I'i CJ hi

Suspe antl. ceppf i r;*.ti tsrz at'' *, g, rt e tnerct

I . i I ) tn t*rrl:s s;f rfr* pr*visil'ns r:f secti*sr 8? q,;f tFlr' L;eb*rlr A':i{Cp*prer 28:{}Jj" the.t*noi *f'rnis agre*ffi*ni irrr hins"lifig lrlir}i] a:rei

shall be ohserveql b,v-*

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the employers and employees engaged in the constructionindustry who are members of the employers'organisations and the trade union respeetively, in the8r r& of Zimbabwe;

all other emplcyers anct ernpioynes in the industry inthe area of Zimbabwe;

(2) This agr*ement is concerned saie!.i with the conditiansand caiegories of emplayment atid the preservati*n t-''f grad labgurrelations ifl the c'oilstruc:ticn industry, nnii wircreas it unifies theerstwhile hriilding" civil engineering arnci conrrete pr*clucts ineJ'*str"iesfor tirose Furposes, it is nct inteneied, *nr.t nt:r shall it be sLi c{}r}strt^ledby an3,'*;:if *ither within c:r outsirJ* E:f tfue ceinstrui-:tiern industry,, toalter, nicilify" susF{.:tid. nuiiif}i q:r alfuet in E1ny !va.y r,vhatsE:*ver theI *cosnised rnetiroels, pri:e*dtiten, ccliCuet* practies and d$c*ilxnentatianappli*ebie ti: calling far t*ndsrs a;l,J quctaticns and to €*,nri*ring,rxisasureffi('i11. paJvlnent and the like and asscl*i*t*rJ pi'{}i:*s$*s inr*sp*ct *f t=uildrng, *il'il *ngin**ring and c{}fict"i:t* g:r'r:dr.ir:ti; wtirksin Xir::hahwe.

i3i l{c elrrpl*}iflr or *mplcyee Inay weiye ariy ;:r*visir:ri cfrhis eg;:er:Incglt. rvirether *r n*t the said prcvision cre$Ler* a benefit tElqrr i;bEigaticfi ryn the eieployer or erxfrl*y** roneern*,-l. H;ti-:h pgrvisicnshail';re;ti*. a rrght ur ctlligaficilru &s rh* casr rrlii5, [:*$l" igu *px:nelcntly*3' the e"qisf**** *f" *ti:*r prtvisi*ns- fl: t!'ls: *vrni ,-l en3 ;:r*visianof tliis agr#rrmsnf heirig in q.:**raf.iv* *:; u/tr* z;[res "ih* F$wer$ ofthe pari:*::; sir: the l.et:clur Aer !"C/a*rp=rc',. ?.?:iJfl e]r re,gufu*ttq_,its madeei:*reundsr. eifher bef*r* err ieit*r pubiti:*r.tion *f rhis *,*reerecert underth* pn:visir-ins cf thaf Act, this s!;ali ig: :r,J vdi13,' *ffect thc r*i:taindereif th* {rg:r,;*snent '"vhich shail, in thet *r.*.nt- e,:n:*'*itr-ite ti:e a#rser11ent.

P e ri * e{ rs!" * f; e rs i i o tz r: rs i{ * r rc t n d r,rr srr i r.t',:rg "',:#,rru#ff t2. tt i This &gre*rrlent, shali E:r-rsr;si igrt* fff:*iata*:i *ft ihe date af

its regisfrftfi*ri in iernrs e-rf'sc*il*r-r ${},-:f tFe* A{.:t and shall remain inf*r;c-: fur t1nt* )+'*;.ips :

Frq:vief*rJ th.at th* par6les ghaii Ee-ne€lr.itifite an exi*nsi,:rn ofthig argr**1ir:*sit bei'*r* tirc expir.v

'.ru Llle. ai-r*ve periuC.

{2i $*-l ti:* irltg;i'{:='f uf r:r*r*r.rfing stah}iii{}o iri *he inEiustlv. the*rnpuE*vi:rs* *rga*?:;aflr-:sls il*ei fi:rr* frad* uniq;* ?r*ive ggr**d thai thev

(a)

(b)

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Collective Bargaining Agreement: Construction Industry

will not seek to amend this agreement during its first twelve months

of operation, except that wage rates will he reviewed annually to tafeinto account such wage legislation ab may be promulgated by the

govemment and. in the absence of such legislation, not later than the

I st July of each year.

(3) Nothing shall preclude the parties entering negotiations to

amend clauses at any time, provided amendments arising there fromshall notbe registeredbefore the termination of the firsttwelve-monthperiod of operation of this agreement.

(4) Where this agreement provides terms, conditions and

benefits which differ from those provided under previous agreements

and regulations displayed b-y this agreernent. the new pro"'isions

shall apply from the date of registration of this agreement and not

retrospectively.

Interp re tttlirttt

3. Any expressions used hereigl which are definecl in the Act

shali. unleis othcrwise defined or specified herein, havs the s:rme

meaning as in the.Act, eny words iiilpeirting the filitscuiine gentler

shall inl,lurde the feminine gerrder, ancl any word irr the singular

sense sirall includr tire plural sense further, unless inccrlsistcnt with

the culrtext.

"Act" tn*iln$ ihs L,abcur Act IC{zttpte r 2 8:#J I *v itl'a

arr*ndlTlfll:tg;"*gr*enit:nt of crui:eii-' fiieails tlris agr*tr{If;ui aliC an-v f"urui"t:

rffir ff ' ffiff;nff i:",ffi '?iff ffi ffi T:J; ffitth*se a€ln'seincnts rcia.ting tc: meqJical ngrri;;enslcin fEnds

in the forrx*r buildang indusfN'y earrtained in Statut*ryXsrstpttxl*nts mq *grd 255 *f LgqZ anrJ Clccupatir-:nal

Health anC Saf*ty Stafutory {nstrunrent 2?'3 cf 19?"}, as

amenclcel and exfr:srd*d, srid adnpt*d isr t*;.xrs cif claus*,13 he"reof;

"annual shut-down" rnea;?$ thrs peri*ct cf twent\'-ihr*fconsec utive day s c$r$ r!}*nc ing at nei+Jnighi *n tlte FritlayprecedingChristrna-qtoi:ecle*i'J*db:-'e*tiliciiinterffisof subclause 5 of ciause :3* i:f this Agreen:*n{ o dulrlng

which an establi.ql?rnent -quspends otr:eratiqrns" In the {:ase

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of factory based employee$ the annual or vacation leaveshall be taken at the employer's discretion outside theannual shutdown period;

"apprenticeshit'' means an employe serving under a writtenconffact of apprenticeship, registered in terms of theManpower Plaffnng and Development Act IC hapt e r 2 I : 027;

"appropriate certificating authority" means the authorityspecified in the Manpower Planning and DevelopmentAct [Chapter 28:021;

"calendarweek" means aperiod of seven consecutive daysstarting immediately after midnight on a Saturday andending at midnight on the following Saturday;

"concrete products industry" means, without in any waylimiting the ordinary meaning of the expression, theindus try in which employers and employee s are as sociatedtogether for the purpose of manufacturing concretearticles, whether reinforced or not, manufactured inmoulds or pallets from cement and sand, stone or anyother non-fibrous aggregate;

"consecutive shift" means one or two or three shiftswithin a period of twenty-four hours operated by anemployer for the purposes of a continuous processoperation;

"continuous process operation" means any operation ona contract site forming part of a continuous systemof construction, stoppage of rvhich would have anadverse effect on the construction process or on thestructure;

"contract site" means a place other than the employer'spennanent premis€s, where an employer is requiredto carry out work in accordance with a contract;

"construction industry" means, without in any way limitingthe ordinary meaning of the expression and subjecttcl the exclusion stated at the end of this definition,the industry in which employer and employee areasscrciated together for all or any of the followingpurposes, that is to say the construction" finishing,renovation, reparation, alterationo maintenance anddemolition (including the associated excavation and

285

Collective Bargaining Ageement Construction Industry

othereantrworks and stabilization and scaffolding work)of affieldrunways, aprons and othersurfaces, aqueducts,bins, bridges, bunkers, cable-ducts, caissons, canals,cement-grouting, chimneys for factories or works,cooling and water towers, dams, docks, encasements,fences, filter-beds, gates, grave-stones, harlror-works,trydro-electric installation. irrigation works, mine shaftcollars o rnonuntents u piers. p ile- drit'ittg. pipel ines' q*ay s !

rafts, railways, reservoirs, river-works, roacls, sewerageworks, sewers, shatis, silos, streets,.swimming pocls,thermal installations. tombs and tombstones, w'ails(bound&r)', garden and retaining), wharves, and anyother works of a similar nature, cs well as the makingof anicles (suhject to the lirnitations c*ntained in thedefinition of lJoinery") for use in such operaticns,whether the rvork is pertorrned, the meterial is prepared,or the necessary articles are made on the sites of thi:sebuildings, structures or nther works or elsewh*re, andincludes all work executecl cr can'ierX *ut hy pr:rsi:ns inthe ine*-rstry who are engaged in the following a*tit'itiesor subdivisions thereof-air-conditioning and all fcrms of mechanical ventilati*n

and air contrftl which require ad"justrnents oralteratians and additions to buildings, strllcilrresand other wc,rks, auC r'vtiicl: inclueles ail clucling.having fcr its pu{pose the delivery', extrastionor conditioning of air for any purposes in anybuildins, structure eir other wcrks;

asphaiting, which ineludes asphaltiqg flocrs, roofs,waterprocfing foundations, trasernents or walls.la3'ing matrthoid or other composition" anC atherflooring;

bricklaying, which includes concreting and the fixing afconcrete i:locks, slabs, or plates, the tiling of wallsand flo*rs, pointing, paving, mosaic work, facing-work in slate" ntarble, granite and in composition,drain -laying, slating and rocf --tiling, wtrether ornot ttre fixing in the building or structure is doneby ttre perscnmaking orpreparing tlee article used:

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building electrical installations wiring, which includesall processes invoh'ed in the instaliation of medi;;voltage electrical installations in buildings,structures and other works from the main swiichboard therein, and comprises the fixing unJconnection af an switchboard, rising riains,subsidiary circuits in tubing, skirting or sirnilartrunking, racking cr cable- triy and thJinstallationof P,v.c. arrnaured and rninerar-insulut*a *uli**,together with all operations connected with theinsrallation and fitting of electrical *rr**r;ro;and equiprnenr and of light fittings;

flaor-laying, whieh includes all processes connectedwith laying of floor-co\rering manuf,aeturecl fromasphalt" vin.rrl, asbesics. wood, plastic or steel or anycornb ination th*ieo{ ar:ci the l ay i'g of compo$ l**nflooriug, aiscr the laying of maitic'-asphalt iloor:ingand roafing*f'ett whenever thes$ touS' i:e used ina builCing. strucrure or other work;

glazing, whir:h include..q the fixing (with any type offixing marerial or metho.i), handling, ciriting,edge working and surface decorating o'f all typesof glass, incruding raminatecr unJ functionalarchitectural glasses, the design and manufactureof multipl* Iights and frameless glass show-casesand the mixing and preparationirf ehemicals forthe silvering ofglass, inciuding protective coatingssueta as paints, leads and copp*ring;

joinery, whicil includ*s fhe rnanufacture of all articlescf.ioinery, w:hetherornat the fixing in the Luilding,

. structure or atrrer wsrk is dan* try the personmaking preparing the artieie used, but strifi notirrclude the following__(a) the manufacture from wood ofparquet_blockflooring; p

(b) the manufacture ancirbrassembly from wooerof plyn'ood flush doors; J

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287

Collective Bargaining Agreement: Construction Industry

(c) the manufacture by repetitive operations orprocesses of pre-fabricated tirnber houses,

but excluding the erection thereof;

(d) timber fencing;

(e) the manufacture from wood of barge-boards,tongued and grooved boards, wall plates,tile-battens, stock moulding, fascia-boardsand purlins;

(0 the manufacture and/or assembly from woodby specialised mechanical process of roof-trusses, including the inco{poration of metalplates or plywood gussets as components;

light making, using lead and other metals, whichincludes the manufacture and I or fixing of lights,display-signs, and glazing relating hereto;

masonry, which includes stone-cutting and building(atso the cutting and building of ornamental and

monumental stone-work) concreting and the fixingi or building of precast or artificial stone, marble orgranite, paving, mosaic work, pointing, wall and

floor-tiling, operatlng of stone-working machineryand sharpening masons' tools, whether or not the

fixing inthebuilding, structtre orother work is done

by the person rnaking or preparing the article used;

metal-work, which includes the fixing of steel ceilings,metal windows, rnetal doors, builders' smith-work,metal frames and the building in of architecturalmetal-work, drawn metal-work, sheet and extrudedmetal, whether or not the fixing in the building,structure or other work is done by the person

making or preparing the articie used;

overhaul, maintenance and repair on an establishment ofan employer's machinery" plant, tools, equipmentand vehicles used in connection with constntctionindustry work;

painting, which inctrudes decorating, paper-hanging,distempering, lime or colour washing, staining,

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varnishing, french and other polishi*g, grainingand marbling, spraying, apply:ing plarlirl*oturistippler work and t<notting, itr. upplication and/or fixing of polyvinyl*coated cloth, and the likefonns of surface decoration and protection;

plastering, which includes modelling, granolithic andcomposition flooring, composition wall-coveringand polishing, precast or artificial stone_wort,wall and floor-tiling, paving and mosaic work,m aking and fix ing fibrous pl aJter and pl aster board,whether or not the fixing in the building, structureor otf:er work is done by the person making orpreparing the article used;

plumbing, w h ich includes lead bumin g. gas-fi ff ing, san itaryand doinestic engineerin g, clrain-laying, ventil ating,heating, hat and cold water fitting,-initu,ting fixirft*nd w a ter- fi nin g s of e lec tri c geyseis. fi re- lnstaltation sand fhr: rnanufacture and f?tting cf ell sheet-metalwsrrk, whethe"r' or not the fixing or fifting in th*buiklin,g. or sfrue'ture or cther w;ort is d*n* i:y th*perH*n making {}r prciiaring the articl*s;

scai?eilciing, lvhi;:!r !r":cl*des the asserphlSr. er*criew alidriisffi*u rl ing t;f sc;efferlding, jncjnqring el*q.:kirrg ggdsusilrnderJ s* : * iTr.rlds ;

shr:p, *ffic* aarc i:as:k fittings which inr,i*r.ie th*nien{jfel:surf ;ailcll*r tixing uf shop_focnts, windows{t';3 il,5,:-g3"g;;, -hr:rV-l:ASeS, C*}UntefS, S*f*en af:idI n tsri q: e" i'i tri r; r,r1 &fld fix ture s, w hetlrcr m at: i: faetuE *din \x..$qr*t, ntr:{ni *r plai;tic;

s{eel r:cnsf,rucfiun- l+,hicfe inck:ej*s rhe fixing r:f a*ciasls*s q-)f sf.sel mnd rither metal cr:lui:inr, girde:.s,st*ei T':ists. r-:r ;netal in arry forin whictr f*:rrns apart ilf a i:uilciing, structure or other work ;

steei reinf*r*ing. fclrnring part of building, structure orother work;

wood-working, which includes carpen try, woodrvork_machi ning, furn ing, carv ing, fix ing of coffugated

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collective Bargaining Agreement: construction Indusiry

iron, asbestos sheeting, saund tttd acr:nstic

material, c*rk and asbestos insutration, wood

lathing, c$inpasition ceiling ttd rvall eovering'

pr*g#;g {,,f . alls, ,:or,,*fir'g of rvoodwork' with

**ffi, flack and *ther i-iq:*rirrg' including rvacd

and eork anrj sa:rclpapr*rir:g ttrerecf' rr'lof*tiling'

whether or nct {he fixir:lg i* itre br"rilding, strurture

or other wot"k is d{'ne t.rrv thc perbfln mnking or

PreParing th* artiele us*ci:

excl*ding any of th* above-nrenti*n*:d acti..'itie,s rvherr

uni*mok*n by an empin'n-'*':i'in the mining inriuntry

in associati*n wit?r hisiHei" *:'tii:rary ernpir:y**-t ln

thc mining i ndil$tr}' wh*r"e s*eh rv*rk is undertak*;i

on a mining l{}caticn or sp*eial grant as dcf ineri in'

theMin*sandh{ineraii+Act{th*pter2'r;#5i;,,c*Eincil" rxsa.ils *r* hiaticnsl EJn:plt:Yffieni ccurrcii iE:r tire

c * t r strir s: t i *il I *'i t: s tr,v t * f z k lrb a}:i w e :

""cLrrrent hcnef it agreerns*r"" n1*an$ s.x} agr*esx*rlt *f cauncii

re laring t* l-rr*eiical a*di*r pensi*n fuurcs feir the

*o*str"ueiion irrdustl-3'. tlr w'hi*F: Pr*vielss ftrr cihe'r

?:enefits for ihe inriu*to,* qvhicia r'perrrt*s c(}ncurs'entlv

w*lsh ti:* wh*ie *r eny ila!"t *f tlir: g:eri*ei of ap*rati*n

af. tilig i1.# *effiu1*'l';

o.currsnt h*11riy rp,t*='. il?*eiili fkg rate, of peli $n eiltp!+rl''**

;-Ecerr,**, fEu, gVf;rY hr;r:.a ,E.v*rk*el iSurigrg }iislnei. *rdiFterf

hu**rs trf rv*ri<;--d:*y-*ff , fir*[Lix$ su,nday*-' r- r" thei riay irf the wr*k irist*ac-i '-]f

Sunstii oo which *it **gri*'** !a y-;rlt ''

lr'!:!"raily r*qi"rireul

i* r,veirk;

.-*mergcnc,v wstrk'u rn*ar's; En q:i-iitiie r.t{Jflipleiiilneif' tq, Frictl r:arui*!

,*u*nuabiy hc left il'v*:r eintil ttt* sl*xt w*rki*g *i*3';

,**rnpl*yero' rn*ans any psr"sei* whaatso*v*i: whc cnl.r.'ii;.Y$ iir'

provicies rv*rk f *i any* p€r.q{in in the eo*.struefroi1 lndusiqv

*nC rernu{rerates, ,rt: **pr*s*ly or tacitXy underiakes i*refirruler&te. himrher lneltldirlg tttc ma*agffr' age*t' *r

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represeiltative of such person first referred to, who is incharge or cilntrctr af ehe rvork upon which such secondp*"Lstlil ref*rr*d to is *mpk:yed ind shali inclurle a self-empla.yed ilers$i, ar tr*r*ing *rnproyer.;

"entplt]5'r}:'s pei"maneni pr-*rnis*s" means ihe p*riilanentpr*llrises frorn whi*i: tire ernpl*ver carries on business;

'oesseilf ial seri'i*sso' inealls:ir]'v wark which mnst nec*sserilyb* ;;erf*rirteC if dautg*, it= fhe heaith anr#r:r safety oftl:e p*blic tu if inrerf'*renc* with the c;rr-ry,i,rg ,;; Jiunoinciiistr'5' l'r*siness *r unr.lertaking is rc, hb avi-c,icled:

"'ssi'ablisirrneni" rfic&n.q ftn,v piace a{ which the *mployer*rnFfu:3'S ;rn eillploy*e t*perfr:rm w*rt;

"t*et*l'y bias*ci elm*i*_\,fe'" m*afig a*y i]*rs{}rt r:n.gag*d inntanrefeufr:i.i:ig (":Liijr:1-*iu g;t*:riuets iil * $aciet*y *r u*der.fa*:t *rV ci,i:rJ i ti s.unl= ;

"fixed ;:iace *f'wrll"k'- trmf.*i;s th* **ntrac{ site, *f ii*e, clepct,*'r;ricsl:s:? *r E:.ithi'I: pIa*e Cf, rq,r,.rk wher* &n ernplaye*is initiaily *r:-i-pl*];,n*, *r ts:l whir:il 6*lrllie is transi-#;:

"$iel}f;t's"l ,{irnd'u .l?leiirls iFr* fiemcl *sf i}blished in fenms cf cou**i} , s

crittsti{r:fi$}* lniri rvhi,;it **une il's cir:es frori: empl*ys*sane{ effir:'igll:r{1i's +h+ gl Lt* paiC sr;d f,;'*-:rn qn;iricf} tuc c,irtgi,;urgexg-i*ne!itierr-.s r:f'*e:llr:-e :.1, frs Elirrlviri*C iri its eunstit*li*i;"s}'lall he mei;

"nh{r*il'rs -+i- lv*rt." :;helE h;rv,: r,tcnuing frs r:r*fineel in *Far;s* i B<:i' th i s *.gre*j rlr*j 1 il;

* *i itdu stry " st:i*#-E.i s ghr, cq'lrs stn; ct iq}n i ndu s ti-v as d*fi n ed ab*ve ;-'jelhbing w*rk" l??*afis erry w*rk in tl:* irrr,tr:i;tr5r, whei-*

ellf*i:gL*n"*v, L:r'-:akduO,ln, Or Small works Art ;nv*Eveeiq:f less th** r;*v{:i? da.1rs. rvhsre nr: f"armal te,nel*ring ;uriecessffy, en:pi*ying n*t mt}re than six pe;-ssns;"lnck*up" fi1eftfis ;: sfu*tJ- rocffi:* wc.rrkshelp, faetory or si$liiar

place cttnstretct*d *f wa!!s and a ra*f, c$Enp{}s*C afweather*prLliFr mart*rial vvBrich can he seeur*ly iocksci,the wi:q:le {s: h* $c c{}ngiftrcq*d tc provid* * pto** f.r,the saf*k**g:i*.g, fif efi *GTpioyee's t*u,i* a*ci ciothes:

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Collective Bargaining Agreement: Construction Industry

" Mini ster" means the Minister of L,abour and S oci al Welfare, artd

any r-eference to "Ministly" shallbe construed accordingly;

"month" means a calendar lnr;nth;

'"overtime" shall have the rneaning as defined in clause 19

of this agreement;

"Registraro' means the Registrar of Labour as defined in theYAct;

o'secretary" mean$ the secretary of the council appointed in

terms of its constitution;

'oshift" means one cf the stipulated periods of t:ime during the

twenty-four hour day when work is performed in relays;

.'shift worker" means an einploy*e who is required to perftrrm

shift work on A eantract site where trvo or three shifts

in a periocl of twenty*fcur h*ttrs are lvorked aecorcling

to a shift roster l*id d*\ru'n by tire employ*r;

"ski]led r,r,orksr" rneans e p*i s$n ivirr: has tr*en certified or

registcr*,cl b_v th* ministqy as e jcurneYman or skiileel

rvorkgr, C|1SS tr,2,3 or;1" inA,'J*:;ignated trAde. OrApers{}n

who trE;iris a jr:*nrnyrnai: r*gistrati*n c*rtificate issuectr

h,i, ccunr: il' s prg$f r;f;r,;$.*r l-f itu..{* ! st F.*i:ntary, t ?S2' a::ld

r*c{-}gnizeri bi lh* i*,,f anisrt,r, q.}r

''1iefilp!*yei: *h* has becn

lawflilli'*xempf*ii ?r",/ ?i-,: \3inistry to perfolrnt w*rk irla iicsigi:atc;i tiai}r: :

'.w3$e'* fii*:ae;trl tl:u p*riitu.l:* l:;rlrsn*nt madC t'* an emplO-Vee

esl*ulatcd hv refc;:ritrcL i.* ih;: lirdiltarr/ hours crf workpci'f-r:rmuit

"n3r ti:.*rt cr*,: pi*-y*g rnxit,ipiied bit i:isiher cun"ent

iraulrl3r rat*, enC *;x*ir:rl*s t:i:**ses iinel cv*fiim* ftsiC

similar paymenis and all*tv;r*cs$.

"working day" rneans any ctay other than a da-v q:ff or a1l

industrial holidaY;

"worker gradeli or grad*d worksr" shall have the meaning

defined i1 Annexure 2 of this agreement;*'working week" shall have the m*aning as defineci in clause

18t2) of this agreement"

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Pnnr II

ADMINISTR.ATION, COUNCIL DUES AND TRADE UNIONFEES

Adrninis t ration of ag re eme nt

4.Tbecouncil shall be the body responsible for the administrationof this agreement, and it may issue expressions of opinion notinconsistent with ttre provisions hereof for the guidance oflmployersand ."Tptoyees, and may delegate any of its duties or po*eti ofadministration to a localjoint committee or any committeeippointedby the council, subject to the provisions of its constitution tetating tothe appointment of comrnittees.

Exemptions frottfl ag r€ ement

5. (1) Exemptions from any of the provisions of this agreementmay be obtained by an enrolled employer or employee in the mannerprovided for herein. and any appl icati on for exemption may be refusedand any exemption granted may be cancelled or amended at any time.

(2) There is hereby established an exemptions committeewhich shall consider and may grant, conditionaily or otherwiseoapplications for exemption from any or all of the provisions of thisagreement.

(3) The exemptions committee shall consist of not less thantwo and not more than three representatives or their alternates of thetrade uniono not less than two and not more than three representativesor their alternates of the employers. The members of the committeeand their alternates shall be appointed by the parties and shall assumeoffice at the first meeting of the cammittee io be held not later thanthirty days after the appcintment of the commitree, and, except asprovided in subclause t4), shall cantinue in oftice for two years.

(4) Of those first appoint*C, one employer representative and

9ne trade union repressntative shall retire in January each year, thefirst two in January imnrediatetry following their appointment andremaining two in the next succeeding January. T'holi first to retireshall, unless otherwis* ag'eed amcngst them.selves, be rleterminedby lot. 'fhose retiring skrrll be eligible for reappointment.

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lCollective Bargaining Agreemen* Construction Industry

(5) The trade union md ernployers shall fill the vacancies

occulring in terms of subclause {4}'

(6) If a member is unable to attend a meeting, his/trer place

shall be taken by his/her alteruate who shall then be of full standing

as a member. An alternate rnay attend any meeting of the committeebut shall not have a vote unless tre/stre has taken a member's place.

(7) In the event of a rnernber or an alternate of the employer.q or

traCe unionbeing unable to aci, ttre baCy which made the appointment

shall appoint a replacelnent for the period of abserlce or until January

of the following yearl as appropriate"

i8) The comrnittee at its first meeting, and thereafter at the

meeting next after new appaintments hav* treen made, shall elect

from its members a chairrnan, and the person so electecl shall be a

representative of the emplnyer$ or a representative of the trade union-

resFeetivelv, in each aitema.te vear:

proviied tlrat ii'ths re*eritly retirec n;hairlEan tras been re-

appointed to the connrnittee, it may reappcirrt irim/trer to be chairrnan.

(9) trn the event thai the' chaiirnen is unable to aet, ttre

committee shall elect crne oi iis members to act until the chairnOan is

able to resurce *ffice, or appoint a new chairrnan, as apprapriate-

(10) The exemptions committee shali meet at such times es

the chairman ilta,v detennins, or as any twa members may requi{*,

or as council may direct. All decisicns af tire committee shall be by

unanimous vote with atl members, ar alternates acting for absent

members, present" Fkoper minutes *f eaeh meeting shall be made

and distributeO to all mernbers and all atrtemates and to the parties ta

this agreement.

{11} The general seerstary ter cc*ncil or a council employee

norninated by himlher with the apprervatr cf the committee shall be

seeretary to the exemptians cclnr"{?iitr*.

( 1?) Every ernployer stialt give t* ti:*se of hisltrer emplcyees

who are re.Erresentatives on the couneii, ever-v reasonable facility ttlattend their duties in cannection with fh* wark cf the c*uRcil.

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S.I. 45 of z}n

Applic{rtions fo, and grttnt of exemptions

5. i I ) Any employee or employer may submit an applieation inwriting, tr: the $xemptions committee in the formprescribedby councilfor exemption from all or any of the provisions of this agreement, andsha!! furnish the exemptions committee with such further informationas it may require far the pui:pcse af determining the application.

(2) As soon as it is pi'acticable ancl within fourteen days of itsreceipt, the rxsrnptions cornrnittee shail determine such applicationancl ffray' issue a certificate gratnting sueh exemption for such period,and sr-lQlect to such tenns ancl conditietns as it thinks fit. A ccpy ofsuch ee#ificate or the notification of any rejection and ihe reasonsther*f*re, shall be senf to tire *rnplo,v*e and/oremployer, as sppt'*trrriaie.

i3) The exempti*res comrnittee may, at any tir'ie" in respectoi an applicant ta whom an *xemptir:n has becn granted, revcke oramenC tirat *xeilipticl::,;as the case nlay be, and such r{:voilati*n orarnendment sliall have elfect f'rr:m such iiate as th': iriiilj:;::--tee r,:ei'fi,q and shail be notified {a the persons rcferred to in sui:c}ause t2}.

{4i Any efi"rp{r-;r/** CIr empl*yer rvhcse applicntion has h*enrejected, or wha has rec*ived a notificaticn under subclause {3i, rnay,withir: fourteen days, l*dge and app*atr. in writing to the council whoshall detennine the appeal r.vithin faurtsen davs of its receipt. Therejection, revocatir:n or amendment" as the case may be, shall remainvalid pencling the determination af that appeal, and shall be adjustedin accordance with that Cetennination.

(5) If the exemptions ccmmittee is unable because of lackof unanimity to reach a Cecision, an arbitrator shall be appointed bycouncil. The artritrator shall cletennine the matter within fcurteendays of its receipt hy him/irer, and hisftrer decision shall be final andbinding under this agreement.

(6) Any unexpired exemption under any previous regulationsor agreement which operated in the industry, and to which theprovisions of this agreement are relevant, shall have effect inrelation to this agreernent only for a period of six months after itspublication or until the exemption expires, whichever time occursfirst, during which period an application must be made in terms ofsubclause ( I ).

295

Collective B argaining Agreement : Construction Industry

Designated agents

7 .(1) The council shalt advise the Registrar of specified persons

whom it wishes to be appointed as designated agents to assist it ingiving effect to the terms of this agreement.

(2) Upon the production by the designated agent of a validcertificate of appointment issued to himArer by the Registrar in terms

of section 63 of ihe Act" an employer or employee shall grant himlher

rights of entry, access, search and examination as prclvided in terms

of'that section.

Enrolment of employers and notdicntion of contracts

8. (1) At the date of registration of this agreement, an existing

employer in the former buildiilg, civil engineering and concrete

proAuits industries registered, and in good standing, with the national

lmployment council for the construction industry shall be deemed to

have cbmplierJ with subclauses (2) and (4),and the balance of interest

accrued up to that date on hislher previous declaration deposit shall

be treld bt council to the credit of that employer until such time as

the provisions of subclause (9) apply.

(2) Any person proposing to become an employer in the

construction inclustry shall, prior to commencing operations, render

a declaration to the council, containing the particulars set out in the

form prescribed in Annexure 6.

(3) Any change in the particulars entered on the form prescribed

in subclause (2) shall be notiried to the council, in writing, withintwenty-one days of any such change.

(4) A person rnaking the declaration prescribed in subclause

(2) shalt pay a non-refundable joining fee as prescribed by councilfrom time to time.

(5) The secretary shall cause the trading name of every

employer who has complied with the requirements of subclauses (2)

and (4) to be entered in the council's register of employers.

(6) The secretary shall issue acertificate of enrolmentto every

employer enrolled in terms of subclause (5), and a new certificateshall be issued to an employer referred to in subclause (1).

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S.I. 45 of 2Al3

(7) Any employer who, for three consecutive weeks, failsto submit returns to council as required by this or any other currentagreement of council shall be notified of such omissionby the secretary.Unless such returns accompanied by the payments prescribed inthe notice of omission are made within seven days from the date ofnotification, legal proceedings for their recovery shall be institutedand the trading name of the employer shall be deleted from council'sregister of employers. Such deletion shall be deemed to be a cancellationof the employer's registration. For the purposes of this subclause, aletter addressed to the business address of the employero &S suppliedin terms of subclause (2), sent by registered post shall constitutesufficient notification.

(8) In the event of the-(a) cessation of operations in the construction industry by

a registered employer he/she shall notify council withinthirty days of such cessation and may apply forrefund ofthe surety or balance thereof, together with the interestthereon standing to his/her credit;

(b) cancellation by council of an employer's registration interms of subclause (7) or for any other reason he/she

may apply for the refund of the baiance of the surety,together with the interest thereon standing to his/lrercredit;

and council shall, within si.x months of such applicatirtn, remit theinterest accruais and the surety less any cleductions made in tenns clf

any agreement of cor"rncil.

(9) Any employer who has notregistered and is founcl nperatingwill he called upon to register with council and the fallcwing provisionswili apply--

i.a)---

(i) if the empioyer has tleen opernting with*ut beingregistered for a period of r:tte montir or more,h*lshe shall pay apenetty fee equel to fifty psrtentrsntaf the joining fee as prescritred in subclause (a)l

(iii regardless af ttre periccl for which thc einplnyerhas been operafing without Lreing registered withcouncil. all paliments" which he/shc should in terms

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Coltective Bargaining Agreement: Construction Industry

of this agreement, have been required to make

to council together with any shortfalls in wages

paid to his/her employees during that period shall

immediately become due and payable;

(iii) in the event of an employer failing to comply *iththe registration requirement within the spccifiedperid he/she wilt immediately stop operating

and council may take legal action to recover any

outstanding dues and shortfalls in wages;

(iv) aftercancellationoftheregistrationofanemployerhe/she will only be re-admitted for registrationafter he/she has complied with all requirements

and made all payments which were due at the time

of cancellation;

(b) in the event cf cessation of operations in the construction

industry by a registered employer he/she shall notifycouncii within thirty days of such cessation and if hel

she is registered in terms of subclause (l) may apply

for a refund of the surety ar balance thereof, together

with interest thereon standing to his/her credit.

( l0) Nc employer shall enter into any contract with eny other

employer to carry out bonstmction incJustry rvcrk unless helshe has

pruuiolsly tfetennined, by personal inspection of such employer's

certificati of registratian or ciher written proof that suc:h emplcyer

is currently conianning in terms of the |.lational Sccial Security Act

lChuptg I7:A4 ariti isregistered as an ernployer with the c*uncii in

terms of this agresment.

Enrotment of workers including working emploV-'er

9. ( 1) Every person, whether a working ernployer or employee,

perf*rming *ori. in the construction industry in the categories listed

in Annexures 1 and 2 shatl, not later than ten days after taking up

ernployment inthe industry, apply forenrolmentto the secretary using

the-foim set out in Annexure 7. The secretary shall, within fourteen

days of receiving the apptication, issue to the applicant,, a worker's

enrolment certificate. Such certificate shail-(a) in the case of a skilled worker or approved class of

worker. state the trade and class allocated to him/trer,

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V

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S.I. 45 of 2013

following classification by the MinistrY, or the tradeor occupation approved by council, as the case maybe;

(b) in the case of a person in the worker grades, state theL''ccupation and grade allocated to him/her by his/heremployer;

(c) contain a suitable photograph of the holder whichshall be provided at his/trer cost by the applicant insuch quantity as required by council at the time ofapplication;

(d) in the first instance be issued free of charge.

(2) Every person shall, upon request, produce his/trer worker'senrolment certificate to his/her employer orhis/her prospective employer.

{3) Subject to the provisions of subclause (1), no employershall employ or continue to employ a perscn who has not applied fora worker's enrolment certificate or who is unable to produce hisArerwcrker's eruolment when required to do so.

(4) Any person who loses his,/her urorker's enrolmentcertificate shall report such loss within seven ciays to the secretary,and shall, at the same time submit an applicatian for a replacementcertificate, using the form set out in Annexure 7. Such applicationshall be accompanied by such quantity of suitable photographs oftl:e applicant as is requirecl and such fee as is prescribed by council.The .,oecr€tnry shall, within fourteen days from rece ipt of application,issue a replacement wcrker's enrolment certificate to the aprplicant.Ali replacement ceffiticates shail be ciearly marked as duplicates.

(5) A person enrolled in a worker gracte, who, upon rneetingthe criteria as prescribed by council for enrolment to a highergraCe, rnay, not more than once in any six-month period, apply tothe secretary for enrolment tc a higher grade. Such applicatian,using the form prescribeC by council, shall be accompanied bysuch quantity of suitable photographs of the applicant as is requiredand such fee as determined by council" The secretary shall, withintburteen days from receipt of the applicetion, issue a new worker'senrolrnent certificate to the applicant, relating to the appropriatehigher grade, in exchange for his/trer otd certificate which shallhe retained try council.

299

Collective Bargaining Agreement: Construction Industry

Workers record of service

10A. (1) Upon the date of registration of this agreement, every

employer shall, unless he/she has already done so under a previous

agrbement relating to hislher industry, prepare for each of hisftrer

employees a record of service, in the form set out in Annexure 8.

If the imptoyee is or becomes a member of the trade union, his/trer

number shall be included on the record of service.

(2) The record of service shall be held by the employer and

shall be brought up to date and handed to the employee on termination

of service.

Retrenchment

108.(1) An employer who wishes to retrench five or more

employees shall do so in terms of section IZ(c) of the Labour Act

lChapter 28:011.

(2) An employer who wishes to retrench less than five

employees shall do so according to Statutory Instrument 1 86 of 2003.

Council's dues

ll. (1) Council's dues shall consist of contributions to the

general funcl and shall be made by every-ernployel and employee

in the industry for such purposes as are provided for in council's

constitution, anel shall consist of-_(a) cleductions of 2.5% of basic wage per week frarn iill

skillecl workers and other classes of wor*ers $pecifieei

in Annexure 1 who havb r,vorked three working days

or tnore during that warking week;

ib) equal amounts added by all employers to the deductions

specified in paragraph (a);

(c) an amount equal to 2.25cio of the hasic worker gracle

one weekly wage, which shall be paid to council by aself employed person or working ernpioyer, or partnetr,

or a director, r,vho has bcen registered try catrncil aS a

rryorking employer;

(C) an amount equal to that specified in paritgraph (c) per

week. which shall be paicl to cottncil by a porson, cr

\?

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S.I. 45 of 2013

partnership, or company, who, for the time being haveno employees and are notperforming work as a r,vorkingemployer, which amount shall be accompanied by theform provided by council for recording wage deduciionsand contributions completed as a Nil retum.

(2) The employer shall add the amounts specified in subclause( I ) to the amounts required to be paid by employers and employeesto the pension fund in terms of those current Uenefit agreements, andshall enter atrl the required particulars thereof in the foim provided bycouncil for recording wage deductions and contributions. This form,completed as prescribed by council, together with the aforementioneclremittances shall be sent by the employer so as to arrive at the officesof council not later than ten days aftei pay day of the week to whichthey relate.

Where remittances to council are not paid by the due date,interesf shall be chargeable at the rate of 7 .57a ro*pound interest.

(3) Every employer shall ensure that the form provided bycouncil for recording wage deductions and contributions is ur"donly for that pu{pose, and that the form is properly completed inall respects when submitted to council. It in council's opinion, anemployer is abusing the form or using an excessive or unreasonablenumber of forms, it may impose a charge, which it shall prescribe,ol llut employer for forms required by him/trer, and that

-employer

shall pay that charge until the council sees fit to withdraw it.(a) Council shall at an employer's request give instruction or

assistance to that employer on the correct compilation of the form. Onthe first such occasion the instruction shall be afno charge, thereafter oneach occasion on which the council gives instruction or assistance in ornecessarily corrects the compr-lation of the form the council shall chargea fee equal to one percent of the total remittance due with that form.

Trade union membership fees and check-off system

!2. (1) The check-off system for the collection of trade unionmembership f.ees due by any employee in the formerbuilding industryprovided for in Statutory Instrument 402 of 1983, ?s amended aniextended, shall continue unintemrpted by this agreement but shall besubject to its terms and provisions and shall upon the registration of this

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Collective Bargaining Agreement: Construction Industry

agreement, be extended to include any employee in the constntctionindustry who so requests"

(2) The trade union membership fees to be collected shallbe those amounts notified to all employers from time to tirne by the

secretary to council whenever the tr"ade union infcrn' ' hitn/her of theamounts it has determined as its fees.

(3) An employee agreeing to enter the check-cff systern siratrl

cornplete. and shall sign and have duly witnessed, a stop-r:rdcr, in a fcrnxprescribed by cr:uncii, auttior"ising his/her elnploy*r ts iieduct weeklyfrom hisiher wages that anount whieh constitutes his"i:ei' lecs tr-, tir*tracle union using a ccpy of the NEC check-off systern orcier b*ok" 'fhe

coune ii shall advise an new prospective eu:ployer to deduct d**s f t"rlrn

any rnember upon receiving the first cantributicns af General Frurrci.

(4) Not later than two pa,v periods after the receitrlt b;; the

emptroyer of a stop-arder as provided for in subclause i3,1,, an crn!:iloyer"

shail make rhe reqtiisite cleduetiun each week frorn tli* emg:loy*e's

wages:

Fl tlviderj that an exnplo5rer may refuse to make such d*drictionif it is pro.'.'*d tc ths satisfaction of council that undue infiucnce (lr

ccerci*n has been, or is being, exercised by rnembers of the trade

union to c*rnpel non-members tc become members thereof.

t5) From all munies due to the trade union, collected hy hinvher in terms of subclause (4), the employer may deduct and retain acollection fee of not more than one per centwn of these moniss.

(6) Upon making the deduction in terms of subclause i4), the

employer shall enter the employees' name, NEC number, class orgrade, and the amount so deducted on the form providerl by councilfor recording wage deductions, and shall remit the amount, less anycollection fee in tenns of subclause (5), to council together with a

number of copies of the form as may be required by council.

(7) Upon receipt of the trade union's fees, eouncil shall transrnitthese to the trade union together witli a copy of'the form refemed toin subclause (6).

(8) In the event of a change from one employer to anotirer byan employee who pays his/trer trade union fees through ttre check-offsystem, it shall be the responsibility of that employee to complete

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S"f. 45 of 2013

a new stop-crder as provide'l in s':bclause (3) and upon receipt ofthat new stop-order the new employer shall comply with the termsof subclauses (4), (5) and (6) relating to deductions and acquirral.

(9) An emplo,ver shall cease to rnake deCuctions in terrr.rs ofsubclause (4)---

(a) afier the eighth day pe"iacl foliowing the reeeipt b_v theemployer cf a duly r,vitnessed order signed by rhe *piny**cancelliut_g the stap-orcler unless such cancelling orcJer is' revcked hefare rhe end of the eightti pay,periol;

(b) nof later than tw* pa.' ;rcri*ds fallowing th* receipt bythe enrplirye r

":f a written natification Uy tile trade union

that the employe* has been expe lied bt the tracle union"

Av a il. *h i i i rrv* t1!- n g r e e n? e y? r

13" Every *mpic.Yer shai! make a-u'aii;{rle in & piac;e easilvaccessible t$ all persons in hislher empi*yment" a copy of rhisagreement and ail arnendmenrs ther*f*.

{}fficiaf n,otie:e,T snri notice brs#rci

14' (1) Where an employer prcvicles at an esrablishrnent, anotiee board, it shali he of'rease:nahle size, heing n*t less than cilesquare rnetre, and i:e l*cated in a cofisflicuous plaie easily accessiblet9 all psrsons in hislher emplayment at that plice. Suckr notice Lr*ardshall show the ernployer's nams and b* so Co**t*cted and secured,protected anel if necessary illuminated, as to ensure the safe keepingand legibility of notices placed thereon. -

i2) The aforesaid notice board shall be deemed to be anofficial notice board and ail notices placed therecn by the employeror by the workers' committee relating to conditions of *mployrnent,labour relations' ittstructions, company rules and other infor*rationaffecting em'ployees in their emplbyment, or placed thereon at therequest af council, shall constitute official and iufficient norificationto the employees at that establishment by the employer, the wcrkers,committee, and councii, as the cas* *ay be, of ru.fi *utJ*or"

(3) Where a notice board as aforesaid exists, the employershall display and keep up to date on that notice board, u noti*e shbwingin respect of that establishment-

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Collective Bargaining Agreement: Construction Industry

(a) the number of ordinary working hours per week;

(b) the normal daily times of starting and finishing work for

the various categories of ernplclyees atthat establishment;

(c) the details of any annual shut-rjown;

(d) the industrial holidays prescribed in clause 31 .

An employer shall comply with any request made by, or on

behalf of the *orker*' commitiee ancl council whereby a neitice is

required to be displayed on the notice boartl.

(q No persorl shall, without lawful cause alter, d9f ace or move

or cause to be iltered, defaced or rnoved, the copy of the agreement

referred to in ctause 13, or any notice which has been placed try the

employer or the workers' committee on the aforesaid notice boarcl

*r,r*pf on the instructions of the employer when carrying out his/trer

responsibilities in terms of this clause.

(5) Wherever construction operations are being carried on

by a1 employer, he/she shall clisptay and maintain, in a conspicuous

piur* on that construction site, aicessible to the public, a sign-board,

of a size at least one square metre, showing hisArer name, business

address and National Employment Council registration number with

conspicuous lettering.

Penr III '

CONDITIONS OF EMPLOYMENT

Employees bound by parallel agreemenls

15. It is a prime condition of employment that all employees in

the industr|, stratt be bound by current benefit agregments, particularly

those relating to pension and medical funds and shall contribute thereto

if so required by such agreements.

p,rotection of employment: protection of subcontracting employers

16. (1) An employer shall not give out, and an employee shall

not perform work except upon an hourly paid or shift basis and in

conformity with all the terms of this agreement.

(2) Contracts of employment to do work for which a minimum

hogrly rate is laid down in this agreement shall be entered into on an

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frourly basis, and for every incomplete hour worked by an employee, his/h:t employer shall pay a proportion of the employee's current ho*ly rateof wages to the nearest quarter of an hour foi Ur-e time actually *oik d.

(3) No employee shall carry out or perform work in theconstruction industry as defined in this agreement for any personother than a registered employer.

(a) No emploY"t $a,ll employ aperson to carry out orperformwork in the construction industry as-deiined in this ugt".*ent otherthan an enrolled employee.

(5) An employee, whilst in the service of an employerengaged in the construction industry, shall not undeftake, for trislher own account, any class of work falling within the definition ofconstruction industry:

Provided that this subclause shall not apply to an employeecarrying out work on any existing residential premis-es owned by frinVher.

(6) All employers in the construction industry shall notdiscriminate against any empioyee or prospective employ.. on g;ounJ*of race, tribe, place of origin, political opinion, colour, creed,-gender,pregnancy, HIV/AIDS status or disability.

(7) Every employee shall have the right to be a rnember of atrade ttnion ancl workers cornmittee ancl *ttgig* in larvful activitiesof such a trade union anrJ workers cornrnittJe .

i8) Every employee shall have the right to fair labour stanelarclsand dernocracy at the workplace and nn, p**on shall hinCer. obstruetor prevetrt an employee from taking any lawf'ul actiol f"or aclvancingor protecting hislher rights or interests.

(9] I'io emplcye,r shall engagc in unfair labogr practices r,vhichare otttlinerl in sectian I glf the Labour Act l,Chapter-ZE:t)ll.

C r;n t rtr r. t of enz ployrnenfI 7' An employer shall, in writing, inforin every employee Lrpon

oilgagement of the natttre of hislhsr contract, inclucling*-(a) his/her grade; and

(b) his/her rate cf pa,r,' and when it will be paid; ancl

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Collective Bargaining Agrcement: Construction Industry

(c) any provision for accommodation; and

(d) duratiol of contract and the period of notice required

ta terminate the agreement of employment; and

(e) the hours of work; and

(0 the details of ani+ i' ?nus ,,r incentive production scheme

in operation; and

(g) the nature and duration of any fixed annual shut-down;

and

(h) the provision for benefits during sickness or pregnancy;

and

(i) vacation leave; and

fi) his obligationto abideby the code of conductin Annexure

II; and

(k) the terms of Probation, if anY;

and shall use the otficial employment agreement form approved by the

Ministry and by ccuncil and set out in Annexure 12 of this agreement'

Hcurs af work and, dilY-off

1S. (1) The provisions of this *lause shall not apply to guards

and watchmen.

i2) subject to any exemption granted under clause 5 and to

ttre terms af clause 20 relaJing ta shift-work, the crdinary hours af

w*rk for nlt employees shall nat exceecl forty-four hours per we*k

wtrich strall be iv*iL** betr,veen the hours of 7 a.m. and 5 p.I11: of

these hcurs, nine shalt he warked eal:h elay on a Mcnday. Tuesday,

Wodnesday and 'fhursday and eigirt shall be worked on a Friday.

t3 ) All empioyees strall be allowed a fitteen minttte breaii

about rnicl-marning eulh day with pay, and also a mid-day break of

a rnininlum of thirty rninutes without" pay

(a) An employer"shall not require an employee to work more

than twelve hours in any period of twenty-four hours, nor for more

than seventy-two hours=in any period of seven days"

(5) An employee shaltr not be required to work far a continuous

period of more than four hours without being given a break of fifteen

minutes, without the loss of PaY.

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(6) Every employee shall receive at least one day off dutygach wggk. vr'v \'

(7) An employee shall not be required to work on his/trerday-otf, except in Caset ?{ eg"rgency woik, and no employee shallbe pertnitted to work on hislh*r iuy-orf in successive rveeks.

Overtime19' (l) The provision of this clause shall not apply to guardsand watchmen.

(2) "Overtime" means any work done in excess of the totalhours per week set out in clause l-g12;. 4'r v'rvv,,rJ

(3) The wcrking of overlime shall be by mutual agreementbetween the employer ano the pamicular.*pioyee affected, except-

(a) in the ca$e af emergency work; or(b) on essentiai services; or{c) as provicled in clause Z0 (5): or{d) in fny other abncrmal circurnsiances which shall he

nertified to c*uncil within twenty-iour hours;rvhen the emplo3rer rnily require, anq! the ernFlovee shall work suchavertirne as may be n***ssary.

{4i An emplr:,1..*i shnli ljay *}} employee on t}re followingbasis frrr cvertin:e workcd-*

t '

ia) at the employee's cilnetrthonrlyrate plus one 6alf of thecurrent h*urly r*[e in r*spect of ali hours rn any p-;i;;frcm htfondai t* I"rietay *xceerling farty-five haurs a*clnor r:xce*ding sixty_hrJurs.

(b) fcr each hour or p$rticn q:{'an hour warked betweenmidnight cn Fridny anel ?:30 a.m. on sunday at theemployee's current ha*rly rate plus one half of thecurrent hourl3, rate; whether or not t'e employee hascompleted 44 hours within that week;

(c) each heiur or portion of an hour worked between Z:3{ia.m. on sunclay and ?:30 a.m. on Monday shail be paid3t tfrg employee's current hourly rate plus the currenthourly rate. !

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Shift-work

20. (1) The provisions of clause l8(3), (Q.and (5) shall not

apply to ritift workers, who for the pu{poses of this clause shall not

inCtuOe guards and watchmen.

(2) An employer may require any or all of hisftrer employees

on a contract site tb chang* ttirttrer ot their hours of work to those of

a shift worker.

(3) If an employer requires an employee to change his/her

hours of work to that of u snift worker, the employer shall give

the employee concerned at least five working day-s', notice prior

to suctr- chinge and inform him/her as to the date of the change as

well as the hiurs and shifts that will be worked by him/trer. The

employee shall conform to the terms of such notice, on the date

of change.

(4) The ordinary hours of work far shift workers shall not

exceed forty-four houtt p*r week, and the ordinary hours of work

per shift foi a shift worker shall not exceed-

(a) nine hours, where two shifts in a period 9f twenty-four

hours are operated, anrJ such shifts shall be workecl as

five tronsecutive shifts ;

(b) eigllt hours" where thr*e shitls in a periodcf twenty-f'cxrr

hours are opeE:ateti, *trd such shifts shall be warked as

five consecutive s?rifts.

(5) Notwittrstanding rhe provisiorrs of clause lSt6) and (7),

an empliiyer: may require, *ttd an ernphyee shall work such overtisne

as is laid elown in accordar:ce with th* c*ntract si$. shitt roster, and

th* empluy*,i strall he peid !or such i:vcrtime rl'*rk*,d in acccrclal]{1f,

with clause I9.

(6) A shif t worker whi-ise tlrtili h*nrs of work cloes not erc*ed

ten hoorr p*r shift shall i:c -Eran{eri a break r:i at least ten minutes

cluratro,r oipooxirnate ly mid*ay through the shift arid the employ*c

shall be paid fcr such a break.

{7} A shift rvcrker whas* tctai hours af work exceeds te:]

h*rlrs per shift shall be granterl two breaks each of at least ten mintttes

duratiun, the first such break shall be taken itpprerxlmately a thircl cll

the way through the shift ancl the s*ccnd break approximately two

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thirds of the way through the shift, and the employee shall be paidfor such breaks:

Provided that where due to the nature of the work the employeeis carrying out' the breaks as provicled in this subclause and subclause(6) cannot be taken at the tirnes prescribed; they shall be taken eitherbefore or as soon as possible thereafter.

(8) The emplo-yer shall provide the services of an employeeto prepare tea during the prescribed ten-rninute break.

{9) An employer shall not require an ernployee to work twoshifts in any period of twenty-four hours except-

(a) in the case of emergency work; ancl(b) for the purpose of changing shifts when ar least eight

hours shall have elapsecl since the completion of lheemployee' s previctus shitt.

(10) A shift worker who is required to work two shifts in aperiod of twenty-four hours for the purpose of changing shifts shallnot be entitled to payment of overtime for the ordinu,& hiurs workedduring such shifts.

(11) A shift worker shall not be kept on night shift for acontinuous period of more than four weeks without his consent.

safety and protective clothing and appliances21. (1) Every employer shall supply, free of charge, to each

of hisArer employees suitable safety a"a protective cl6thing andappliances lppropriate to the trade or occupation of the emp'ioy*,concerned. Such safety and protective clothing and appliances shallbe in accordance with tft" Sc^hedule in Annexuie 4 tottris agreement.All construction-site workers shail be provided with hard his bt th;ilemployers, free of charge.

(2) An employee shall, at all times, while at work-wear oryse any safety and19r protective clothing or appliances supplied tohimftrer in terms of this agreement, and failure to do so shall absolvehis&er employer from any legal liability arising from any incident orinjury attributable to such failure.

(3) The safety andprotective clothing and apptiance shall remainthe property of the employer but the care and maintenance thereof

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collective tsargaining Agreement: consrnrction Industry

shall be ihe responsibility af the ernployee who shall return all such

iterns in a clean and seryic*able c*ndition. tair weer expected'

W*rkinE r:lothing

ZZ. il ] Employees ensaged in the trades end occupetions listed

i11 Annexurss l - anb 2 tc in* agrcernsilt, excfipt those deJ'ineci as

clerical wcrkers, strall he entitled, $potl $uccessful carnpletian of their

preibatianary periads, to rec*ive frq)fft th*'il *mploycr, free *f, charge,

a s*,t cf ovei*it*q of the hoilcr-sriit. wr-rrk-siii'; or dust*cat types- ttlr us*'

b3, tliern r,vhilst 3t wcrk. Th* caile nird snitintenance ai'such working,;i*thing sh*ril be thrl r*sponsitritir,r.'" *f t?ie *nrpl*y*e who shall be

entitled ta a replaceni*nf issu* r:r:t fil*:i"*. than onl;-t ir: ea*h elapsccJ

six rnpnth periact. T'h* en:playfir si':.atrl p::r:l'idc a stalleJard ?-5t] g htrr'

r;f soilp p*u:**nth wheihsitengible"L:;*;: t:r the value equivalent to the

e*st *f ttre bar for iatindering wr:rking cl*thii^rg'

(Z) Upcn te:-minaticn *f *rng:l*vn'l*nt i*r v"'hat*ver reas*n" lh*

*mpl*ye s refin ed to i* subciar-rse { i i sliai! reii.:rn ta the emplo,v*r the

said ovsralls in a clean end serviceebk: ci:nrilt.icsl, tair wgar expected'

Faiiirig such rsturn, the er:pl*:,ve*. shaii havc *ieciucted frcm his,fter

final p*y**nt the cost of the sairt i:v'ci'itlt;r at lhe tirne of issue'

fleeeith *nif :;rtfetry

23. { I ) Every ernployei" si:all *sta}:lish a health and safet,v-

somrnittee consisiing of tvyo emplcyer repr*sentatives an,J trv*

employee representaiives, and qhnt cornuuttce shalt elect one cf itsmembers es chairman:

Frovided ttrat where a works courlcil sxists, it shail appoint

the health and safety eclmnrittee fri:m amongst its members.

(2) Thehealth arrd safe ty cornmittee shali apply an{ adrninister

within the establishment the industry's occttpationai health and safety

poticy as deterrnined by couneil frorn time to iime

(3) The council shall app*int safety officers from amongst

its designated agents to assisf in giving effect to the industry's

occupatfunal treatttr and safety policy. S_uch safety officers shall

have-the powers of entry and insper:tion of designated agents for the

purpose of discharging their functions.

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Site shelter and other facilittes for employees

24. (l) On every construction site where constnrction work(except jobbing) is being undertaken, the following facilities shall,unless irnpracticable, be provided for use by employees-

(a) a lock-up;(b) rveather proof shelters suitable and adequate for

employees to shelter from inclement weather;

{?) On every constnrction site, where construction work(except jobbing) is being undertaken, the employer shall provide.-

(a) insurance for tools, stored in the lock-up referred to inparngraph i1);

(b) tea and the services of arr employee to prepare tea forttre morning hreak;

(ci sep{u-ate toilets with showers ancl washing basins shallbc provided for female employees;

{C) mirrors shall be fitted in ladies change rooms;

(ej iunch: sadza and vegetables shall be provided duringthe lunch period as the minimum standard.

Skilled worker s' rocJs

25.tl) A skilled ur*rker undertaking eonstruction industry t.vpework shall pravide for hislher own use sueh tools as are prescribed inAnnexure 5 of th.is agreement for his/her particular trade. Any suchskilled worker, providing and maintaining in good order and conditionat all tirnes ths tools applieable to the foilowing trades strall be paid byhis/her empl*yer a tool allowance tn accorelance with the following-

(a) asphalting, glazing, painting and decorating, wt:odworking-machining, architectural metal work-aspre.$cribed frcm time to tirne;

(b) hricklaying, masonry and stonework, plastering, terr &z.zo

and mcsaic wall and for floor tiling-as prescribed frorntime to time;

{c) carpentry, carpentry/joinery, wood-working, jcinery,shop-fitting, electrical installation, plumbing-asprescribed from time to time;

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collective Bargaining Agreement: construction Industry

(d) other designated or approved trades, at rates to be

prescribed bY the council.

(2) A skilled worker undertaking extraneous industry type

work domestically for an employer in the ionstruction industry, shall

provide tools for irisArer own use according to the agreed practice in

the relevant extraneous inclustry, or in accordance rvith Annexure 5

if applicable.

Watchmen

26.(I) Watchmen are equivalent to Worker Grade three (WG 3).

(2) The hours of work for watchmen arc 44 hours per week.

Code of conduct and grievance procedure

27 A.(1) The code of conduct and grievance procedure set out

in Annexure 1t shall be observed by all employers and employees:

Provided that, if neces s ary, an employer may, with the approval

of council, adapt or simplify the code irrdetail but not in principle to

suit the circumstances of ftisffrer particular establishment'

(2) Alt disciplinary cases and discharges shall be dealt with

in accordance with the code, and in any such,instances which are not

covered by the code, these shall be dealt with having due regard for

the spirit and intention of the code'

Terminatiotn of employment, and tirne and tasik contracts

Z7B. (1) A contract that does not specify its duration or date of

termination other than a contract for the performance of a specific

service, shall be deerned to be a contract without limit of time.

(Z) An employee shalt be entitled to wages and benefits

due to him/her up tc the time of dismissal, termination, resignation,

incapacitation ; deartr, including benefits with respect to any

outstanding vacation, leave pay, notice period and pension.

(3) The empioyer shall pay benefits to such person or his/her

estate, as the case {nai be, as soon,as practically possible"

t1:)The wage$ and saiaries shall not form part ofretrenchment

package which an employee is entitled in case helshe is retrenched'

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Notice of termination of employment; termination af time or taskcontracts: termirration owing to continued abs;ence from work

28.(1) Except as provided in subclause (8), an equal period ofnotice to tenninate any contract of employment shall be given by theemployer and the employee parties thereto.

(2) Since all contracts of employment in the constructionindustry which are subject to this agreement are based on hourly ratesof pay, the minimum periods of notice in respect of an employee incontinuous employment shall be-

(a) twenty-four hours in the case of a contract of less thanthree months;

(b) two weeks in the case of a contract exceeding threemonths but less thalr rix months;

(c) twenty-two working days, when the period ofemployment exceeds six months but is less than oneyear;

(d) two months in the case of a contract exceeding one yearbut not exceeding two years;

(e) three months in the case of a contract without limit oftime or a contract exceeding two years.

(3) Except inthe circumstances of subclause (2) (a), noemflloyerqhall give ncrtice of terrnination of contract whilst the ernployee is sickcr disabled, and entitled to sick leave benefits in tenns of ciause29.

{4) Neither the emptoyer nor the employee shall give nnticeof ternlination of- contract whilst the employee is on vasation leave"

(5) An empk:yee who has given orreceived notice to terminateernployment shall not be required or permitted tei take vacation leaveduring the peri od of such notice, except by mutual agreement, in writing.

(6) An employer may discharge hisArer obligations by payingan emplcye* hislher full wage and allowances for anC in place of theperiod sf notice required to be given in terms of this clause:

Frovided that if the employee is sunrmarily disrnissed interms rif this agreenlent., he/she shall he entitled on disrnissal only towages, leave and *vertime payrnents and any ather allowances andhenef?ts due to him/trer at the time of hislher dismissal.

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Collective Bargaining Agreement: Constnrction lndustry

(T) If an employee leaves his/her employment without giving

notice or having given notice, fails to work that periodof notice, the

employer rnay iJOuct from any wages or leave due to that employee

an amaunt equal to the *ug"i he/ihe waulcl have earned if he/she

had worked the Period of nctice'

(8) Any contract of employment in respect of an employee

ertgaged for*-(a) a time period, shall specify the starting and te.rrninating

dates of'that Period;

(b) perfornrance of a specific task, shall establish clear

understanding hy both parties as to the heginning airei

e*d af the pJrf*rrnanLe of such task* or those. pcints

during the builct-up or winding-down thereof, at which

the contract of ernpkryment starts and tenninate,s;

anct nr furtire.r period af notice shall be required:

prav ided th at a$i,' e arl i er terrnination o f' c ontrac t of empl {i ymenf-

shall be sutrjeci to tfue tirrns oi sul*clause i?i'(q) Subjeet to rhe provisi*ns of clau se}gt?Xtr;, lvhers, owing

ta iilness $r aceident, an Lrnployee is unable for a p-eri*d *xce*ding

il-ry ,!"***stive days to iriifill the c*nditi*ns e-rf the c*rrtract of-

ernpXbyment, the ernpit:yer Ehalt be entitled t* ternrinate ths er}ntra*t

on due notice and in such event fhe ernpio3'e.e strall. be e*ti"led t* nll

the bep*fits provi*letj f*r iEl this agreement atrd the eLlntrect trp t* qtate

qif termination"

ilfii t{ot}ring in this elatrse shalx pf€verrt an employer unq

a;1 esnnicyee nnutuaiiy egreeing tc the termination cf a e*ntract of

ernplci*bnt or to the wa;ving of natice if suctr agreenicnt is in writing

*rd si$ned by borh parties at-the time the ernpioymertt is teminated"

{ I 1} An emplcyee engeged as a skilted warker, class t ,2, 3

or 4, or as en approved itu** ciF worker strali be allaweei r-o E"-lut hisiher

taols in eirder Juring the last half ho'*r e>f the pcriad clf *otice referreei

to in subclause (1).

{l?} Any notice of tenninaticn *f *rnFi*y-mcnt:*lall **nf*rurr

witlr ttre relevant terms of section t 2 ,(:!: th* tr*al:olal" Act {Chr+pter ?#:t} }}

with amenclments.

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Collective Bargaining Agreement: construction lndustry

(?) If an employee leaves his/her employment without giving

notice or having given notice, fails to work that periodcf notice, the

employer may IJOuct from any wages or leave due to that employee

an amount equal to the *agei he/she would have earned if he/she

had worked the Period of nc'rtice.

(8) Any contract of employment in respect of an employee

engaged for--(a) a time period, shall specify the starting and terminatilrg

dates of that Period;

(b) perfornrance of a specific task, shall establish clear

lnderstanding by both parties as to the heginning ailcl

end af the pJrf*rrnanLfl of such task, of those pcintl

during the truild-up or winding-down thereof, at which

the contract of employment starts and temrinates;

ancl no furtirer period of gotiee shall be required:

prov ided th at ani,' e a: ! i er terrnin ation o f, c srntrac t of empl * ymeni

shall be subje*t to the tenns of sut:claus* {2}"

tg) Subjee{ to the prcvisians of clau se}9tlXtrl, lvhers" owing

tc iilness or accident, an bmployee is unable for a pgricd excteeding

;il;ry,- *L"**curive days to iuif*t the e*nditi*ns q-rf th* corrtract of

ernpXbyment, the ernpiayer shalt be entitl*d t* terrninate ths eclntra*t

cn due notice and in suctrr event the empiayee shalt be esrtitled t* nll

the berrsfits provi*terj fr:r in this agr*ement and the euntrect rap t* date

qlf tetmination.

t1fii i{ot}ring in this ctause shalt prevent ail ernplayer unq

an e$lnicyee rnutuaiiy ugreeing to the terminati.*n cf a cnntrect of

*rnplcimbnt or to the waivin g,:f ncticeif such agr*enicTt is in writing

und si$neC by both parties aithe time the emptroyrnertt is terminated.

{ 1 I } An employee engaged as a skilteC wcrker, class 1 u 2, 3

or 4, or as an approved ilu** of worker strali b* alloweei tu put hisiher

taols in grder during the last hatf hor.rr s:f ths periccl slf *ertice referreei

to in subclause {1}.

{1?} Any notice of ten*inaticn *f *mp}*y-*rent,-g}i;iil **nfcr:r"r

with the relevant terms ot'section [? *f th* tr-aF:ous' Act {Chrap{er 2S;#i]

with amenciments.

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Pnnr IV

SICK AND VACATION LEAVE,, INDUSTRIAI- FIOLIDAYS,SHUT-DOWN, MATHRNITY LEAVE AND F'UNERAL

POLICY

,Sicft leave

29. tl ) For the purpose of this clause-"medical certificate" means a written certificate issued to a

person after a medical examination of that person by amedical praciitioner which stat*s_*(a) whether or not that person is unfit for rvork: and(b) if so unfit, the period of incapacity;(*) whether or not the incapae-iry was self-infii*ted;

"tnedical practitionero'nnsans aperscn who is involved directlyor indirectly with a patient far the diagnr:sis" ameliqrrati$nortreatment nf an ailment, and whc is r*gistered r.vith theHeaith Frcfessiuns CE:uncil, or any cther person whciurcouncil may recCIgnize as a practitioner for the purposeof'this egreement, and shall incluCe a State-r*gisteredn$rss if n* rnedical practiticner is available;

" s ick,f ::il,ffff LT*T * TL' :ffi Hf, H"n.ffiTfi :

pr*dueti*n *f a mectteal eefltificaieo and shall not ccuntas vacatieln leave;

u'year'= meffns three hrsnelr*d and sixty-five days cofilrnencing

:tr*: rff $: *::#*H,1* :ffi :ffi$::!w i

'h h i s/her

/;.{ \tl i--iai

ffitliffiJ#J:*fffiiltri#ffi-'-T,? :tr3 :Xfi,ffift:r enJ' alrlt i,'*ar ,qhali be up tc ttrre* rn*glths cn full peyensl e ti;r-tircr thr*s rfisnths *n h*lf"pe-y-;

{h} *fter 9{i da3's *$ fi;il g}ay *e"nlter a t*cal *f 18* days- sickE'*avr,- aE? *tmpleiy** rney r;e grante,el accrued vacaticn[*avs irtsteaqi {"}f siEF.i l*ave arc half pay cr wit[rcn:t pay,resps*{rCivei3.":

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provided that the employee's incapacity is _not covered by

the National Social securiry Act icrtopttl !7:o+lor the State service

(Disability Benefits) Acr lchapter 16:051 or similar enactment

providing compensation for such incapacity;

(3) lrhen an employee is unfit for work because of illness or

accident which is not sef-innicted, and produces a medical certificate

in confirmation, he/she shall receive sickleave and be entitled to all his/

her benefits under this ugt"**ent for the period of hislher incapacity'

(4) If an employee claims whilst at work that he/she is unfit

because of illness or aicident, not self-inflicted, the employer shall

release the employee for examination by a rnedical practitioner' If on

return to work the empioy". produces a medical certificate following

that examination which .unfir*, his/her claim, the provisions of

subclause (3) shall aPPlY"

(5) Inespective of the other provisions of this clause. a*

employe.r shall have the right for the pufpose of a second opinion

to require an employee to rindergo unottt*o medical examination by

a different medical practitioner to the one consulted in relation to

subclause (3) or (4):

provicled thet the ernpl0yer shall pay the employee at his,/her

current hourly rate of wage for the tirne so spent and shall aisa pa1' ali

reasonable expensss *nn#*ted therewith incfuding the exarnination fee'

(b) tf, after cxhatisting the sick learie entitlement, an emploryee

continues io ab,sent hirnselflh-erself from wark far a period sxg(:*ding

thiny consecutive cuy*, the empl*yer may terrninate the contract of

**pinyment in terirts *f claus* ZBi9)'

vucation leave antl Q/u7l4t7l shut-down, cush in xieu

30A, (li Exc:ept far subclaus*s (2), i?):,(10i, (1 i) aad ii2} the

provision of this clJuse shall n*t rippry t* guards and watchmen.

(2) Lear,e accnled to irn ernploye* 1t the rate provided fcr in

any previnus agr*ernents orrsgurations; repealertby this agreement shaltr

be crectrited to hirn/her at the date of ga;etting o! th{ agr*Llnlletrt- after

which leave shail accumr:la:e at tl"l* x?Ee prr:rvirled f-ar in this a$rcffie$t"

(3) For each e*mpleted xnein*r s;f servi** e* *rnpioyfq sirall

accumulate paict va*aticn-ieav* at the ralr of *ne frotll.{na *lgh'r tha"e:e

three three (1 ,g333 i workigrg &i"y$ per m*::rth a*d ftfty part tlf" a n:*s:th

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S.I. 45 of 2013

exceeding two weeks shall be regarded as acomplete month. Excludingfactory based employees and except for the provision in subclause(9) such accrued leave shall only be taken during. annual shutdown,and leave taken at any other time shall be unpaid'leave.

(4) EY.ry employer, except for employers undertaking themanufacture of concrete products under factory based conditions, sliall inrespect of employees to whom this agreement applies, observe an annualshut-down in accordance with the provisions of this clause, and shallensure that a notice to employees giving the starting and ending dates ofthe shut-down is placed on the notice-board, or otherwise communicatedto his/her employeps, not later than 3lst August each year.

(5) The period of the annual shut-down shall be not lessthan that necessary to provide thirty consecutive days awayincluding weekends and public holidays that is to say twenty-two working days off work to the employees concerned over theChristmas and New Year period, and any vacation leave accruedby an employee in excess of the twenty-two working days shallbe paid as cash in lieu of leave. To provide uniformitt of theannual shut-down, the starting date of tfte shut-down shall bedetermined and announced by council to all employers not laterthan the 31st August of each year.

(6) Every employee, except for employees undertaking themanufacture of concrete products under factory based conditfuns,shall take his/her vacation leave and go on leave for the entire periodof the shut-dowrl. If hisArer accrued leave is insufficient to cover theperiod of the shut-down, he/she shall be given unpaid leave for thebalance of such period.

(7) Before proceeding on leave an employee shatl receivethe leave pay due to him/trer at his/trer cltrrent houily or shift rate ofwage. as appropriate, fbr hisArer accrued leave.

(8) For the purpose of'calculating the cash equivalent ofleave accrued after registration of this agreernent, each completedmonth of service as defined in subclause (3) shall be multiptiedby one coillrna eight three three fhree ( 1,8333), the product beingmultiplied by eight, comma eight (8,8) (being auerage daily houriof work) and this result shall be multiplied Lry tG **pioyee'seurrent houriy rate of pay:

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317

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collective Bargaining Ageemenfi construction Industry

(Example: An employee who has worked for eight months and three

weeks before the shut-down-g x 1,g333 = 16,5 x g,g ;145.2x currenthourly rate of wage = leave pay due

(g) Where the Governrnent of Zimbabwe, or an agency thereof,

or a client who provides essential services. or other circumstances

approved by the exemptions committee, require an employer to work

during the annual strut-down or part thereaf, he/she shall permit an

employee affected thereby lo take the leave which was ciue to him at

some other rnutuaily agreed time. Alternatively, th€ employee may'

with the consent of the?rnployer, elect to be paicl the cash ea,uivalent

of such leave or a portion ihereof in addition to his/her cuffent wage

in place of Proceeding on leave'

(10) Every empioyeD whose empl*yment is terrninatsd by

hirnseif/herself or histhlr employer fcrr any reason whatsoever, shall

be entitled to be paid the cash equivalent of any accrued leave at the

elate of terminatibn of employmlnt, less any deductiori permitted in

terrns cf clause 28.

(l l) A guard or *'atchman shatl accurnulate ieave at iire rate

cf one commu 6igt t three rhree three for each ccntpleted mont?r oi

service, And any part cf a ffionth exceeding two weeks shall count as

a eornpleted *oittt. Ths cash equivaient of sucti leave shall tr* eaclt

completed rnonth's service rnultiptie.d by cne comrna eight three three

thres and then by the employee's current rate oi shift-rlaY"

{12i t}nless an employer requires a guard or watehman to

take his/her'accrued leave Ouring the perioq of *re annual shut-down,

such empl,oyee shall be sntitied tr: take hislher aecnleC leave at sorne

ottrrer mutually agreed time; or ta be paid the cash equivalent of such

lea'e, or a portioi thereot, in acldition to hislher cltrrent wage in piace

of proceeding on leave.

Speciat leave

308. Special ieave on full pay not exceeding twelve days in a

ealendar y# shall be grantec by an e.mployer to an ernploY€*:*-

{a} who is required to be absent from du* *n the instruction

of a medical practitioner because of ccntact with an

infectious disease;

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S.f. 45 of }Arc

(b) who is subpoenaecl to attend any court inZimbabwe asa witness;

(c) who is required tc attend as a delegate or office bearerat any meeting of a registered tradJ union representingqmployees within the undertaking or industry in whicffthe employee is employed .:

(d) who is derained for quesrioning by the porice ;(e) on the death of a spou$e, parent, child or legal dependant:(s on any justifiable compassionate grounds.Any request for leave on compassionate grounds shall beeonsidered at the sore cliseretion o'ths i*pioyer"

Industrial holidays3l " il ) ThE provision *f this clause strall nor apply to guarcs

and v-,atehmen.

{2} Ait days declared errnctiiied in terms of tJre public Holidaysand Frohibition of Business Act {chupter to:z-4;; p-tii* holidaysshatrl be industrial holiclays.

(3) Subject to the provisicns of subclause (4), every employeetlt$l be granted leave of absence and shali be paid his&er currentdaily wage fbr every industrial holiday.

{4) An qmployer rna-v request, but shall not require, &r}**qloyee to wcrk on any indr:strlal noiiday, in rvhich case he/shcsiiall be paid tris/her cuffent}ourly rate tor ait nonnal trrours worked"in addition tei the Fli:yrnent clue in ter:rns of subelause t3) (i.e. a totalof rreble no::nal payi.

{5) An employeeindustrial holiday autsisiecurrsnf hourl,v rate.

shail be p*id fc'any h*urs worked on annonnal hours *f wcrk at three times fhe

'*

(o) If'an en:ployee is absent from wcrk without the consent ofhisrher employer on th* nearest *?tng dqv preceding or follcwingan indusuiat holidey, he/she shait fsde#uririirr* ro piy*enr for r6eindustrial holiday, unless he/sh* produces a **?irut certincap statingthat he/she was tco iil t+ atten*work on one r:r bottr of lhe days inquestion.

319

collective Bargaining Agreement: construction Industry

Voluntary shut-down

32A, ( 1) Notwithstanding the provisions of clause 1 8, an employer

rnay, after consultation with itt" parti..rlar workers' committee and

for the purpose of extending tirne off only, decide to close his/her

establishment or a particular contract site and/or section thereof-

(a) on any working day or any portion of a working day;

or

(b) *;m*1,li:ilT#,??ffi #frrf'rffi#il$;*in that establishment or a particular contract site, andl

' or section thereof, as the case may be, have previously

voted in favour of such crosure as is provided for in

subclause (6). The employer's decision shall be notified

to employees by the plicing of anotice on an appropriate

notice board zufficiently ln advance of the proposed

shut down as to be cornpatible with the provisions of

subclause (3)'

(ZlWhere an employer has deciderJ to close an establishment

or a particular contract iite and/or section thereof, as the case may

be, in terms of subclause (1), that clecision shall be binding on all

employ*u* employed in that estabtrishment or that particular contract

site, and/or ttrat purti",rlar section thereof as the case may be, tndnone of thos*

"*ployees shall be enritled to be paid waggl during

*rr** p"uioJ of closure, other than provicled for in subclause (4)"

(3) Notwithstanding the provisians of clause 18 where an

employer decides to close hislher eitablishment or e particular contract

site and/or a particular section thereaf, as the case may be, in terms

of subclause (z), heishe may require the ernptroye:? ernployed .intkrat establishment, or that particulrnr contract site an#or a pa$icqiar

section thereof, as the case may be, to work additional houl's eqrral !o

the number of ordinary hours of work which those ernplcyees wculd

have performed duri"g the period of closure in such a manner that the

extra time necessary to make up for the hours to be trost in cne week

during the elosure *fl*tt be worked in over a periad of not more than

four weeks before the closure:

provided that the adrtitinnai hr.rurs worked shalt nat exceecl-

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S.I. 45 of 2013

*

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(a) one hour per day on any day from Monday to Fridayinclusive; and/or

(b) ten hours on a Saturday; or(c) a total of fifteen hours in any one week.(4) Notwithstanding the provisions of clause lg, for eachadditional hour worked by * **ployee in terms of subclause (3) ofthis section, t!. emplor.ei shall pay and the employee shall receivethe employee's currbnihourly rate

(5) Where an employee who has worked additional hours asprovided for in subclause (j), and whose service is terminated forany reason whatsoever prior to ttre closure in consideration of whichthe additional hours weie worked, his/hrr "*ployer

shall pay and theemployee shall accept, in respect of all such aooiiional hours worked,not less than-(a) tht empioyee's cuffent hourly rate plus one half of his/

her culrent hourly rate for sucir addiiional hours workedin respecr of" which fhe employee has not v*t;-";;;;;payment;

(b) one half of hislher curTsnt hourly rate for all such hoursfor which the

_emptayee has arriacry received paymentin terms of subclar"lse (3)

(6) For thir purpo$* oisnbclause { t ) the employer shall airangefor r,uotes to !:e taksr by a shcw.:f'hand; il)r-iho** rvorkers who shallbe affectcrd b3'the qi?pos*d shut-ri*wn. sucir voring shall be rvitnessecand tha result shall Lre *ertifi*c hy the chairman or a rspresentativ*of th* rvorkers' cfimrnittc* an*fl rhe ernployer. SucS eertificate shailbe retainecl by the empluy*r firr a period ,:f six nronth$. 1-snr the dateal- the voie.

Trrrensfer *f u ndertaking328" Whe'n rrr: ttn*l*i"t$?kirig is fransferred t* another empioyer,rhe *rnpli:yrnenf of t+'r.rrk*]:s sr]#i Lre transferred fo rhe fransferee onterrns anc ccnditir:ns which arr n$t less favourable ;han-tlose which*rppliei^l imrnerJiateiy befrrre transfer.

9 rer Lrl

321

Callective B argaining Agreement: Llonstruction Indtr strv

Death of empltryer

32C. A contract of employment between an emplayee and an

employer shall not be terminated on death of employer but shali he

valid until expiry period after which it *,r'ould have been termina{ed

had due notiie rtf-termination been giv*n on the day on which the

employer died.

Adaternitv leczve

334. tl ) Maternity ieave sliall be 98 tlays *n full pay anel shall

be grantecl to an employee who has rierved far at ieast one year

wirh an employei " Fsmale ennplc:yees shalt be granted rnaternity

benefits in i*rmr i:f section I8 *f the Labi:ur Act {Chupter 28:011

with amendari*nts. *uring her period tri nnaternity leat'e, her notmal

trenefits and entitlements shall continue !:nintemrpt*d'

i?i Female employees shaif Frclerf;sq,J on rnatsrnity leave *ctearlier than the farty-fihh day and n*t inter then the twenl:v-first day

prior ila nhe expei:t*ei day *f 'deiivcry.

t3 ) Between the sixth ani eighth rnernths *f pregnancy, female

empl*3e*s sirall b* entitleql tE: be transf,em*d tr: iess strenuous r,vt:rk in

tlr*'deiignat*cl rrndes as clefined in AnneKrn"e I and th* graded rruark

descripticn in Annexurc 2 rli tiris agreesn*r:t *.g":

Falnring-*i-il ing aild sarrdpapering

Fslast*r'r*g-making goad h*les, sills- glaziilB, wail tiling anel

skitnnfting, jcinting etc

Carp*ntry-fittlng lacks ane! d#{rtr,;, inetiq:at*s: halts*!osers- towel racks. jaint:ry' *"1*

Gsnerat lahouring-cieaning,rlutics. sta*ki*g light

anr$ segns, el*cr

miaterials

Fr*ter*f Pr;frr;'

33S" Thee ernpioyer siialt pr*viie and p{*y t'-*r tti* funsral policy

for aii worker* under rhe estahlisirmsriE. The f*rler*l palic3, *ieall -E-'t:

whclly covered bY the emPlc3rer.

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S.L 45 of 2013

P*nr V

WACES, DEDUCTIOI{S. EFFECTS OR RAIN-OFF,ALLO}VANCES

. Ctassfficutiun or grading'34. ( ! ) Subject to clause (3) every employer shall for pay

p_urposes, place an ernployee in a trade or oecupition and class oiskiil or \\'tlrk or grade cF w,ort listed in Schedule A of Annexure I or2, as the ';ase may be, or iri such other [r"acle, occupation or class orgrade of work as may be apptnved by council, appinpriate to 6isftrerfrade or occupation and quatification ancl shail g*V iim*r*r a wagewirich is not less than {hat pre}icribecl in the ugt*e*bnt by cauncil for.thae trade. occtlFaticn. class *f skitl, class or grade of work, and ttrsempl*yee shall nor accept a wage amountingic less.

tZl Wheff. alt {}peratie:n iei he performed hy an empi*:yee isrrot sp*cit?*ei in An"r*xrlr*s ! and Z-

tai th* t"mpl$v*r shali pr*visi*naily place the employce ina v,r*rk*a.grai*,

ib) the *rnpl*y*i"$t effipi*yee strall notify the secrerary to**trg:ei3; *.nd

iei *"re secr*{ary s:f, th* s$$ncit sirall alloeate an interimgraiie ar *lassificattrtn *f'the *peratiqrn, wiricli sSail besubjec{ i* ratlf;i'-,rsti*r: b3' f.he council at its next meetirig:

Fr:q:vieied rh*i, ii'the lnterini ellocation hv *l*s*ereHery t}r the thr;ii eleeisi*n hy the *CIuncil plaees tte*empi*y**: in a grnde or *lass**(i) trigher ihan sir* *rnplayee's cutrent gracle, he/she

. sh,all be pai.t ncli less than the minimum wagepr*s*ribeil for such higher grade or class, uritheff"**t ftasn the d*te of- such allacaiian or decisionwliichey*r is the *arlier; Gr

iiii !*wcr than eh* employee's cuffenr grade, thesmpkiyei ;nay s:eciues his/her wage to nttt less thantlt s n-r i n i nga u-t i w age prescrihed fcr suc h l ow er" guttie,and if r}"a* ernpi,lyee refus*s to aceept the io*r,wege fhe ernpl*3,eri$ey apply ta a labour*ffieerfcraxr r:rd*i- ilr Cet*rrrrrnaiion f*rmin;tting the cantra*t

323

coilective Bargaining Agreement: construction Industry

ofemployment,pendingwhichtheemployeeshaltft paid the wage fe/she was receiving in

ttre prwisional grade prior to the allocation by

the secretary ot ihe decision by council.

(3) An employee rnay be employed *t.a learner worker grade

z to4 for u p.riod of not *or* than i*o months, and shall be paid a

wage in the grade next lower to that wage applicable to the grade in

which he/she is a learner

preservation of wage and employment in higher grode or class

35. (r) An employee whg,at the date of registration of this

agreemenr, is in rece'ipitr u higher rate of pay for his/her particular

occupation than the ritl pr"rc"=n*d in ternrs of this clause shall not,

by reason of this agreemlnt, suffer any reduction in hislher wage'

(2)onpromotiontoahighergradeorclassofskillorworkan employee shall be paid not less tlran*-

(a)thewagewhichhe/she}ast'receiveclpriortohis/herpromotron: or

{b) the minimunn wage prescri*d for rris/her oecupaticn

in such gradc or c*ass of skitrl ftr wnrk;

whichever is the greater'

(3) An employee wha $/as ir: *i:lltt'actuat ernptoyrnent Gn the

lst July, tbs6, uod *ho ei$r*r coinpisis:y that contract ot"leaves that

ernptoyment for whatsoevsr r*as*n shall, it he/she is re-engaged by

the same employer on suhseq-ri*lrt **ntracts within sixt,v consecutive

ciays of his/her iast contract, bu psi* ut,ry hourl-!' rate which is not

less than that wtrictr he/she. last r*ceived frain that employer'

Allowsnces

36A-Transport allowilnce: For the purposes of thils clause, transport

allowance shall mean thc sum'of tnonpJ paid to an employef

to use for transport to comc ic wark fi:om home to town or

other central localitSr'

Housing o\l.owafi(:e: shall ltiflsn the sum of money paid to an

emproyee for suhsiclising rented accornmodation where the

ernploy'ee *rdinarily lesiltcs in ai: tirban locality'

3?4

S.I. 45 of Z0l3

<-

Wages

which-?,f*;,l1l"H3i[,*.iffi:.:ffffilrsffi H::1"!"#:iJ:J1 or 2' as the case may-b*, nf thl- "g*a*"nt, for every incompletehour worked by an *mptoyee, rrir&*;?;;i;yer shail pay aproporrion ,

of the employee's culreni houril;;-;ilug*u to the nearesr quarrerof an houi for the time actuaily worked. r*ss tu tne r

rransp"'fffi ;H'?ryjfi ItrJiHi?Hrffi l:t::f H:?,s*,:;ffi ithe pay structure unig*rct;;*by rhe council from time to rime.(3) The minimurn hourly rate of wages paid to employeesengaged in the execution of the designut*o trades or classes of skill orwork listed in schedule A of Annexure I hereto; or in any other tradeor class of work in the i$.ustry as ray be approved by councl andsubsequently incoqporared in that schedur*, *iiiri;;tdrut" specifiedin schedule B of th* *tn**ur" in the form of colu*n I and colum n z,' (4) The minimutn hourly rate of wage paid to emproyees inworker grldes as specifierj in s"rt*oule A of:Annexure 2, shall be therate specified in.schedule B of that u**"uu*.

(5) Employers who provicte transpgrt and accornmodation totheir workers slialf puy using column t ;f rhut u*.*ul.(6) For the purpose of calculating pension and general funddeductions' Ieave p-y and overtimeathe^ employer shall u*e the basichourly rate as tpeiified in colu*n z ofthe schedule. '

{7) Having regarcl for the spirit and intention af the terms ofclause 2(2), the parties heretc trav; .#;thar the rates referred roin subclauses {ziand (3) af this *luu** shall remain fixed until thel stJuly or the I st of Janriary as rhe *ur* may be:Provided that eny acffustnr?tt* requirect by a Labour Relations( spec ifi r.:ati an of Minim u nt w*g*u j rnioti**, t qg,s,p"

ur l rrrl]in s mu,oryInstrument 70 of I996- as ami:nd*c, shall be rnade during tlat period.i5) If a control of in**ffies or a sninin'rurn wages li*i*, any *therlaw other than a specificatrun # E*inim** wages notice, inrposeswage cr saiary increa$rjs which wr:uld have *e?fteci;f increasingrates'f rvase rcf*rr*d r.r in sub*luu**, {?}-rn;6;ffi;i__re before

13 :,i,T ;,Ti,i;?5'g*ffi:in*-ffi il'\ ;'' ;- * x e m p, i on

g

335

collwtive Bargaining Agreemart construction Industry

' PaYment of wages

37. (t) An employer shall T*tp a time and wages record in a

form acceptable to council, and strall pay to an employet any wages

;$A;;rrlr,n "tationdue

inrerms of ttrii egreem-s1t, weekly not lultl;ffi;;;;;;il;yr after the end of the working week to which

th* wages or other remuneration relates:

.,,,,' provided that, wittr the priof agreernent of the ernployees

cr:ncemed, he/she may make such paynnents at such other time as

may be specified in su-ch ftgreement in resp*ct of a resnote construc-

tion site or in other circumstances wa{ranting suc}t an afrfiilgement'

(Z) 'Vhen an employee's se$/ices are tenninated. his&er

employer shall pay him/h;r any rveg*s $r re{nuneration due in terms

of this agreem*r,t not laterthan it * *orieing dul* follawing tennination

at the point of empleiyrnent cr terminaticd rrni*ss the serviees of suctr

employee are tensinated sumlnaritry, wherl payment shall be rnade

within three wcrking days ert'such termislatiein of service. r

t3) An employer shali han<3 tn an €mployss any payment

made in terrns of this ugrr**ent in a sealed envei*pe, tagetir*r with

the form, Outy completEd, prescritled in Annexure 3'

(a) Natwithstandillg rhe prcvisi*:rs of s*bclause {3}' council

may, o* upplicatian by un *mplayer, au$*1is* suctr rrnployer to rrse

sorne other sysrsm uppionedbf colne ix t:f inf*rming his/hcr empioyees

of the make-up of their remuneration.

fr e duc ti.tPrzs f, o m \.4J {4 8 € s

3g. An employer shall nct *r*ke any dstlucti*ns frorn th* amou"nt

payable to an employee in respect cf rvag*s flr r*ffrune'raticn due in

tenns of this agreemefi-t, exc*trlt*

(a) such deductic*s aii ar* prssca"iU?ul in any cth*r agreem*nt

reneting to ihe canstructi*n ind*stry and autlenrised by

council, and as ccntdbutions tn the general f*ncJ:

{b) arnounts which an

legal Process t* PnY

en:aployer is *o*lPelled bY iaw *rrlrt b*trelf *f erl *'rnPieiy**;

(c) ft:r niCInies dr:* t* a r*gist*r*eiof a cheek off sYstem;

_tr2S

lgede ilni*n in the ftlrm

S.I. 45 of 2Al3

(d) for goods purchased, seryices rendered, or money lentto an employee by his/trer employer;

where an employee is absent without leave fiam rvork onda-vs other than industrial holidays or vacation leave, fr prorata arnount of wage only far the period of such absence;

{e)

(0 arnottnts recovered for payments made in effor oroverpayment of wages;

(g) upon the terrnination of employment of an employeethe employer rnay deduct from any monies due by theemployer to the employee the outstancling balance ofany amount refemed to in this clause.

Efficts an wfiges a.f rain-aff and w,otk stopp{tg€: maktng-up losttirne

39. ( 1 ) If not having been natified to the cont rar! ,an ernployeeatfends for work at the designated time and place, and is irrfomedby tris,/her employer prior to commencing work, that no work isavailable that day because af'unsuitable weather And/or unworkablesite conditions, the employee shall be paid for three hours at hisftrercurrsnt honrly rate for hislher attendance.

For the second and subsequent days in the same workingweek, if not having been notified to the contraryo an elnployeeattends for work at the designated time and place, and is informedby his/?rer employer prior to commencing work, that no work isavailable that day because of unsuitable weather and/orunworkablesite conditions" the employee shall be paid for two hours at his/trercurent hourly rate for his/trer attendance.

{2) If an ernployer notifies an employee not to attend for: workthe following day because of unsuitable weather and/or unworkablesite conditions, the employee shall not be entitled to any wage untilhelshe has resumed work at the request of the employei.

(3) If an employee starts work and is subsequently instructedby his/her employer to stop work because of unsuitable weatherandor unworkable site conditiorls, the employee shall be paicl forthe period he/she has worked plus one additional hour's pay at his/her cuffent hourly rate, provided that the total payrnent for that day

327

r

collective Bargaining Agreemenil construction Industry

does not exceed nine hours' pay where the day falls on a Monday,

Tuesd ?y, wednesday or Thuirduy, and eight hours' pay where the

day falls on a FridaY

(4) If an employee attends for work, and at the request 9fhis/her employer, remains on catl at the site and works intermittently

during ctranging weather and/or site conditions, the employee shall

be pald for h-ouis he/she has worked and/or for the time when he/she

was not working and remained on the work site at the employer's

request, plus on. additional hour's pay at his/her cutrent hourly rate,

provided that the total pay_m,ent for itrat day does not exceed nine

hours' pay where the day falls on a Monday, Tuesday, Wednesday

or Thursday, and eight hbursl pay where the day fall on a Friday.

(5) If an employer notifies an employee not to attend for work the

folow ing duy, as no worl wil be available that day because of circumstances

beyond th. "*ployer's

conffol, the employee shall not be entitled to any

*ug.* until tt*y*tt"has resumed work at the request of the employer.

(6) It not having been notified to the contrarYl the employ€e

attends for work at the dEsignated time and place and is informed by

hisftrer employer prior to commencing wgrFthat no work is available

that day uelaus" orcircumstances beyondthe employer's control, the

employee shall be paid for two hours at his/her culrent hourly rate

for his/trer attendance-

(7) If an employee starts work and is subsequently informed

by his/trer employer that no further work is available because of

circumstancer bryond the employer's control, the employee shall be

paid for the period he/she has-worked plus one additional hour's pay

at his/trer current hourly rateoprovidedthat the total payment for that

day does not exceed nine houri' pay, ryher. ttr3 day falls on a Monday,

i*roay, wednesday or Thursdiy and eight hours on a Friday.

(g) If the circumsrances referred to in subclauses (2) and (5)

prevail foi more than one working day,.the gryqloy": shall- infoythe employee accordingly, a$ ott reieipt if this informatio.n, the

employee rt utt nor ue eititled to be paid any wages until helshe has

t"t.t*iA work at the request of his/her employer:

provided that such request shall not be unreasonably delayeg

beyond the time when the circumstances which created the work

stoppage no longer Prevail.

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S.f. 45 of 2Al3

(9) By mutual agreement with hislher employer an employeemay make up any hours of work lost because of unsuitable weatherand/or unworkable site conditions or circumstances beyond thegmployer's control, by working additional hours not exceeding thoselost. Such make up time shall not be unreasonably withheld-by theemployer. Such agreement shall specify the times and place at whichsuch additional hours may be worked, which shall be-subject to theterms of clause 18(3), (4) and (5).Notwithstanding the termi of clause19, such additional hours shall be paid for at the employee's currenthourly rate.

Travelling and subsistence allowance s

40. ( 1) For the purpose of this clause-"band" means one of those five circular bands encompassed

by the perimetres of six concentric circles whose centreis the designated post office, the innermost of suchcircles being sixteen kilometres from that post office,the next circle being twenty-five kilometres from thepost office and the remaining four circles being thirty,thirty-five, forty and forty-five kilometres respectivelyfrom the post office, that is to say there shall be an inneror first band nine kilometres wide surrounded by fourouter bands which are five kilometres wide, and whichshall be known as bands 1,2,3,4 and 5 respectively;

"distance allowance" means the sum of money obtained (asshown in the table below) by multiplying the numberof band in which the site is situated by a factor of 6,5and thereafter multiplying that product by the currentmaximum perrnissible rural bus fare per passenger-kilometre as prescribed from time to iimsunder theRoad Motor Transport Act lchapter I3:I0l or underthe Emergency Powers (Control of Goods and Services)Regulations, 1979, or as pubtished from time to timeby the Controller of Road Motor Transportation:

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collective Bargaining Agreement: construction Industry

TAtsLE OF DISTANCE ALLOWANCES

(R = maximum prmissible rural bus fare notified in terrns of

subclause (8):

Radius APPlicableof site band

fro* PO number calculation Distance allowhnce

f16 km

16-25 km

25-30 km

3O-35 km

35-40 km

40-45km 5 5x6.5xR

= Payment for site in band I

= Payment for site in band 2

= Payment for site in band 3

= Payment for site in band 4

= Payment for site in band 5

I 1x6.5xR2 2x6.5xR3 3x6.5xR4 4x6.5xR

\t

v

..fixed place of work" means the employee's permanent

prlmises, branch premises or factofY, workshop and

works-yard, store and stores-yard, brick or other

materials manufacturing or excavation place where an

employee wcrks regularlY**

(a) that post office designatecl by the emplcyer in

relation to a site from the list of post offices in

Annexure 9; cr

(b) if there is no suitable post office listed in AnneKure

9, that police station designated by the empl*yerin relation to a site in one of the localities in the

list of localities in Anrrexure 9; or

(c) any other post office, approved try tlie ctlmmitt*e

refered to in subclause (7) for Cesignatiog by the

employer in relation to a site;

"relocation allowance" means a sum of money paid tc an

employee for uprooting himlher and his&rer effects

from his/lher current location of employrnent, and time

spent in travelling, by the emploYCIe, in order to move

uitO establish himself/herself at another site, and at

the expiration of the period of employment there, for

uprooting himfter and his/her eft'ects from the site and

time spent travelling by the employee in order to move to,

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S.f. 45 of 2013

and establish himself/herself at the previous location ofemployment, or such other location as may be mutuallyagreed between the employer and employee'

"site" means the place where an employer is rendering oris about to render those works and services oftheconstruction industry for which he/she has contractedor otherwise undertaken to provide.

(2) The provision of this clause shall not-(a) apply to T employee who is engaged to work regularly

at a fixed place of work as defined in this clause, or tba driver of a vehicle operating there from;

(b) preclude olbeheldtopreclude anemployerfromrecruitingand engaging employeqs locally at the site, to whom theprovisions of subclauses (4), (5) and (6) shall nor applywhile they are engaged to work at that site.

(3) In respect of a site within a sixteen kilometre distance inradius from the post office, Do allowance shall be due to any employeeunder the terms of this agreement for cost or time involved in travellingto and fiom that site, and no obligation shall fall upon the employertc proviele transport or any other assistance ta employ€es travellit gto and from such site:

Prcvided that, where the ernployer allocates transport whichplies to anei from that site. rvhich will enable the ernployee to-arrive anddepart from the site, at the iimes for work specifiei in his/1er confractof ernployment, the emp-loyer may, for coiuenience and wittrout anyensuing cbligation or liability tvhatsoever in respect of the continuityor provision of such transport facility, allow an employee to traveltln such transport at no cost to the employee.

(4) In respect of a site which is more than sixteen kilometresbut nat more than iorty-five kilometre distance fiom the post office,an employer shall have the option of either-

(a) paying fbr each shift or working day to an employeewho arrives at and departs from the site at the times forwork specified in his/her contract of employment, thedistance allowance relative to the band in which the siteis situated; or

331

Collective Bargaining Agreement: Construction Industry

(b) transporting an employee from the post office, of some

other centril locality, to and from the site so as to enable

the employee to arrive at and depart from-the site at times

for work specified in his/her contract of employment:

Provided that there shall be no cost to the

employee and no obligation or liability whatsgever

upon the employer in respect of the continuity of such

transport facility or in respect of the payment of lhedistance allowance prescribed in paragraph (a) of this

subclause; or

(c) where an employer requires an employee to work at

the site for a period of less than four working weeks

helshe may require the employee to establish himselfl

herself on-a temporary basis at the site, in which case

the employer shall either provide the employee with

free singte temporary accommodation there, or enter

into an agreement with the employee whereby he/she

provides ttis/tter own temporary accommodation:

Provided that every employee to whom this

paragraph applies shall be entitled-(t) to be ffansported to the site together with his/her

reasonable personal effects by the employer from

the employer's permanent premises, or po$ office

or other cbnfal locality and return thereto, at the

expiration of the period of employment, and be

paid hisftrer current houly rate for the time spent in

travelling;

(ii) after he/she is established at the site, to receive the

return cost of travel by normal public transport

between the site and the post office or some other

central locality not less than once in a period of fourworking weeks, or, alternatively, to be physically

so transported at the employer's expense;

(iii) to be paid a subsistence allowance as prescribed

from lime to time per day for the full number ofworking days he/she is established at the site;

v

332

S.f. 45 of 2013

?

(iv) if he/she has provided his/her own temporaryaccommodation to receive in addition to theforegoing an accommodation allowance asprescribed from time to time per day for the fullnumber of working days he/she so accommodateshimself/trerself, and he/she shall not subsequentlyseek accommodation from his/her employer; or

(d) where an employer requires an employee to work atthe site for a period of more than four working weeks,he/she may require the employee to establish himself/herself at the site, which shall then be deemecl to be thepoint of engagement and shall be recorded as such, andthe following provisions shall apply-(i) at the outset of the iurangement, the employee

shall be entitled,"if he/she then so requires, tohave himselflherself, his/trer family and effectstransported free to the site by hislher employerfrom the employer's pennanent premises, or postoffice or central locality, and the employee shallbe paid his/her culrent hourly rate for the timespent in so travelling;

(ii) ifmunicipalorotheraccomrnodationisnotavailablefor rental by the employ€€, the employer shallprovide to the employee accommodation at arentalwhich shall be established before the employee ismoved to the site; or

(iii) as an alternative to the provision of accommodationas prescribed in subparagraph (ii), the emproyermay enter into an agreement with the employeewhereby he/she provides his own accommodationand is paid an accommodation allowance asprescribed from time to time per day for the fullnumber of working days he so accommodateshimself/trersell and he/she shall not subsequentlyseek accommodation from his/trer employer;

(iv) at the expiration of the period of ernploymentat the site, the employee and his effects, and if

t-

333

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Collective Bargaining Agreement: Construction Industry

applicable, hisftrer family shall be transported

free by the employer to the ernployer's permanent

premises or post office or other centrai locality,and the employee shall be paid his/her currenthourly rate for the time spent in so travelling;

(5) In respect of a site which is more than forty-five kilometres

distance in radius from the post office where an employer requires an

employee to work for a peiiod less than four working weeks, he/she

shall require the emplcyee to estabtish himself/herself on a temporary

basis, u[ ttte site, arid shall either provide the ernployee with single

ternporary accommodation at the site, free of charge. or enter inta an

agreement with the employee whereby the employee provides his/

her own temporary accornrnodation:

provided that every employee to whom this subclause applies

shall he entitled-(i) !g be transported free together with his/her

reasonatrle personal effects by the empioi'erfrom the employ*r's perntanent premises. or post

office 0!' other central locality, to the site and

return therefrorn at the expiration of the period

of employrnent, and be paid the equivalent of two

working days' pay at hisftrer cuffent hourly rate

as a relocation allowance;

(ii) after he/she is established at the site, to receive the

return cost of travel by the normal public transport

between the site and the post otTice or some other

cenffal locality not less than once in the period of four

working weeks, or, alternatively, to be physically

so transported at the employer's expsnse;

(iii) to be paid a subsistence allowance as pre$cribed

from iime to time per day for the full number ofworking clays he/she is established at the site;

(iv) if he/she has provideC his/her own ternporary

accommodation, to receive in adclition to the

foregoing an accommodation allo'wance as

presJribed from time to time per day for the fullnumber of working days he/she so accornmodates

b

\r-

334

T_

S.f. 45 af 2013

-'

rt

himselflherseil and he/she shall not subsequentlyseek accornmodation from his/trer employlr.

(6) In lgspect of a site which is mare than forry-five kilometres

distance in radius froT ttre p*st office where an ernployer requiresan employee to work for a periocl of more than four *orking #eeks,he/she shall require the employee to establish himself/herself at thesite, which shall be dee**d to be the point of engage,*nt and shailbe recorded as such" and the following pravisioni slall apply*

(a) at the outset of the alrangement the employee shall beentitled, if he/she then io requires, to haye himselflherself, his/her farnily and effects transpcrted free rothe site b5' hislher emplnyer; r

{b) if'municipal or othe!' eceorrin:aciation is not availatriefor rental by the emproyee, the empicysr shail pravideto the ernployee aecommotlErtion at a renral which shailbe estaunirri* befbre the empicyee is moved tc the site;or

{c) as an alternative to thc. provisicn af accomrruodation asprescribed in paragraph {b}, the emplo!,er may enrerinto an agreement with the ernployee *,hereby he/sheprovides his/her own acco{nrnooaiion a'd is paid anaccommociation allowance as preseribed fiam time totime per clay for the full numbei of worki*I *uy* he,/sheso accommodates himself.Therselfi and irelstre shall notsubsequently seek accommodation from his/trer employer;

(d) after the employee has established hirnselfiherself at rhesite, in terms of this subclause, he/she shall be paid theequivalent of five working days' pay at hiVtrer currenthourly rate as a relocation allowance;

(e) at the expiration of the periocl of employment at the site,the gmployee ancl his/her effects, und if applicable his/her farnily shall be transported free by thi Lmptoyer rothg r*ploygr- s pennanent prernism t, port office orother central locality.

(7) The council shall, in terms of clause 4, appoint a committeeequally representative of .*Tptoyert and employees whose function,notwithstanding the provisions of *luuse 5, .rruir be to s;*_335

r

Collective Bargaining Agreemenr: construction Industry

(a) conditionally orotherwiseany applicationforexemptionfrom the provisions of this clause;

(b) approval for the designation in relation to a site of a post

office not listed in Annexure 9, or of a police station ifthere is no Post office;

and the size of the committee, ils procedures, terms and conditions

and the appointment of its chainnan shall be determined by council'

(g) The secretary shall maintain an up-to-date record of the

distance allowance and shall notify all employers and the trade union

if there has been a change in the- distance allowance at the date of

registration of this ogt"ernent and of the details of any .subsequent

ch'-ange in the prevail ing di stance al low ance and of the number and date

of thJshtutory instrurient in which such change has been prescribed,

or of the date of any announcement of such change.

Pnnr VI

WORKERS COMMITTEES AND WORKS COUNCIL

Workers committees

41. (1) Every establishment which does not have a workers

committee rtt*tt bi obliged, if its employees so desire, to afford the

"*pr"yegs reasonable firititieu and opportunities for meeting and

cornmumcating with each other, a labofr officer andl/or trade union

represenrativ*To, the purpose qf forming a steering gqmmittee with

trrl objective of creating u workers committee. For this purpgle tfe

employer concerned sti'an supply the steering gopmittee with the

narnes, occupations, grades oi ltiss of skill of hisftrer employees.

(2) A workers committee shall be formed and shall conduct its

affairs and proceedings in accordance w ith the provisions of Annexure

10 but snaft do nothittg, which is inconsisteni with the provisions of

this agreement.

(3) If a trade union is registered to represent-interests of not

less than fifty percent of the employees at the workpllce where a

workers committee is to be estabhlhed, every member of the workers

committee shall be a member of the trade union'

(4) A workers committee shall, for the purpof of its meetings,

be proviOed by the employer concerned with an adequate room and

furniture at hisftrer establishment.

\'

336

S.f. 45 of Z0l3

\ry

(5) Ivleeiinqs shall be held outside working hours unless theemployer gives his/her consent for a meeting withln working hours.Members of the workers committee ylg rrqulrc to investigate mattersfalling within their jurisdiction, shall, on application be allowedreasonable time off to do so.

Works council42" (l) where in an establishment, a workers committeerepresenting employees other than._managerial employees exists, theemployer shall set up a works council whici shall be the forum in whichthe workers committee shall make itr teptasartations to and conductnegotiations with the employer.

(2) The functions and duties of the works council shall be-(a) to provide and maintain an exchange of information andideas, and to establish co-operation and understandingbetween the establishmenf and the **ptoyees, witha view to reducing problem areas and to preventingmisunderstandings;

(b) to assist employees in gainilg. a greater understandingof the establishment's activfies'in order to foster anappreciation of the establishment's aims and objectives;(c) to gain co-operation of-**ployees in the understandingand implementation of the ernployer's policies in respectof the use of manpower, equipment and other resourcesso that the employer's objectives in terms of standardsand production are attainld; -----v v^

'

(d) to promote emproyment security, general worksatisfaction and job enrichrnent, safety ;nth.alth;(e) to foster and maintain good relations beiween employeesat all levels, and to understand and seek solutions totheir common problems;

(0 to promote the general and common interest and welfareof both the estautishment and its employees and to thisend to assist management in attaining ir, ;b];i;;"(e) 3ffi:1lil:ffiffi $ffi:#ffi; ffin:tr ffii,l*T,:i

337

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collective Bargaining Agreement construction Industry

of indusffial peace, improved working conditions' greater

efficiency and increased productivity

(3)Theareasofdiscussionofaworkscouncilinsofaraseachestablishment and this agre'ement are concerned shall be confined to

the following-(a) improvement of working conditions;

(b) procedures for dealing with grievances; \v(c) promotion of occupational health and safety measures'

and their enforcement;

(d) all matters pertaining to employees' welfare within the

establishmint, where such matters axe not covered by

this agreement;

(e) methods of increasing efficiency' productivity and

imProving qualttY;

(0 the means of avoiding wastage of manpower' raw

materials and equiPment;

(glgeneraldisciplineendconduct:Provicled that any specific cases af rnisconduct

shall be dealt with in accardance with nolmal practice

in the esrablishmenr. and shall therefore not be subject

to diseussion by t-he lvorks councitr;

(h) othermaffers having rhe objecti\re of improvingrelations

between the establistrment and lvorkers:

Provided that such matters--

ii) do not infringe upon, impede, in any way,

the rights cf the employer tc manage hisi

her own business, as he/she deerns fit;

(ii) are not coverecl by any culrent industrial

agreements"

t4) Ihe works council shalt be constituted in accordance with

the following-(a) it shall consist of not less than two nor more than

five worker representatives, to be known as o'elected

members", who shall be nominated by the workers

cornmittee from amongst their number, and a chairman

\v

338

S.f. 45 of 2An

t

and not less than one nor more than four emproyerrepresentatives, to be knowR as "appointed membeis,,,who shall be nonrinated by the employer:

Provided that there shalr be an equarity of voting

trffitr*ffi:tr*$ffi:Hffiffi"l'**,5members on appointed mernbers as trr* case may be;(b) the ryriod of office of elected membrs shall be eighreenmonths and of appointed members for the p"rioo of theirnomination, and members shafi be etigiute for furtherperiods of office.

(5) Meetings and the business of the works council shall beconducted in accordance with the follcwingj(a) it shall meet as required during noffnal working hours

for rhe proper discharge af itsiunctions;(b) itetns for the agenda shatl be suhmiaed in writing to the

chairman at least five working dayr befbre the meeting,and the cirainnan shall prepare *e agen6a andperfionn suchather duties as, by usa$e and.u*mrt, pefiain io ilrat oftice:

Provideel that a meeting rnay be herd at any timeto cieal wirh matrers trf urg*n*!;

tc) minutes nf meetings shall tre distributed to all wor.ksccune il rnembers, and sh*ll be displayed on esfablisFr-rnentnatice boards not later tl:an u*o*n- lvor-king days aftereach wcrks cauncil rneeting;

(di the quorum of rneetings shall he two electecl nnemtrersTd two appointec nrernbers. If ivithin fifteen rninutes ofthe time fixed for any meeting a quorum i, not present,the meering shall stand actjourteo tor five *o*iirg a*-to the $ame time and piace and if, at such adjournedmeeting, quofi"Im is not present, council shall beinformed of the reasons f'or ttre meeting not being held:

provided rhar if.r!"- d?y ro which a meering isadjourned is an industrial horiday, the rneeting shallstand adjourned to the nexr working day follow"* rn_industrial holiday;

--e --r -vr!v

339

collective Bargaining Agreemenfi constnrction Industry

the attendance at meetings shall be restricted to elected

members and aPPointed membefs:

Provided that the works council shall have the

power ro ro-oft additional members in an advisory and

norr-*orking lapacity of specific items;

decisions or recornmendations shall only be made by a

majority of the elected members and of the appointed

members voting in favour thereof'

Pnnr VII

TRAN SITIONAL ARRANGEMENTS

pension and medical current benefit agreements

43.(1)Forthepurposeofthisclause_..employee''means,inrelationtothe_

(a) medical fund, al1 emplo-yee as defined in Statutory

Instrument 255 of 1992;

(b) pension fund, a person of the aqe of not less than

sixteen years and not more than siXty years'

employed in any of the designated or approved

trades or worker grades for whom wages are

prescribed in this agreement, subject, however,

ro puiugraph (c) oT subrule ( 1) of rule (4) of

the fund set out in Statutory Instrument 239 of

r992;..employer" shall have the meaning set out in clause 3 of the

agreement

(Z) The indu stri al agreem-ents ent itl ed''C ons tnrction Indu stry

(Medical and Trust r*"oi' and "construction Industry (Pension

Fund),,, promulgated itt stututory Instruments 255 and 239 of 1992,

respectively, as amended and extend?d: are hereby adopted as

interim measures pending further negotiations by th9 parties on this

agreement, and are applied, mutatii *utondis, to the construction

indusrry froryr the darc &i.gistration of this agreement. The aforesaid

two agreements shall be delmed to be and shall be known as current

benedt agreements for the purpose of this agreement.

340

(e)

(0v

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S.f. 45 of 2Al3

b

(3) Notwithstanding the dates of their expiry, the currentbenefit agreements referredio in subclause (2) arert"tiuy preservedand shall continue in operation under this agreement and shall haveforce and effect in respect of the constructionlndustry from the date ofthe registration of thia agreement until such time as they are replacerlby council. The terms ofthe current benefit alreements shall, mutatismutandis,be binding on empltlyers and emplJyees in the constructionindustry as if they *ere part oi this ugr".*ent.

(4) The provisions of this clause shall be without prejudiceto' and shall not in any way whatsoever affect, any legotiations orIawful acts by either tire parties of this ugrr.*ent or other properlyauthorised persons in respect of the assets, property and liabilities ofthe funds operated undeithe cu*entb*;;fil-igr."*enr.

Pnnr VIII

CONCLUSION

penalties

fchapter 2g:2r],which reads__ --\- / -- v -v s$vv'r'r ' r\'/r

"(3) lny person who fails to comply with the provisionsof a collectiyg bargaining agreement which is binding upon him/her shall, without derogition from any other remedies that maybe available against himlher for its enforcement-

(a) commit an unfair labour practice for which redressmay be sought in terms ol part xII; and

(b) be guilty of an offence and liable to a fine norexceeding level seven or to imprisonment for aperiodnot exceeding one year or to 6oth such fine and suchimprisonrnent.".

Declaration

45' The employers' orglnisation and the trade union, havingarrived at the agreement set-fonh herein, the undersigned officersler9by declare that the foregoing is the rg*;nr arrived ar and affixtheir signatures.

341

-- -:::':::T :911"ry:-:: :y:::ry.Y1f)ated at Harare this 3rd day of August. 20|'2'

C. KABASA'ChairPer$on.

M. N. MAZARURA'DeputY ChairPerson'

P. CHIYANGWA'CIFOT' Presirjent"

O. CHIDAWU,ZBCA President"

"T ,*ZOKAMIJSHURE,General Secretary'

342

S.f. 45 of 2013

\,

ANnnxuRe I

DESIGNATED TRADES (CLAUSE 36)

Scseoum A

TRADES AND APFROVED CI,ASSES OF WORK

Architecturrrl -metal workAlrtomo-bile electrician -"' workBricklayingBuilding electrical installations rviring{)alpentryCarnentryljoilieryDiesel piant fittingF itting (including mectrining)Fioor layingClarirrgScineiylvlastic asphrrltingMnsonry"' ancl stone workh{otor mechanics work (including cliesel and tractor mechanie)Fainting and decoratingPlasteringPlumbing/drain tayingRiggingStrop fittingTerrazzo and mosaic, wail and fTccr tili*gTurning (including machining)WeldingWcodwork machinine

343

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collective Bargaining Agreement construction Industry

ScHEnum B

MINIMUM HOURLY RATES OF WAGE APPLICABLE FOR

SCHEDULE 1 TRADES AND CLASSES OF WORK

EFFECTIVEFROM15th0CTOBER20II

Classificatiott

Skilled worker Class 1

Skilled worker Class 2 .

Skilled worker Class 3 .

Skilled worker Class 4 . '

Worker lawfully exempted to perform work

specifiedforaskilledworker' j ' ' !

nuiiding electrical installadon wireman .

Minimum lwurlY rate Inc'

allowanc e s B as ic lw urlY w ctge

$2,53

$2,34$2,18$2,00

$2,00$2,1 8

$2,1 8Floor layer

Note.-..chargehand,, means an employee who is appointed from skilled worker' '---classes

to act as such for the dme being by his/trer employer to-

(a) function in a supervisory capacity either in addition to or in the place

of his/trer usual work;

(b) give out work to other employees over whom he/she is placed in charge;

(c) rnaintain efficiency, productivity anddiscipline amongst such employees;

and wlro shalr ue puio hi#trer current rate of wages prus not ress than

twelve and one_half ( 120 per ceffiumthereof as a responsibility allowance

for so long as he/stre discharges these additional functions'

ANNsxunr 2

cRADEDwoRKANDWAGES(CLAUSE36)

ScHePulE A

GRADED WORK DESCRIPTIONS

Worker Grade IAlt emproyees engaged in the consrruction industry, whose activities are

nor classifi& eisewheri il this agreement including-

Assisting skilled and apprclved classes of workers in the execution of their duties

Carrying and loading

CleaningColour mixer: raw materials

concrete block machine operator (hand-operated)

3M

F

\,

v

S.I. 45 of 2413

DiggingI)river's assistantFilling and piacing concrete and mortarFiller spun-pipe cases

Finisher: moulded prcductGeneral labouringCiranule k-rad';r

Harrcl rubber down ancl pe-rllsher uf tcriazz* and anifiuial staneLrirry loarjer and slacker

IvIechani*al rvr-rrkshcp ernpl*yees oi less than trvo vears' exCIerienc*

Ntixing sucir rnateriais as rncrtar or concrete rvher-irer by hand cr mae trineOffice cl*ant:rs*ffice ffiesserlgers{ip*rators of the t*ii*irii:lg n"lachlnr.s: iJs.}ix" ti}e machirrc. press-;:iate eriniling

maclti;rt:. rll$l- tiie n-lachin*" spun-pipt' in,"rrrlder and liner" vertic:ai-picss pii:*t;tach inr"

Failct-{*cdcr g rsrtf-tiie ffiachin*s t,t reter* \

llack irrgPiar:irig #ofierete" ancirt* r *r orher lrrerterials in{o moulds s;t' fi}itchines

Fr€r'$rrrii*n cj s*i'ilc*s fcs *lastering or cfire r eoetrli,g

Raking *ut hriek i*iriisR ir; g ^i'q*.rnii ij.g : ?:ritt and *ii ge

Sh<r.ie lilti:,'i ti:a;;'i : r: g--* h ani bc;'s ! ai,ttl*r.: ;'

lii; ippii;i iiior,,i.js anil;::q:iiirii;-lgs aiiC .**r-,',,ui,g tiniih*ri p'rr:,ri.u,;is ti'Errrl rua*irirtesi'r::, i;:r,i<*r s

"l"iis;"- r:*lker iiii irrrii *u 1)

Llnski [i*d far:fcrv'.,v i.irJ<er

V;*rker Grrtrlr 2

t3*iier &tteneianis

Cleri*a! vr*rk. *.g", site clerk, storernan. ehecker, ancl wages ci*rk- witf'r ioweifhan stanciard 6 t{]iadc 7i education and rn'ith less tiran tlrrer. y**rs *xpeden**

Cornpress*r attendanis .

C*rrcret* gnix*r i*gre.iatrirs *f nrixers up to and including i4f iG i*.4nr) {inpul)Crirne oper*t*r {ui: to anri ii:*lucting 2 ';il{i kg lifting cepacil.yi.Crushs; r"fl*nelatrts

ilun:pEr ii'iver$ {xrp {tr sai inchrding 1 500 kg capacity.rErpiosil'e irandler:i rrnel i* ilpersiireccors of pre*ast ecncrete or cther comFionents where fhs use of mcrtar or

ather rnatsriels tbr,lcining are nat r*quired

345

collective Bargaining Agreement: construction Industry

Operators of all drills, diamond drills' coring machines and the like

operators of mechanicalry driven tools, machines and apparatus of a size

or capacity used in consiruction, which is hand held or guided and cioes not

require a driver's licence . ioperators of ail drills" diamond driils, coring machines and the like

operators of mechanically driven tools, machines and apparatus of a size or

capacity usecl in construction, +'hich is hancl held, or guided and does not

requireadriver'slicence : ,.operators of the following power-operated machines: concrete block machine'

pre-stressingmachine . a ,pile driving operatives-orher rhan piling winches (up to and including 2 000 kg

lilling capacitY).

Mechanical workshop ernployee of more than two years' experience

Motor cYclists

Shuttering scaffolding and hoist erectcrrs and dismantlers operating under direct

supervisiansteei reinforcing benclers and fixers employecl in cuiting, bending to marks' jigs

or srcfps and pracing, assembring, uincling and t,ving steel reinforcing materialr;

and othe-r metal warks

sun ey instrurnents operative's assistaut

Water Purnp attendants

winch or hoist operators, other than piling winches (up to and including ? ffix) kg

tifting caPacitYi

worker in *Hurs* of supen'isl*g workers in w*rtrier cracle 1

Wrsrtr:e r Crurie 3

clerical w*rker e.g. site clerk", storeman, eh*cker, wages elerk- liaving siand'ard

5 (Gracie ?) ee!*e;ation or. if l*wer eelueation standard, 'rhen wittr rn*fe than

three Years' e.xPerience . .

concr*t* ininer *per.ators mixers of I 8112 0"5rn3 input etr larger, ineiudiflg lveight

hatclt ffri,xers.

Ilrivers ci vehieles with a loacl capacity cf less thran 3 -ilffi kgs

Drlr,*rs *f wheel tractors (over 4{}kw)-class 5 licence

Drivers of tipper trucks with a h'ad-capacity of up tc I 0{}0 kgs

Fcr"klift driver ^l*i*r' '^i^ersrlnre (lifiins can iran 3 0{i0 kgs;

htobile cfans lifting machine operators (liftlng capraeity *f l*nl, rl

tlper*tors cf **rhunicaliy ciiiven. t,reils, nnachines unt .apparaturs

used in

constrxction where ttre operator is carrirrl tr-v flle r*achirl*, lt.t'vlng ie gr{'}s$

weight of less tharn 10 00s kgs and wiiere a lie*rrce is natrequirer;

Fiie drivrng mast cPerators

Pile Criving wirach oPerators

346

ra

l

I

I

I

I

I

l'

V

\,

S.f. 45 of 2013

Pile layers cperating under supervisionSeli propelled roller operators either steel wheeled or pneumatic tyred (of less

than l0 000 kgs by gross weight)stationery crane operators (over 2 000 kg but under 5 000 kg lifting eapacity)Steel reinforcing benders and fixers operating without supervisionSurvey instrument operative with less than three years' eiperienceworkers in charge of supervising worker grades 1 and 2

Worker Grade 4

Civil works assistants (non-certifi ed) undertaking shutter-tixing, tirnberring andshoring, pipe laying andjointing, pavement and kerb laying *nJ3ointing oJcivitengineering type works excluding structures. and working without supervision

Clerical workers, e.g. site clerk, storeman, checker, wages clerk, haviirg aneducatictnai qualification of a minirnum of three 610" I-evels- ar with a Standard6 (GradeT) education and having rnore than three yearso experience

Operators of cranes and lifting machines with lifting capacity in excess 6f 5 000 kgsDump drivers (over I 000 kgs capacity;Excavatar operatarsGrader Operators (mctorized} *ll typesGunite *pera{iv*s!-ory drivers of vehicles rr,'irh ioad-capacity r:f j 00{i kgs or mcreS'{chile drilt operntivesMota;" mechir-ftics and fitters lrlon*certified) undertaking rr,rnr:vai, dismantiing and

replac*n:ext clr*rnponeiits of piant anci equipnient anei af engineers, vehiclebc'Cies and tr:ansmissi*n, steerir:g, braking and under-c;lrring* $ystems, as wel!as iu,brieatir:n arl'd oiirer servieing

*p*rritr"''r; *f ;rny ,mechanically driven tocl, rnachine E;i apil:aretus used incofis{a-t"ieti*n *'r'here the r:peraf*r is carrisri b5'the rna,-:hine ieif eny grsss weiglitiiln-cl the *p.,ret*r ii; ree;uired i+ have a ciriving !i**n*e

Fip* i ayers #flerefing witiiont s upe,rvisiqtnPressure tir*ili ing r:pe pliv*$Scr*.ppr.er cperators trns.ltoru;:,et! i *ll t3,pes$eif preipell*d *irip sgxeacter

S*lf-prop*iled r';iier ';perators. either *teei wheeleri oi" pn€$:nafic fyr*cl i*verIS ii*G kgs grt.,ss u,righti

$*!f-pr*:pelled vibrating r*lle:'*,per*,rives i'rlver $ 00t] kgs oveigi:ti$t*e! reinf*re-irig i:enrfers anei f;x*rs we,rkiirg frq:::r hending s*hed*les nnqi drawingsSurv*v ! nlt;"r"lq'I tent cp*raiives w irit. ri rtrt r n ha*. {.hrc* year-s " er:p*rience?r"*,eke d t rkuctor eti--e* ratr: rs--*al : l_1' piJ::,

T it' iX,:l rq-:f r:pf f A ii-li'::

-'i .; "'?J+i

r

coilective Bargaining Agreement: Construction Indr"rstry

welder operative (non-certified) clownhand single run or tack b3z electrii: arc'

b*t not responsitlle for setting up work, adjristing electric current or selectirng

gaugeoirods i , r--.^r;t:^*lo-.,-.Welcler o1>erativ-: (non certified) undertaking tlownhancl we-lcling by oxy-acetylene.

but not responsible for setting up work or ad.lusting pressure vah'es

lVorkers in cliarge of supcrvising work*,rs in grades 1, 2 and 3

Si nri;l:m B

NliNIMUh,{ HO{,'R.[.Y RA-i ES O}'PAY APPLICABLEi9-S:HEDULtr A

GRADEs AND woRK ngsilR{prlohis, EFFL{]rTVE FROM lsr JULY 201?

hf iirimtmt hctu'l : rtfie

$ 1

"-X?$1.47

$ 1"52

$t"53{.! {?\l' !- a */ '*

A;\liri:,XUni" 3

WAGHS S{,i{} {CI'A{ lSts 3{:i

Lirtr p I cl.v- r e''t n n*: ber :

Y

G ru tle d W orki !) *: s r ri Pt k t i i

Wcrri<er {}raqie I

Worker Grade 2

Wor:ker Gracle 3

Worlter: {ir'atie 'il

Watci:tnar:

Hnrplo;rryr:..l]mpi o}iflf; ' s 3 I ft l?Jr: l

e Gntrar:l nt;i ilirfr- "

{li;l,rsi[..-rarr*:Raie r-i{'*i31,; ..".. lg:*i- hO'r'li

"['col ai]cr',ti:iic* . ,

fivertirne...,

l i<:trr-s aE"

[{*urs ac

F{r':'r:rs at 1 V;

$'{s1;r'g ;ri 2

i-?.r:nrs at 3

\t

:

Dedut:ticlsP.A.Y.EI\,Iedieal Fund:

"1-i;g

S.I. 45 of 2Al3

General Fund (Council's dues)..........Trade Union membership:

Total: .............' Net wages due:................ ,...,......,ir..,,....,

ANNEXURE 4

SAFEry AND PROTECITVE CI-OTI{ING AND EPPUANCSS (CI-AUSE 2I)

FOR FURTI{ER INFORMATION REFER TO STATI.,TTORY INSTRU-g MENT 223 oF 1993 oN srrE occupATIoNAL HEAL,TH AND sAFETyEmplo-yees 9ryaged in occupations or trades as lisred. shall be provided

with overalls and the following safety and protective clothing or appliances:

Occupation or trade

Cutting and dritling by machine ofbrick, stone and concrete structures

Punching stoneGrinding and polishing tefiuLzo and

other stone surfacesSharpening stone mason's tools,

planes, thicknesser:s, spindlers, fourcutters, tenoning-machines, dovetail-machines, routers, drilling andmotorizing-machines

Cleaning soldering ironsCutting ard bending, placingAssembling, binding and rying sreelReinforcing and other metal work

Operating concrete mixers, hoistOperating and asphalt mixersOperating sheet metal-work machinesEmployees required to work with wet

concrrete or mortar, whether by handor rnachine

Boiler attendants l finted goggles ard leaflffi gloves

L

Safety and protective cl.othing andappliances

\

I

t

I Goggles

I

)

l l-eather Gloves

)

I leather gloves if so requesred by

l the employee concerned

)

349

Collective Bargaining Agfeement: Construction Industry

Operating power-driven tocls forexcavation, concreting, cutting or

drilling, brickwclrk, concrete orstonework

Stone cutting, machine-mindingOperating Jack-hammers

Cutting or grinding steel work by hand

Apptication of hot tar and othersubstances at a temperature of above

50 degrees Celsius

Operating wcocl-fl oar san'J ing-machines

Welding

{ise r:f acid rnaterisls

Using pais*nous materiais sr-ir-'h as

slil !]r,t]d]ting

Workel's <:$gaged irr the pl:icir:g of wet

c*ne r*tc at tire pr:int cf t'irrel depusit

Work*r:. *i'lgaged in wcr*'involvingexcavaticn in w*t conclitions

Every ernploy*r shail suppiy, free af" charge, a waterproof cape, overeoat or

other suitable protective ciothing to every ernployee rvho" in ihe *ourse of irisi

her sluties is h*bitually expcsed to inclement weather.

Drivers anrj vetricle attendants engaged in the lcading and unloading and

6elivery of goods. on o{ fram e$m$lercial vehicles sha.ll be provideti with

adequate protective clothing

\I

I

It

i\)I{

I

I

II

I

J

Goggles, leather boots and safetY

boots

\!

I

! l)ust masks arrti goggle,s

{ Protective tinted inask, l*irther-j apron, spat-c. gi*'",es arrd silfety

iroots

I Goggles skin prt:teetion' P.*r".C.

glov*s atnri gun'ltr**ts

.r Fult trody prcti:ciion it:,-'luCing\ ..-i *tpectl !eLl i'fspll''il(.'i'

)t.

I

i ]lubber a:rkle oi' k**e hri*n

i

\:

\,

350

$

S"L 45 of 2An

AuruE>:Linn 5

SKILLED WORKERS TOOLS (CLAIISE 25iC onst ntction indr,tstry, lr.ar! e sBrickiayer*

trcrvei. big and ocinting;btrock-hrusir;briek-hammer;cr.ri::b-irarnmcr;lirres *uC pirrs;I -?-nretre le vsi;I . 8-k ilogram haru: ixer.:chist: ls;holst*;"joinr*rs"-*iirrFs al:d beds;!ii:]e rn*tri; :

i"ii jer rnetr:i:"

{-l;"lrpr-.1:lcr*".

3 kiiogra:n hamnier;?*{} gra$l hammer;cl oss-cui saw:pa.nei-sar*:;

tenon-saw;coping-siiyi;lcvel ;

trra*e anti set *f hits;wheel braee and set of hits;marking-gauge

;

scrervciriversl large, rnedium and snraii"hack-saw;

---- *r4i*tr*

h ack-k n ir'cjack-plane;

sm'ccthing plan*:steel sqliaie 45 deglees Celsius adjustai:le;set of .,vaod chiseis; ., - ----'

steei tsp*, 5 meil *s:bevei:naii-bag;tin ^snips;

pliers:

{',

35r

collective Bargaining Agreement: construction Industry

crow-bar;roof punch;nail punch;oil-stone;tool-box;

Building electrical installation wireman-

3 screw drivers, 3 millimetres to l3 millimetres, insulated;

pair side-cutterpair electrician's Plierspair elstrician? s long-nosed pliers;

150 millimeter adjustable wrench;

300 millimeter adjustable wrench;

150 millimeter Stilson wlPnch;

vice-grip;set sockets, uP to 25 millimetres56gram hammec453-gram hammerI kilograrn hammer;set of punches ard chisels;

set B A. taps and dies;

set dies, 3 millimetres to 25 millimetres;

test lamp;I 9 rnillimetre steel-pipe-bender;

25 mill imetre steel-PiPe-bender;

I 9 millimetre bending-sPring;25 millimetre bending-spnng;set conduit-dies, 19 millimetres to 25 millimetrcs;

fish-tape;knife;spirit-level;plump and line;chalk-line;2 metre tape measure.

Plasterer

hand hawk;trowel;gauging-trowel;internal and external angle tools;

Ep€, metric;

. level;square;

,J

352

F-

*

S.I" 45 cf ?013

floafs. 3{)0 nrillimeires by l12 mlllirnerres anc! "r57 by v|rnillimetres!:ru:;hes. block anil srnall rule

PiumberTocrl-hox:2-metre tape:3Gi) mil limetre tinman, :i si"lil:s;6$0 m i i iinrctrr: sqllars:225 in itl irnerrs pliel s

225 miiiirnetrc squer*: ,

1 5il rniliilnctre piiers.6 r:iillimetr* ehisei:I ini!lirnetr.e chis*l:j ? rnif linretr'* clris*i ;

25 n:i ilinretrc r:hesci:225 rni llirn*tr* pip*-wl *;rcli:-i25 m i I Ii lner"r"* Fl trt',.:-wr-s:nch :

4i){} n: i I I i m*":tre 1:i gr,:- i.v i.ene.:i: :

25{} m i I ii rr: * tl * ;re.i.i i r:;ti: h ie s !}eil *e rlhi.t'k-sirrr.,:

I 3 rrrii! irn*iri: c*i1Fcr-.dri it:2{ }-n:iii i ffietrc iliiprrrr-drifi.tJ{}Pr g1'eY - Pri i;e Lr r.!t [*-:r

"

J i n r i I I i rnr_:i ilf. i_"rlFli:,# r_ hs; rrl i ng s ;rri;: g :

{-i Liiv- spat?i:{={ i }_,lis ;,='t.

{.5.j iirern h*mrr:*r.iI 1., i!';gr*ni l;anii?i*:';I"ii :niiiimerr* Iin*;

"yirq r;-i:f;{li,i;ing [**l ,

! t:*:il- i:itilii-i irg t*t_r i .

: - I ijil nii I I i.;,n,tt{'J ** r*.i.. r i- *n r:i rq., ft *, i,-:* ; i; ;

.it]'J : nillim*iro: i;pir: i" ri:vi:i:1)*{} tnl iliirictr* tpiri- ie .;,:i,

Tue:nrcr:

l*t r,:f s;ere1trr., ririve rl !

Silr tirill'ignrii'v krrifi:;raliei: tret'ills srippiied i:y *mplcygr);drmilng hrustrss, varietyidu:;te ru;

s*t of'Lraint brush*s i,i" is. 25. 3s. 5c|. 75 anr! 100 rnrilinretres

l*

3s3

Collective Bargaining Agreemenil Construction Industry

Extraneous industrt trudes

Automobile electrician-

Employee to supply usual trand tools in accordance with agreed practice in

parent industryDiesel plant fitter--

Tr:ols tr: be provided by skilled worker class +-tool bor and padlock;

6mm-41mm flat spanners of A. F. equivalent;

hack-saw frame:700 g hammer (Bail Peitr);2kg hammer;

Soft liamrner;300 mnn ru-ie;

200 mrn dividers;150 mrn inside caliPers;

files, including threadfile:15Cl mrn or*tside calip*rs=

150 mm square;

eentre punches;

adjustabie sPann*fs uP tc 300 mili;vice-grips 250 mm;scriber:scraFer;

uh?scls tflat ealeli i5C and ?0{} Inril

ers}w f"**f bar'S5t] -{nil}

$cr-ewdrivel'$ uP tc 250 x;lI:t

Teiols f'o be prcvided by si,;iik-d woik.*r elass 3---

All tho;e tc*is preseribeci i'r-:i' a skilted wurrkers class 4 and irr aeid'itieiii, ti:*

f<lll*wing-*--6 mmr=-'41" snm c*rni:ination SFel'ixlr'ric,

Feeler:s:

S sr:c}<et sef, -?t inq:h sqil,r.r'* eirir'* i: rs:x; -' 3il ftirs

Stde cutt*rs;i5 sockrL seto ?i inch drlve ?tr*rn * {*it{l:xrl

Drift pun*hes

Pliers, including lcng ncsc:

Circlip Bliers;Screwdrivers (PhilliPsh{iari or slip-joirlt piier:s;

Pinch tra;'750 sr!fti

\(-

tq !

S.L 45 of Z0I3

*

Taols to be provide,t by skiiled wr:rkers crasses 2 and t_^TJl?fi,"Tlf:t"oecl far skilled workers classes 4 and 3, and in addition,

Allen keys, rnetric;torque wrench , ,V inch square cirive;vernier_150mm0- r 50mm outside rnicrometer or combination sets square;

Fitter (including ft achining)*Tools to be pr.vided

'y skilrecr worker crass 4-Tool-box and padlock;

Scriber;6 mm-32 mrn flat spannerschisels (flar cold);hacksaw;

2 or 3 rn tape;700 g hamrner (Bal! peinl;45t] fflfil Stilson r,vrench:300 mm rule;Pinch bar 450 mm;l5S mm dividers a;rrf jennies;Centre punches:150 mm insi,Je c:aiip*:,s150 inrn oursicfe calipea.sTin s*ips;Piii punches:l5G n:$-c square;S*ft ilamrner;ivtefrir: anci irnp*rial Allera kevs:iici:swi{ri vers;3il{i lnrn sliifting spa{rners;

?*cf1 tc bt' provided hy skilied r',nrker cla.ss 3_"t'ililRxg:prescribed for a skilled rvorker ciass 4 and in atldiric*, rhe

6 mm--32 rnm ring or combinefi*n spalmersgas pf iers;c*rnbinatir:n sci square:vice grips;s*ckef set-optionai:fee lers-opti+nal;pliers;

r3*1

F-

collective Bargaining Agreement: construction Indr'rstry

vernier 22 mm;serapers;junior hack-saw';

st:rew drivers Phillii:s);G-clamPS 2 x 150 rnni;

CircliP Pliers*--25 flltn rn icrometer'

Tools to 'oe. provided Lr,v skillecl rv'.-rrks'is class*s 2 ancl I' '

All those irrc,ls prescribed far skiilectr w*rkcrs cl*sses 4 and 3 nnd, iil adcliti6rll"

tire followhg:--25--50 mnl mict'citteter:

rul[ir-ls gaugr:

sctre\\r pitch gauge:

tkrrsad angle gaugs;

c,rilslo**l

lvlotor" rnec:hanic **Hlr-l1rla;.,rer'. tLl supi:ly r,isuai haneJ tcs:ls in aci:ilrilancc r'vith agre*cl pr*ctir-:': irt

lrar*rrt indnstrY

Itisger-"-' -"Ili-,*lr ic be prcyiei*C hy sk"iiit'd r*,'t]fk*'r *i;'lss 4 *

i**'i -i:nx .?rrd trradlt-rc i;

t;'rl rcilig :'pihf.i" variut-is si;re's

{li1-:t" :Y:*ii.sl-lr* 3 rgi ;rn'l'! "i* ltti 5ii nillr vr !"iiidt ';nlip':ru ';tlpc *ji';'i'l':'-'- '"1

,1.{i* lr iin rrttj;er;f ahl+ sprt;"ii'e'r

hlit:k sit \"' fi',}i tlc :

tr 5{} fi}I}l sirl,: e uti*l lipi:*:ri, *triscis (rcPe t:uitti"u i:

s*rvin g rr' :ltl*t' *ililF'$r l:asi n: *i'' [ti; ;iiirer' i'l-ra l i i-":in']

,igg*rJ spc\oi"r, riggers screws,, {.f*r spilcing lr''l:er* nc viee}

twistsrs

Tools to kre pravidecl b,v skiiied r,vorkers-*classes 3,2 and 1-_

all the ahove ttlois. Plrts

150 mm inside caiiPers

150 mrn ,;utslde caliPers

Turner i i nciuitin$ Irreciri ning)'--

Taols tn be pr*virled by skilled warkei: *iass 4--tc*l hox ancl Padlock:scrib*r:6 rnffi*3? mm flat sPanncrsl

ISS

\r

\/

v

\rt

S.f. 45 of 2013

Chisels (flat cold);hack-saw;2mor3mtape;700 g hammer (balt pein);450 Stilson wrench;3m rnm rule;pinch bar 450mm;l50mm dividers and jennies;meFic and imperial Allen Keys;150 mm inside calipers;Pin punches;150 mm calipers;Tin snips;150 mm square;Soft hammer;Centre punches;Screw drivers;3m mm shifting spanner;

Tools to be provided by skilled worker class 3-All those tools prescritred for a skilled worker class 4 and, in addition, thefollowing-

6 mrn-32 mm ring or combination spannersjcombination set;vice grips;socket set-optional;feelers-optional;pliers;vernier-Z2 mmscrapers;junior hacksaw;screwdrivers (phil I ips) ;G-clamps2x l50mm;circlip pliers;0-25 mm micrometer;gas pliers;

T*ll to be provided by skilled workers classes 2 and t_AII tlrose tools prescriM for skilled workers clas.ses,4 and 3 an4 i' addition,

to the following_25 mrn-50 mrn miqurleterRadius gnuge;Screw pitch gauge;

3s7

Collective Bargaining Agreement: Construction Industry

Thread angle gauge;

Oilstone;

Welder_*Tools to be provirled by skillect workers classes '4, 3' 2 ancl 1*-

tool box and Padlcek;500 rnm rule;30S rnfil squars;

smatrl cl::mps;

adjtistabla spanrlers up to 3fii] i!l{n;

900 g hantmer (ball Prein;;

chipping hainnter

Arixurunn 5

FORfu{ OF NHCLARATi*}I tsY AN E,i*{P}-{f,YER IN TT{E

C GNSTR U{":TIO}{ Ii{D LTST=I{Y

{CL.A{-TSL 8}

.tO: N*ri.,nal f,mpicyrnen{ {i*un,;il fi:r th: C*nstruciion initustr-r'of

Zinrbabw*. F.t). B*:i; l'?95, FTARARE'

Ir',w*'e. traiing &s . " ' "herei:3'' dctcla're

ttrat IiWe* arni#e* empioyeris* ie'l tire Coasr;"uc{icn lltdustryi as ciefir:ed iia your

ccuncil's agteernent.

(Business shall nct cogl:rnence unti! enrclrnent is ccmpleted and ccnfinned)

My/our business is a

sqte proprietGrships {)urporat* hari.v*

Partneffihip* Liniiten-l liabitity ctx?ip&Il!$<

The name/s* of th* prcpri*t*r or iSre partners or th$ rlirec{ars or puhlic clfficei's

ar€.,

tnam*s in fuli biocni caPitals)

The residential aelelressles* cf the pr*pri*t*r or rlic paffiners or the clireetors ii{

public erfficers are : "..

::::::,::::::The brusiness address is: .ei"'r's'a" ;"""

"!n-"'o1:ttre"tt

ttt"' "c"r

'Ihe workshop/-vard* aqidres* is: ""'*e"4 i'r€"";r1ri"c""'&r4**'.

;;--;;-;;;'....ti.oo.{l.....-nG...stt.t.g.b:r:.n!.t''

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Trade or trades. which will be carried on, are: .

Wnrkers' Cornpensation Receipt nurnber: ",.

I/!Ve* attach cheque/cash* in the sum of .. ... Declaration fee

Date Signed:

Delete the inapplicable. Capacity of Signatory:

(e"9. proprietor, pailner, manager, puhlic ofi'icer, secretary etc)

NATTONAL EMFLOYMENT COUNC ;, FOR TF{E CONSTRUCTIONII.{DUSTRY Af Zi .IBAB\€

AruNsxunr. j

E},',IPLOYtriJS

APPLICA'I'ION FOR ENROLVIENT AND CLASSIFICATION OFGRADIT\{G (CLAUSE 9}

Full narnes of emplcyee:

National Registration Number: ......

Address: ......

Certificate of skilled worker qualifications, if any: ........

Date joined present employer: ...

Worker Grade proposed by present employer/or proposed trade or occupationto be approved by council:..... ..,........

Previous employment record-

1ffil. ;ffif'[' ;;;.;::: : ::::: ::: :: ::: ::::::::: :::::: ::::: :::::: :

2. Name of employer: ...... ..

Capacity in which employed .".

Employee

cornpany stamp

359

Collective Bargaining Agreement: Construction Industry

Note: Employee must enclose a pension form declaration duly and fully

.ontpirted, together with (three) passport size photographs'

COMPLETION BY N.E.C. ONLY

N.E.C. Number G:

Awarded worker grade:

Trade or occupation approved: .."...:.... """" i"""'

Date of enrolment: .'....'

NATIONAL EMPLOYMENT COUNCIL FOR THE CONSTRUCTION

INDUSTRY OF ZIMBABWE

AxNsxune 8

RECORD OF SERVICE FOR EMPLOYEES (CLAUSE 10)

Employees' full name: ... NEc enrolment number: .".........

Identification particular (if any): National ldentity No.:......

ZCATWU No.: (if applicable) NSSA (SR No') '-''re'

Details below to be recorded by employer

Note: This record of service is to be returned to the employee on hidher

retirement, resignation or discharge, duly completed by the employer.

NAME ANDADDRESS OF

EMPLOYER DATE

COMMENCEMENT ANDPROMOTION OFEMPLOYMBNT

WAGE

DATE OFTERMINATION

ANDSIGNATURE

OF

EMPLOYEROCCUPATION CLASS/GRADE

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S.f. 45 of 2013

AuNexunn 9

LIST OF POST OFFICES WHICH MAY BE DESIGNATED IN RELATIONTO SITES IN VARIOUS REGIONS

(CLAUSE 4O): TRAVELLING AND SUBSISTENCE ALLOwANCE

\,

v

MASHONALAND REGION

BanketBinduraCentenary

ChakariChinhoyiChitungwizaChivhuConcession

GlendaleGoromonziHarareKadomaKariba

MATABELELAND REGION

BeitbridgeBingaBulawayoColleen BawnDeteEsigodiniFigtreeFilabusiFort RixonGwandaHwange

MASVINGO REGION

BikitaBuheraChiredziGutuMashava

KaroiMachekeMhanguraMaronderaMount DarwinMurewaMutokoMutorashangaMvurwiNortonSelousShamvaWedza

KamativiKeziLupaneMbalabalaNkayiPlumtreeTsholotshoTurk MineWest NicholsonVictoria Falls

MberengwaMasvingoRutengaTriangleZvishavane

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Collective Bargaining Agreemenfi Construction Industrv

MANICALAND REGION

Birchenough BridgeCashelChipingeChimanimaniDorowaHeadlandsMount Selinda

MIDLANDS RBGION

GokweGweruKwekweLalapanzi

LIST OF LOCALITIES

ChisumbanjiNyamaropa

Mutare '

NyangaNyanyadziNyazuraPenhalongaRusapeWatsomba

MvumaShurugwiLlmniatilSanyati

RudaRupisi

\z

ANNexune 10

PURPOSE, DUTIES AND FUNCTIONS OF

WORKERS COMMITTEES (CLAIJSE 41)

Purpose

1. The principal purpose of a workers corffnittee is to bring iogether and collate

in order of irnpornnte th. t rponsible opinions and reasonable requirements of

employees anclio represent these and the general interest of employees to the employer

through the medium of a works council. The committee shall be created and elected

by eriployees nct having any managerial function and shall consist solely of such

emptoy**u, fr"* to debate in commiuee without interference by the employer.

Functions and duties

Z. The functions and duties of a workers committee shall be to--

( a) :::?: :s ffif.:, TrXffi:i'; ffilff :ffi,,:",l

b e r w e en rhe e mp I ov e e s

(b ) :;".Hiil#: ?U:13fr::lj"ffl ;?,:xif:s

cu s s i on w ith the e m p I o v er

(c) promote stability and good relationships between ernployees and thc

employer and toencourage the settlement of differences anddisputes

bY conciliatory methods;

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S.f. 45 of 2013

(d) understand and promote the interest of ernployees whom theyrepresent by maintaining regular contact with them;

(e) improve productivity and quality by promoting conditions andencouraging attitudes conducive thereto within the workingenvironment;

(0 ensure that if a fellow worker seeks their advice in respect of anygrievance or disciplinary matter, at least one member of the commit-tee is made available to render such advice and assistance as may berequired;

G) co-operate with the registered trade union and the employer in ensur-ing that the terms of this agreement together with thl eJtablishmentnrles are understood and observed;

(h) liaise with the employer in promoting the occupational safety andhealth of the employees,:

Provided that such matters do not infringe upon, or impede, in any way,the rigtrt of the employer to manage his/trer own business as he/she deems fit.

Negotiating terrns of reference

3. To the extent that there will be no conflict with the terms and provision ofthis agreement a workers cornmittee may negotiate with the employer concerned,through a works councilo oo the following matters-

(a) prevention of accidents;

(b) times of work;

(c) employees' requirements not provided for in this agreement;(d) procedures relating to disciplinary cases and grievances;(e) the provision of welfare and comrnllnity sen ices;(0 the avoidance cof disputes and prompt settlement of any dispure

arising;

(g) improvement of environmental conditions"

4. Where the outcome of any negotiaiions under clause 3 of this annexureresults in an agreement with the employer which will affect the conditions ofemplayment of the employees in the estatrlishrnenr, it shall be referred by theworkers' committee to a meeting of the employees so affected and if upptouid bymore than two-thirds of those emplcyees present at the meeting, it shlh becomLbinding on the employer and all employees so affected.

5. Anything agreed between an emplcyer and the workers committee underthese terms of reference shall stand until it is re-negotiated, unless similar orimproved terms or conditions are achieved hy the parties to this agreement"

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collective Bargaining Agreement: construction Industry

C omPosition and me mbe rshiP

6. A workers committee shall consist of employees !n the- establishment

elected to hold office for twenty-four months. The membership of the committee

shall approximate five per ,ritu*of the total employees in the establishment,

providedthatthere shalfnotbe less than three nof more than fifteen such members'

The chairman and the secretary shall be chosen by the members from amongst

their number

7 .Retiring members shall be eligible for re-election, and new elections shall

take place at such times as will enabl6 the replacement members to assume office

upon the retirement of the former members'

g. In seeking candidates for election to membership of workers committee, the

steering commi[ee shall endeavour as far as possible to ensure that the differing

interests of the employees in the various or.uputions, grades and classes of skill

and work and departments of the establishment are represented.

Elections

g.When a steering committee within its terms of reference considers sufficient

candidates have been nominated for a committee which would be consistent

with the provisions of clause g of this annexure, it shall appoint a chairman and

two scrutineers from amongst the employees who shall constitute an election

committee.

10. The election committee shall place a list of the candidates and the

interests they represent on the notice boarg, T..reafter the election committee

shall convene a meeting of employees at which it shall provicleballot forms.and

conduct a secret ballot there at in oid"t to elect a committee consistent in numbers

and intent with the provisions of clauses 6 and 8 of this annexure. Those elected

shall take office immediatelY.

1 1. Subsequent elections shall take place at times which will give effect to

the requiremenis of clause 7 hereof. Such ilections shall conform to the provisions

and procedures of clauses 8, 9 and l0 of this annexure'

Removal of members and vacancies

12. Amember of the workers committee may be removed from office by a

-u3orilruo* of employees whose interests helshe represents voting in favour

theieof in the manner set out in clause 10 of this annexure'

13. A member who ceases to be employed in the establishment shall no

longer be a member of the workers committee.

14. where a vacancy occurs in a workers committee, an election shall be

held in conforrnity with ittis annexure to fill the vacant position

provided that if the remaining members' periods of office expire within

three months, the vacancy need not be filled.

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Meetings

15' A workers committee may not proceed with business at a meeting unlessat least fifty per centuntof its members are present. Meetings shall be conductedin accordance with the ordinary rules of debate and decisions or resolutions shallbe taken on the vote of the maiority present. In the event of an equality of votesthe chairman shall have a casiing uot. in acldition to his/her deliberative vote.Proper minutes shatl be kept of each meeting.

ANNrxunr l lCONSTRUCTION INDUSTRY: CODE oF CONDUCT

Preamble

I ' ( I ) Di'sciplinary rules and procedures are necessary for promoting fairnessand order in the treatment of individuals and in the conduct of industrial relations.They also assist the organisation to operate effectively. Rules set standards ofconduct at the york place, hgtp to eniure that the standards are adhered to andalso provide a fair method of dealing with alleged failures to uUr"rve them.

(z)ltis important that both employers ancl employees know what standardsof conduct are. expected of thern. r -

" Aims, purposes and principles2.T\e aims and purposes are to provide the following_

(a) principles governing the conduct and resolution of labour disputes,including the framework thereof;

(b) procedures for the effective handling of grievances;(c) the enunciation of offences and penalties at the work place;(d)

n:.Otctive handling of disciplinary measures, including dismissals;

(e) the enunciation of the rights and duties of management and ,norkrrr.

F undame ntal p rinc i pl e s

3' This code recognises and operates on the following fundamentalprinciples-(a)

*:ffifj:|fi"ffi1'r|, conduct of labour relarions in a non_

(b) the mutual responsibility ofworkers, employers and theirrepresentatives;(c) fairness and justice for employees at the workplace;(d) the promotion of stability and consequent incneased productivity at. the workplace;

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collective Bargaining Agreemenr: Construction Industry

(c) respectforthefundamentalrights and duties of workers andemployers

as defined bY law and in this Code; and

(0 the avoidance of collective job action wherever possible'

Duties and rights of nanagement

4.-(a) to manalie and conduct business subject to the law and this Code;

(b) to develrp jointly.with worker represerttatives, ittdusuial relations vprincipie's subject to the law and this Code;

(c) to ensur. .itat managemenr is authorised ttl make apptopriate decisiotts

in terni . 'i'this Code;

(d)toenst;i.:hatthcdutiesofworkersareadequatelydetlnedandunderstr J:

(e) toensur, compli.rirce with alI laws, collective bargaining agreements

and oth*r' applicllble instlumentsl and

(0 to act irt ::rrod f'aifh in its r;lationship with workers'

I)tiiit's and rishts of employees

5.(l)Employccsareexpectedrocarryoutdutiesandresponsibilitiesfor*ni"f, tt

"y ut

"ngugl.d, in a clnscientious and energetic manner with due regard

to interests of the ccinpany and its employees'

(2) The tlutier *nd responsibilities of an employee are normally embodied

in a job iescription but wiih constantly changing alsPects of the company's

operitions, the job description should not be regarded as all inclusive.

(3) Employees have the right to be treated fairly without being abused

verbally orphysically inthe exercising of discipline and resolution of grievances.

Duties and rights oi the tade unnn Y6.-

(a}toco-operatewithemployersinestablishingindustrialrelationsprinciples subject to the law and this code;

(b)toensurethattheyandtlreirrepresentativescomplywithalllaws'collectivebargainingagreementsandotherapplicableinstruments;

(c)toensurethattheyandtheirrepresentativesunderstandthenarufeand extent of their legal rights and duties;

(d) to familiarise themselves with the provisions of this code; and

(e) to act in good faith in their relationship with employers'

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7' T'he cocte of conduct w'r consisr :::S:;;, of pr'cedures. narnery-(i) .grievance procedure;(ii; disciplinary procedure;(iii) dismissal procedure.

Crievance prCIeedure8' Definition: A grievance is any dissatisfaction or feeiing of injusficein connection with utl

"*ployee's

'#o'r, work *niirorrnlent, conditions of;ffi#:ihn*:ff*':e'-in whicir trersne i, *up*r"ised that io trnughr ro ttre

(i) Poticy-

{a) grie'ances will be resolved at the ruwest managernent levelpossible and as qui*k!_v as possible;(b) ttre Employment Council Secretariat rtr&3i at any si6ge in theprocetlure be consulted fbr infcrmation ily management, workers,committee/worker representati ves or d;, *;pfirt;;;(c) all grievances will be dealt with in good faith. withoutCiscrimination cr victimizatian.

(ii) prr:cerJure_

A Stage one:SupervisorlSuperior*_

(i) stage one wi* crear with any marter which an emproyee orgroup of employees repcrting to one supervis*r, wish toraise as a grievance:

(ii) an empro-vee who wishes to raise an issue as a grievancein terms of part III of the Labour Ac t {crwpter zg:01}must first raise it with his/her irnmediate supervisor;(iii) an employee who wishes to raise an issue against his/rrerimmediate superiar must raise it with the superior who isnext in line;

(iv) if an issue affects twc or rnore emproyees answerabre tothe same superior, the rvorkers, representative ma)i beaccompanied where appropriate by not more than twoof the emproyees concerned to raise the issue with theappropriate superior;

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Collective Bargaining Agreement Construction Industry

(v) the superior shall investigate the grievance and use his/her

best endeavour to resolve the issue;

(vi) if a satisfactory solution is not reached within three

working days of the issue first being raised, the grievance

will be referred to the clepartment/branch/section head.

B. Stage two*(i) this stage will deal with issues not resolved at stage one;

(ii) the department/branch/section head will arrange a

meeting in which himselflherself, the immediate superior

of the grievant anrJ the grievant will be present together

with a maximum of two workers' representatives;

(iii) rhe meeting shall take place within two working days of

the grievance being referred to the department/branch/

section suPerior of the grievant;

(iv) if longer time is needeel this must. be agreed by both

management and workers' representatives and the

immediate superior of the grievant;

(v) if a satisfactory solution is not reached within two working

days from the first meeting with the department/branch/

section head and workers' representatives, a written

notification noting failure to reach agreement, signed

by the employee raising the grievance, the workers'

representatives and the immediate superior shall be

fonvarded to the chief executive/general manager or hiV

her aPPointee.

(vi) Where a grievant is not satisfied with the decision of

the Head of Department he/she can appeal to the chief

Executive/General Manager within five working days;

C. Stage three; Chief Executive/General Manager or Appointee-

(i) stage three will deal with any rnatter that has not been

resolved at stage 2;

(ii) the Chief Executive/General Manager or his/her

Appointee shall resolve the issue within three working

days;

(iii) the chief Executive/General Managerorhis/her Appointee

shall review atl the evidence presented in the matter and

he/she may also carry out further investigations of the

matter as he/she deems ne,cessary;

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(iv) the Chief Executive/General Manager shall pronouncehivtrer decision within five working days or lne appealand his/trer decision will be regarr{ed as final as far as thecompany is concerned;

(v) should the grievant not be in agreement with the solutionas determined by the Chief Executive he/she has the rightof appeal to the National Employment council withinseven working days.

9. Disciplinary procedure-

Policy:

(i) no disciplinary action shall be taken against an employee until thecase has been fully investigated. Suchlnvestigations must not takelonger than 14 working days;

(ii) before an employee can be held accountable for breaches of rulesand regulations, he/she must be made aware of them;

(iii) all disciplinary procedures shall be conducted fairly and withconsistency. They should also be conducted expeditiously. Dismissalprocedure must not take longer than 30 days, i.e., from the dateinvestigations commence until such time us titr employee is served,in writing with a letter informing himlher the verdict;

-

(iv) the employee concerned shall be advised of the nature of the offencealleged against him/trer and shall be given the opportunity to statehis/her case before any decision is mate;

(v) an accurate record, on appropriate form, acknowledged by all partiesinvolved, must be completed for all disciplinary cases;

(vi) an employee shall have the right to appeal against any disciplinarypenalty. J

Procedure:

A Informal warning (verbal)-(i) a ve$al warning is given by the immediate superior where a departure

from desired standards has occurred; ^ . - -

(ii) the employee concerned should at this point be advised that formalwarnings and disciplinary action could follow if the warning was ignored;

(iii) where necessary, colrective action in the form of guiclance follow upand training should beimplemented. It mustbe noted that the employeedoes not need to sign hisArer name anywhere. The tupr*iro, *rrrtyrecords the date the verbal warning was given for recbrd purposes aswell as tracking purposes where rouns.Iing is involved.

369

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^?

B. First written warning (valid for 6 monthsF

Stage One: Immediate SuPerior-

(i) the immediate superior will record in writing on a- disciplinary

warning form an account of the incident or situation that gave rise

to the warning;

(ii) the immediate superior will read and explain the contents of the

warning to the emPloYee;

(iii) the ernployee will then sign the disciplinary warning form to indicate

that he/she understands the contents;

(iv) if the employee feels aggrieved by the decision of his/trer immediate

superiot, tteirtte may ippeal in writing to the next in line superior.

C. Seconrj./Final Warning (Valid for 1? months)-

Stage Two: DePartrnent Head-(i) any incident/situation which appears tojustify second or final warning

witt be reported to the Department Head;

(ii) rhe Departmenr Head will inform the chief ExecutivelGeneral

Manager or his/her Appointee and the workers' representative of

the proPosed disciPlinary action;

(iii) in the presence of the workers representative, the second/final rvaming

and the reason and justification for the warning will be read out to the

ernployee concemed ancl disciplinary action to be taken according

to the section of the code of conduct, the details and penalties;

(iv; the employee will then sign rhe disciplinary warning to inclicate that

he/she understands the cotrtents;

(v) an ernployee aggrieved by such detennination has the right to appeal

ta the btrief nxecutive/General Ivlanager or his/her Appointee within

five working daYs.

Appeals:

Stage Three: Chief Executive/General Manager or Appointee-

(i) where an ernployee is not satisfied with the decision arrived at by the

He acl gf Department, the employ e.e m ay app-e al to the Chief Exec ut i ve/

General Minager of the company within five working days;

(ii) rhe Chief Executive/General Manager or hisftrer Appointee shall

review all the evidence presented in the matter and may also carry out

such further in'vestigation of the. matter as he/she deems necessary;

(iii) rhe Chief Execurive/General Manager or hisftrer eppgintee shall

pronounce his/her decision within tluee working days of the appeal;

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(iv) an employee who is not satisfied with the clecision of the ChiefExecutive/General Manager or his/trerAppointee shall have the rightto appeal to the National Employment Council within T working di'ysof receipt of such decision.

10. Dismissal hocedure-

Policy

(i) dismissal for serious misconduct will only take place wheremanagement in good faith cannot take any othrr action;

(ii) dismissal shall not be arbitrary but witl be done only afrer the dueprocess has been concluded;

(iii) management shall be entitled to.withhold any monies normally dueto the employee on nonnal termination of service against any lo*ressustained as a result of his&er serious misconduct;-

(iv) management shall have waived its rights to dismiss for seriousmisconduct if such action is not taken within seven working daysof finalisation of the disciplinary decision;

(v) an employee shall have waived his/her rights of appeal againstdismissal for serious misconduct if he/sh* hur not appialed withinfive working days to the Chief Executive and withiniiu"n workingdays to the National Employment Council;

(vi) an employee shall have rvaived his/her rights to reinstatement if he/she fails to report feir duty within seven working days of receipt ofsuch cornmunication;

ivii) an employee orr being dismissed for serious misconduct shall beentitled to receive upon request at the time of termination, a certificatespecifying the datei of ffislher engagernent and terrnination and thetype of work on which hershe wai employed;

(viii) the employer is obliged to serve the employee with rhe record ofproceedings at the same time that the employee is served with thedismissal letter

(A) DisciplinaryComrnittee(i) any incidentsituation which appear$ to justify dismissal will be

reported to the depaftmental head i(ii) the departmental head will inform the Chief Executive/General

Manager who will convene a Disciplinary committee.

(B) composition of Disciptinary committee(i) there shall be established a disciplinary committee for each work

place composed of equal members of worker represeniatives andmanagement representatives of up to a maximum of four from either

37r

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Collective Bargaining Ageemenfi construction Industry

party. Unequal numbers means there is no quorum hence the hearing

shall not Proceed;

(ii) the disciplinary commiuee dhail be chaired by a member from the

management (provided he/she is not from the same department'as

the accused) *tto in the event of equality of votes, the chairperson

shall exercise a casting vote;

(iii) the accused employee shall be entitled to representation by a workers

committe" mrmb"r or a fellow worker or trade union representative

or legal practitioner of his/trer choice;

(iv) the accused employee shall have the right to call witnesses and have

them cross examined;

(v) the Disciplinary Committee shall prepare a written record ofproceedings'

(C) Verdict

(i) the Chairperson of the Disciplinary Committee shall pronounce the

verdict;

(ii) if the employee is found not guilty, the acquittal shall be recorded

and refleited on the employee's file;

(iii) if rhe employee is found guilty, the chairperson shall be called upon

to state all the facts upot*uhi;h the verdict is based, record the same

and have thi.s reflected on the employee's file;

(iv) rhe employee shall be advised of rhe penaltl i1 writing within seven

working Ouyr of the finalisation of the disciplinary proceedings;

(v) at its discretion and dependent upon t!* facts as estabtigne^d in each

individual case, the Disciplinary Committee may impose the following

penalties as an alternative to dismissal:

1' ;#i:t3iJ.ll,il',fr"ff*ffi ,"'o

orone's sross pav ror

Z. demotion with pay equivalent to the next lower grade for a

Period not exceeding six months;

3. suspension without pay for not more than one month.

11. Appeals to The Chief Executive/General Manager-

(i) where an employee is not satisfied with the decision arrived at by

the Disciplinary-Co**ittee, the employee m.ay appeal to-the Chief

Executiu"/Grnlral Manager of the company within fi ve working days ;

(ii) the'Chief Executive/General Manager or his/her Appointee shall

review all the evidence in the maiter and proceed to make his/

her decision on record. Helshe may also carry out such further

investigations of the matter as he/she deems fit.

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(iii) the Chief Executive/General Manager or his/her Appointee shallpronounce his/her decision within three working days of tn. upprut.

(iv) An employee who is not satisfied with the decision of the ChiefExecutive/Gen:yl lvlanager or his/her Appointee shall have the rightto appeal to the National Employment Council within seven worklngdays of receipt of the decision.

12. Definition of offences-1 ' unlawful,g-gllective job action means-collective job action in contravention

of Parr xln of the Labour Acr {chapter 2g:01),;

2' council means the National Employment Council for the ConstructionIndustry;

3' employer any person whatsoever who- employs or provides work for anyperson in the construction-industry and ,..unltates-oi .*p..rrly or tacitlyundertakes to remunerate himself/herself, including the **nug.r, agent orrepresentative of such person first referred to, who I in charge or in controlof the work upon which such second person referred to is"employed andshall include a self-employed person oi working employer;

4' gambling means indulging in any game played for money or any otherbenefit;

5' indiscipline and disorderly conduct me_ans any failure or refusal to carry outan instruction without a lawful cause, failure io.o*ply with standing iulesor instructions or to follow established procedures (including the proceduresof this Code); the utterilg of any woids or rhe publication of any *ordr,abusive or otherwise indicating ha0e, ridicule or contempt towards anyperson or group or race' tribe, religion or sex; insolence towards a superiorby act, words or demeanour, conJtituting insubordination, threatening orattempting to do bodily harm to anothet person whether or not such atteirptis successful; engaging in or inciting others to engage in disorderly behav-iour on company premises, whether or not damagJis caused to Jo*p*vpremises and property or any other person's property or capacity to wori<properly;

6' negligent perfonnance of duties means the failure to exercise due care andattention in the discharge of duties;

7. offence means an offence specified in the schedule;8' riotous behaviour gngaging, or inciting one or more persons to engage, inviolent behaviour, in concert against tfie e*ployer or any other person orgroup of persons; -

9' victimisation: Treating. an employee, or fellow employee, less favourablythan his colleagues without valid reason.

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collective Bargaining Agrcement: construction Industry

late arr.ival for duty/work: failrrr* to be at one's work at the stipulated time:

incompetence persistently carrying out unsatisfactory work;

inefficiency: inability ta rlo one's wodi with the level of skill and speed

which *ouid be reasbnably expected of an ernployee qualified for the job;

clock watching: abandoning work before knock off time even where there is

no othe, *orkio do, unlesJprior pen'nission has been obtained from one's

immediate suPervisor;

14. absence withgut leave: taking time off without authorised leave or withotrt

being granted leave of absenle. The ernplol'ee may however be excused ifhe/she oft-ers e rcasonable excuse for sueh absence:

15. absence from specific place of duty: wandering off from one's wor* station

witirout permission or reasonable excuse when helshe should he present at

his/her place;

16. improperly calling a meeting: calling a rneeting during working hours

without following agreed procedures'

17 . drunksnness: To be uncJer the influence of liquor or drugs during working

hours;

1g. refusii:g ro perform a eontractuai r.luty: \L/illF"rlly and intentionally deciining

to perf** uoy of those duties, which he/she is bound to perfcnn which part

are of or incrdental to the job he/she is ernpioyed to do;

19. doing pr:ivate business or work cluring warking hours: Where an employee

devotes trislher time to do his/her own private business and not the work hrel

she is employed to da cluring working hours.-\fohether such private business

is for gain or not" an employee *utid*sist from such actions:

20. sleeping on duty: failure to remain awake when one is supposed. to be awake.

The offence is iggravated if the job involves security or operating a moving

machine;

ZI. disrespectful concluct: degrading any person in authcrity by words or conduct;

22. intimidation: using threats so as to prevent or obstruct another employee

from performing fieir duties. It also entails using unlawful norms in order

tG compel another employee to act against their will;

23. damaging property: where an employee damages property without necessity

oriuiiRJutio" or willfully causes dlmage to aly property,, or destroys it or

throws iiu*uy if useful, or does not carJ whether any such property rvould

be damaged or destroYed;

24. misuse of company property: use of company property for unauthorized

purposes or to remov. iut* from company premises to use for private

purpose without authorisation.

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25. assauh a physical attack by a person or persons on another person or pers'ons

and includes fellow employees, customers and suppliers on or outsidecompany premises. Assault includes pushing, pulling, butting, slapping,shoving, feigning a blow, kicking and a threat of the use of force and isaggravated if the assaulted person is a superior;

fighting: this is an exchange of blows between or among employees oncompany premises or at company functions even outside working hours orcompany premises;

fraud: making a false statement or claim whether in oral or written form andany false representation by words or conduct in order to obtain materiaVfinancial advantage. It also involves the falsification of documentation orinformation as part of fraudulent activities against the company or customer/suppliers/another persCIn and thus causes them loss. Theft, dishonestly takingproperty belonging to the employer or another employee or customer/supplierwith the intention of permanently keeping the thing taken or to dispose ofit as his/her own property;

26.

28. embezzlement: conversion of company property or funds to one's use,

which proprerty would have been received by himselflherself on behalf ofthe employer;

29. earnrption: involves receiving/giving/soliciting bribes or extorting moneyin cash or kind or other services in relation to one 's duties in order to gainfavours or influeRce outcomes;

30. falsification of qualifications: giving false or misleading inforrnation before,

on or after appointment to a post within the company on one's educationalqualifications, professional qualifications or work experience;

31. possession of dangerous weapons: being found in possession of weapnswhich have the potential to injure or harm other people or property withoutspecial perrnission from the employer;

32" sexual harassment: means behavior that abuses, harasses, denigrates,ridicules or offends another employee because of his/her sex. It involvesbut is not limited to unwanted, unwelcome, unsolicited sexual advances,contaets or cCImments, which include deliberate or repeated sexual gestures,sounds, pictures, Frnographic material in the workplace. It can be verbal,non verbal or physical;

33. driving without a lieencelauthority: driving any vehicle belonging to theemployer without authority and/or valid driver's licence even where no

' dannag#accident might have been caused;

34. usury: F*erpetrating illegal money lending on company premises;

35. making use of company facilities without permission: Using cornpanyfacilities an#or equipment without permission from the employer whettlerfor gain or not;

l-

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collective B argaining Agreement: construction Industry

36. inconsistent conduct or omission: any behaviour that runs contrary to

accepted norms when read with one's contract of employment;

possession of illegal drugs: being f'ound in possession of illegal drugs or

trafficking in illegal drugs while at the workplace. It also includes the act

of controlling, oi*unuficturing, selling, dealing or attempting to do any

drugs which are Prohibited bY law;

37.

3g. insubordination: deliberate refusal to carry out instructions so as to

undermine the authority of one's supervisor or manager.-T!. misconduct

is aggravated if the refusal is commitieo in the presence of other employees

or clients;

39. gambling: indulging in any game played for money or any other benefit on

the emPloYer's Premises;

,10. loafing: spending time idly or hanging about doing nothing when one should

be working o*o".iulirlng ut lengtf, *ittt another employee, guest or member

of the public;

4I. failure to report loss or damage to employer's property:-any loss or damage

to employer,s property must 6* ,"ported iorthwith whether or not such loss/

damage has beer, .u.'rr"d by the emproyee concerned directly or indirectly;

42. discrimination: discrimination involves any act or omission in which the

treatment of an individual employee or gro.rp of employees is less favourable

than anorher "*prof"./group

"or

"*floyles on rhe grounds of gender,

pregnancy, HIV/AIDS status, race, triLe, place of origin, political opinion'

colour, cieed or any other characteristic in relation to:

the advertisement for emPloYment;

the recruitment for emPloYment;

n: "**"ff;l,T "# ",':',i:?' llln ;:#13:''

s ar arie s' pe ns io n s .

the choice of persons for jobs or posts, training, advancement

apprenticeship, transfer promotion or retrenchment;

the provision of facilities related to or connected with employment:

or

anyothermatterrelatedtoemployment.

43. humiliating/degrading behaviour: abusive, foul, insulting, demeaning or

obscene acti'ns or utterances against a fellow employee or client and is

aggravated when done against one's superior;

44. unjustifiable interference in workers' committee, tr:ade '*nion and

management affairs. This is where one is unable to prove that there is

376

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S.I. 45 of 2013

justifiable/legal basis for unsanctioned involvement in workers' committee,trade union and management affairs.

LIST OF OFFENCES

PART A:MINOROFFENCES 1st BREACH 2nd BREACH 3rd BREACH 4th BREACH

l. Three late Verbal warning Written warning Final written Dismissalarrivals of and loss of pay and loss of pay warning and loss10 minutes for work hours for the work of pay ior theor more within lost in excess of hours lost in hours lost ina 30-day period 15 minutes excess of 15 excess of 15without justifiable minutes minutescause

2. Incompetence Verbal warning Written warning Final written Dismissalwaming

3. Inefficiency Verbal warning Written warning Final written Dismissalwarning

4. Clock watching Verbal warning Written warning Final written Dismissalwarning

5. Absence fronr Verbal warning Written warning Final written Dismissalspecific place warningof duty

6. Minor breach Verbal warning Written warning Final written Dismissalof safety rules warning

7. Leaving worksite written warning Final written Dismissalor workplace warningwithoutpermission

8. Improperly written warning Final written Dismissal --calling a meeting warning

9. Negligent written warning Final written Dismissal -performance of warning

duties with minorCOnSgqsgntat

10. sleeping on duty written warning Final written Dismissal -whe,le no potential warning

damage, injury orioss exists

I 1. Giving written warning Final written Dismissal -unauthorised warningpress staternents

regardrng company

business

12. Minor damage, written rvarning Final written Dismissal -misuse or loss of warning

company property.13. Absence from written warning Final written Dismissal _-

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collective Bargaining Agree.menil constmction Industry

PART A:MINOROFFENCES

wcrk for less than

five ccnsecutivedays withoutpermission orreasonable causs.

14. Vic.timisation ofother workers

15. Disrespectfulconduct

16. Discriminationin any formincluding, race,

religion and sex

t ?. Unjustifiableintertbrence inWorkers'Committee orTrade UnionAffairs

lst BREACH

Written warning

Written warning

Written warning

Written warning

Znd BREACH

warning

Final writtenwarning

Final writtenwarning

Final writtenwarning

Final writtenwarning

3rd BREACH 4th BREACH

Dismissal

Dismissal -

Dismissal -

Dismissal -

4th BREACH

\r

PART B:MAIOR OFFENCES

18. Pcssession ofdangerous

weapons on

site withoutcompanyapproval orrelevantlicerrce

19. Indiscipiine/disorderlY*c*rductincli:dingrefilsal tnobeYa lawful order

or instmctiongiven bY an

ernployer orhisrepresens,fltive

2A. Humiliatingldegradinghehaviour

2l " Unauthoriseduse of companyproperty or plant

lst BREACT{ 2nd BREACH 3rd BREACH

Finat writt:n Disrniss'al -warning

Final written Dismissal -waming

Final written Disnrissal ---warning

Finat written Dismissal *warning

v'

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S.I. 45 of 2013

PAR'T B:MAJOR OFFENCES lst BREACH 2nd BREACH 3rd BREACH 4th BREACH

22. Failure to report Final written Dismissal -loss of or damage warning

to employer'sproperfy

23. Use of company Final written Dismissal -vehicle rvithout warning

appropriatedriver's licence

24. Dcing private Final written Dismissal -business during warning

working hours

25. Loafing Final written Dismissal .-warning

26. Intimidation Final"written l)ismissal --warning

27. Usury Final written Dismissal -. warning

28. Pos$cssion of F'inal written Disrnissal -illegal drugs warning

PART C:SEAICUS OI'FEI$CES tst BREACII Znd BREACH 3rd BREACH 4th BREACH

29" Th€ft or frauC Dismissal

30. Falsification Dismissal -of qualificaiions/documents

3 i. Unlawful Dismissalcallectivejob a*tiorl

32" Drunk on dut1," Dismissal *ccewuning liquorag srte or underthe intJuence ofdrugs duringworking lrcurs

33. ivtalicisxr.cdanwge Dis;nissalta ernpli:yer"sprtlperty

3'{. Assault Dismissat

35. Hiotcus $ismissal "-behaviorson wark site

i6. e*nsictitln I'f Sismissal *a eruniriai affe*e*

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collective Bargaining Agreement: construction Industry

PART C:

SERIOUS OFFENCES lSt BREACH

committed outside

the employee'semploYment, the

nature of whichaffects his

continued

suitability foremployment or

his acceptabilitYto other emPloYees

37. Imprisonment Dismissal

without optionof a fine

38. Negligent Dismissal

performance ofduties with serious

consequences

39. Gambling on site Dismissal

during workinghours

40. Serious violation Dismissal

of SafetyRegulations

41. Sleeping on dutY Dismissal

where potentiaU

actual damage,

injury or loss erists

42. Absence from Dismissal

work for five (5)

or moreconsecutiveworking days

without perrnission

or reasonableexcuse

43. Refusing to Disrnissal

perforrn a

contractual dutY

44. Enrbezzlement Dismissal

45. Comrption Dismissal

46. Sexual Dismissal

harassment

47. Insubordination Dismissal

48. Act, conduct or f)isrnissalomission

2nd BREACH 3rd BREACH 4th BREACH

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S.I. 45 of 2013

PART C:

SERIOUS OFFENCES lst BREACH 2nd BREACH 3rd BREACH 4rh BREACHinconsistent withthe fulfillment ofthe express orimplied condirions

of one's coniract

Duration of warnings

Verbal warnings-no duration

Written Warnings--6 months

Final warnings-l2 months

APPENDICES

Appendix 1: Disciplinary Guideline(a) There shall be no offence where the employer or employee can show on a balance

of probabilities that the act or omission alleged or complained of was-(i) involuntary;

(ii) inevitable or impossible to avoid in the given circumstances whichwere beyond the control of the individual;

(iii) justifiable and reasonable in the circumstances.

(b) It shall be a good defense for the employee concerned to show that the actor omission made and being alleged against him was occasioned by-(i) conflicting insrrucrions;

(ii) poor and unclear instructions;

(iii) misleading instructions;

(iv) circumstances arising naturally and proxirnately from acts and omissionsof a manager.

Appendix 2: Authorities for disciplinary actionAction AuthorityInformalA/erbal warning hnmediate superiorFirst written warning Imrnecliate SuperiorSecond/Final written warning Departmenral HeadDismissal Disciplinary CommitteeAppeals Chief Executive/General Manager

Appendix 5: Management guide

Handling _erievances-(i) put the person at ease;

38r

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Collmtive Bmgaining Agrwmenc Construction Industry

(ii) listen carefullY with emPathY;

(iii) summarise the complaint to ensure that you have understood it;

(iv) thank the person for raising the complaint;

(v) if neces$ary apologise;

(vi) state your own position;

-without defending;

-without hostility;

(vii) ask how the person would resolve the complaint;

(viii) discuss any suggestions;

(ix) state what you will do and when to correct the situation.

Annexure lL (continud)

Sc*renule A

TTIE CONSTRUCTION INDUSTRY OF ZIMBABWE,

CODE OF CONDUCT: WARNING/DISMISSAL FORIV,I

Name of company:

Disciplinar-v action taken:

Address of comPany:

Telephone: ...."...

Name of complainant: Signature of employee: ......

\\torkers commiuee repnesentative' sNature of complainr (wtittm

staternenlg and any additional signatrure:.....-......

information attached): .-....-...:'$.*.'

Designation: """' ""r"""'r'

Managerlsupervisor' s signature: . . . . . .. .. . . -

Fersonrpl ryesentacive' s signaturc: . .. . .. . - " -. -.

;;;;;;; ;;;, :.t:*m":xf#l,:382

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S.f. 45 of 2Al3

Company Number:........... Labour Officer,s signature ........e ...Job Title: ............ ......,....... Date and office stamp:..............Department:..................... .........,.....

Duration of warnings shall beVerbal wamings-no durationYVritten warnings__6 months

Final warnings-I2 rnonths

Scnenum B

NATIONAL EMPLOYMEM COUNCIL FOR THE CONSTRUCTIOhIINDUSTRY OF ZIMBABWE

COMPLAINT FORMI.. EMPLOYEE

(b) Address:

2.

3.

4.

signature t " " " ;;;;;J*" "' " "'. "''

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collective Bargaining Agreement: construction Industry

Name af immediate superttisor signature Date

6. woRKERS COMMITTEE oR woRKS COUNCILREPRESENTATIVES

Name Signature Date

'1""'

1. FURTHER INvESTIGATIONS: INVESTIGATIONS DIARY

Date Time Report Signature

5. IMMEDIATE SUPERVISOR'S COMMENT

3S4

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S.I. 45 of 2013

NATIONAL EMPLOYMENT COUNCIL FOR THE CONSTRUCTIONINDUSTRY OF ZIMBABWE

Scnrour-e C

NOTIFICATION OF ALLEGATION/INVESTIGATION

To:.

(name "t

r*oi,"ir,

From:

(;';,amd;;;;;,,:;:";;;:;o:;;r;,;;r,;,*,0,,,i,*,

You are hereby notified that it is alleged that on .. . . (date)You committed the following misconduct in breach of the code of conduct.

......"...............'...''..'........................... ::

(b,'i,fi), l,'J i.*, ;; ;'; ;,,, r *, 0 );,,) r,>would you please provide your response to the aliegations on the attached formby..

Iatesttrime)

This notification was served by ..

(Name)

Date: Signature:.....

In the presence of .

{N$me)

Date: Signature: ....

And received by the employee...

Date: c,r ^-^r- ----Signature: ..

385

collective Bargaining Agreement: construction Industry

NATIONAL EMPLOYMENT COUNCIL FOR THE CONSTRUCTION

INDUSTRY OF ZIMBABWE

Scsrnwe D

EMPLOYEES' RESPONSE TO ALLEGATIONS

To: . "........ " " " ' " "' t " ' " " " ' t " " " ' t " " ' o" " ' r " ' r " " " "' o " " '

(Name and designation of ernployer rePresentative)

FfOm: . . r . . . . . . . . . . o . . . . . . r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i ' r " t " " " " " " " " " " " " " "

(name of emPloYee)

1. I acknowledge receipt of the notincation "tt::::::":::.*.:1T.....a'r"t""

Z. I hereby respond tc the allegations contained therein as follows: '"""""'

raaaaal.3..aaat"""'

3. Tfte persons listed below are my rvitnesses-

( i) ..,. r.... i.. r r.... t. I o,.... I e c,. r '

e r..... I c '.

t.. ' t "

t "

t " "

i " " "

t "

t " "" " " "" " '

r "" ''" '

i i I ) i 3 . o . r . r . . . . . . i . ! c , . t . . '

6 . o e . . . . . . i . . e + . . r . t . I t ' ' r e I e o c + G

' ' d

' !

' t

' 6

' t

' ' | ' ' ' t ' ' ' ' ' '

e '

e '

t t ' ' '

| ' ' ' ' t t

' ' ' ' ' ' ' ' '

(iii) !"..,(....,,

4"-.

(i) Signed ...r,rs\,;{*tr.},.cr+r..o,i!i--,4ra.r.Gr.,'c.'.6}"'ir}it"'!€"'!o'st'too"""""""$'}""

(ii) Rgcgivgd.."--- ". ' ? ro" " ' f,Grt"" iG" r"' """tD" G'ocr ""' 4""' c " """ 'c'

(EwtPt*Y e r re frre s e ntat ive')

(iii) Witnessed-"'-...'..';..'+r'" "reo^'

Y-t

v

386

S.I. 45 of 2013

L

NATIONAL EMPLOYMENT COUNCIL FOR THECONSTRUCTION INDUSTRY OF ZIMBABWE

Scnsnum E

APPEAL FORM

*

38?

Collective Bargaining Agreement: Construction Industry

--ry

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NATIONAL EMPLOYMENT COUNCIL FOR THE CONSTRUCTIONINDUSTRY OF ZIMBABWE

Scsrpuls F

WARNINGFORM

To be used in cases where it is deemed necessary to record a warning. The

employee must be informed of the category of the warning, and that it will be

filed in his Record of Service in the Human Resources Department.

(Mark appropriate block with an "X')

First

Second .......

Final

Employee's name. ID'No

(a) i::::*t*.1='...............,..:::::.:::...........................::"::'.:.:.::::.:.:'.:.:::.:.::

:: ::: ::::::::: ::::: : : : ::::: : : ::: :: ::: : :: : ::

Department Head/Manager' s S ignature

Date

(b) Acknowledgement by employee that he/she understands the contents and

implications of the waming.

Employee' s signature .....

Note.--T\is warning will be held on record of service file for a period cf three/

six/twelve months, after which it will be removed and destroyed.

Distribution: Original to ernployee

Copy to Human Resources Department

388

S.f. 45 of 2Al3

hz

NATIONAL EMPLOYMENT COUNCIL FOR THE CONSTRUCTIONINDUSTRY OF ZIMBABWE

Scuenur-r G

NOTICE TO ATTEND A DISCPLINARY HEARINGFrom: Human Resources Departrnent

Date:

To:. ID No:

Designation:

Department:

Notice is hereby given to you to attend a disciplinary hearing as specified below:Time:

Date:

Venue:

Reason(s) for the hearing...

....q..

A4B' You have the right to have representatives and witnesses of yourchoice atthe hearing if required. we aclvise that you liaise r,vith the workers committeeso that necessary arrangements can be macle with t}le respective superiors fortheir release.

Notice served by:

Name:

Signatnre: . "

l)ate:

j8S

Collective Bargaining Agrwmenfi Construction Industry

390

\-

S.I. 45 of 2013

Axxsxunn 12

(Clause 17)

NATIONAL EMPLOYMENT COIINCIL FOR THE CONSTRUCTTONINDUSTRY OF ZIMBABWE

EI\{PLOYMENT AGREEMENT FORM

Memorandum of an Agreernent entered into between:.......

of "..

(hereinafter referred to as the "Ernployer" af the one part)

And

oI ..

{hereinafter referred to as the "employee" of the one part)

1. It is hereby agreed that: The employer shall employ the Employee andthe Employee shall serye the Employer as-r 1

(i;;;;,;"r':;;;;;;;;;;;;;1.2 At . .......

(Location)

I "3. For the purpose of .. .,......(Nature of work to be performett)

2. Duration of employment. Set outhereunder is the Duration ofEmploymentAgreement between the Employer and Employee

2.r rhe Employee rvill initially be emplol,ed from the: ..

day of ZA..

2.1.I Either Party may, during the Probationary Period terminatethis Employment Agreement, by giving one (l ) day's Notice

2.1.2 After satisfactory completion of the Probationary period:

39r

Collective B argaining Agreement: Construction Industry

2.2 The EmPloYee:

2.2.1 Will be employed for a period starting on the

day of 20 ..and terminating on either: the ""' dayof

20..

orat such time as the work as described in 1.2. and 1.3. for which the Employee

has been engaged, has been completed'

If the Employer is unable to determine when the employment will be terminated,

the Employee will be employed as per section 3 below:

3. Termination of EmPloYment

3. I Any termination of employment will be carried out in accordance with

theielevanr Clause in ihe current Collective Bargaining Agreement.

3.2 Disciplinary measures will be carried out in accordance with the

procedures outlined in the industry's Code of Conduct in terms of

the .utrent Collective Bargaining Agreement.

to inform in writing on

(a)

(b)

(c)

(d)

(e)

(0

The period of notice required to

Employment where aPPlicable in

Instrument 82 of 1992, Clause 28.

terminate the Agreement ofaccordance with Statutory

Details of any bonus or incentive production scheme in operation.

(g) provision of Health and safety awareness pamphlets/regulations ...

(h) The nature and duration of any annual shutdown and leave

entitlement:

(i)

392

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S.I. 45 of 2013

0) Vacation leave

(k) The obligation to abide by the Industry's Code of Conduct.

This Agreement Form protects the rights of both parties and is not aninstrument of discipline nor a mechanism to legiti mize poor employer practice.

To this end, no employer shall require an Employee to sign more than oneEmployment Agreement Form on any single site unless any of the followingconditions apply:-

(a) there is a change of occupation, an upgrading or promotion;(b) there has not been a break in continuity of employment and the

requirement for a subsequent form has arisen from a transfer toanother site and back;

(c) a period of 60 days ormore has elapsed since the previous EmploymentAgreement was terminated.

Signed by the Parties.

"':l'::::: ;;;;;;;;R:;;;;:;i,,*it ,

As witnesses:

i*i,*;;;

\,

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Supplement to the Zimbahtvean Goventment Gazette dated the l2th April, 2013.Printed by the Government Printer, Harare.

394