LEGAL NOTICE NO. 130 OF 2004

THE WAGES ACT, 1964

THE REGULATION OF WAGES (AGRICULTURAL INDUSTRY)

ORDER, 2004.

(Under Section 11))

In the exercise of the powers conferred on him by Section 11 of the Wages Act, 1964.  The Minister of

Citation:

1.     This Order may be cited as the regulation of Wages (Agricultural Industry) Order 2004 and shall be deemed to have come into effect on the 1^st January, 2004.

Interpretation:

2.     In this order, unless the context otherwise requires;

?artisan? means skilled employee who has passed a Government Trade Test or who has served an apprenticeship recognized by the Government.

?basic minimum wage? means the wage provided for in Regulation 4 payable to an employee after the commencement of the Order;

?continuous service? means a service in the employment of a current heavy duty driving license who is in  charge of a vehicle of over one and half tons tare weight whose duties include handling cargo to and from the tailboard, and daily maintenance and cleaning of such vehicles.

?farm clerk of store man? means an employee who is employed full time on day to day duties for keeping all relevant records associated therewith;

?field induna? means an employee who is in charge of a number of labourers of any category;

?general labourer? means an employee involved in the application of water to field crops and work associated herewith;

?motor vehicle? means an employee employed as a driver and who is in charge of the vehicle and its daily care

?plant pump attendance? means an employee who attends stationery Plant Equipment;

?seasonal worker? means an employee whose contract of employment is entered into for a specific season, or for work to be done on or in connection with a specific project or activity;

?storkman? means an employee who attends or heads animals and work associated herewith;

?tractor driver? means an employee who drives a tractor and is able to take complete charge of the tractor, operate it and all its associated implements, to complete a given task without supervision and carry out daily care of the tractor;

?task-work? means any piece work done by a worker or group of workers, on given time;

?watchperson? means an employee who is engaged during the day or night guarding and protection premises or property as directed by his employer.

Application:

3.     (1) This order shall apply to all persons employed in any undertaking carrying one or more of the following activities for gain-

a)    Cultivation of land and the use of land (irrigated or otherwise) for the purpose of animal husbandry, horticulture, civic-culture fruit growing, dairy farming, livestock small animal and poultry keeping or bleeding, civil culture and the growth or production of seed.

b)    The use of land as grazing or meadowlands, market gardens, nursery grounds;

c)     All handling and processing normally carried out on a farm or estate including crop cleaning, winnowing, drying, sacking, cantoning, livestock food preparation;

d)    The construction, maintenance and repair of a farm building and installation machinery, plant equipment, the running of irrigation scheme and the keeping of farm or estate accounts.

Basic Minimum Wage:

4.                (1) The basic minimum wage to be paid to any employee specified in the First Schedule shall not be less than that specified therein for the employee concerned.

(2) An employee who at the date of commencement of the Order is in receipt of a higher wage for the employee?s occupation than the wage prescribed in the First Schedule shall not suffer any reduction in such wage by reason of this order.

Hours of work:

5.     The normal hours of work shall, subject to the provision of regulation 6 be fifty-four hours of work spread over a period not exceeding six days in a week.

Provided that the normal hours of work for watchman, stockman, irrigators, plant and pump house attendants shall be sixty hours.

Overtime:  

6.     An employee required to work in excess of the normal working hours specified in regulation 5 shall be paid at one and half times hourly rate for such time worked from Monday to Saturday inclusive, and twice the employee?s basic hourly rate for time worked on Sundays, or the Public Holidays referred to in the second schedule..

Public Holidays:

7.     (1) Subject to sub-regulation (2) hereof, the public holidays specified in the regulation 9 shall, subject to the provision of regulation 6, be holidays with full pay.

          (2) The provisions of sub-regulation (1) shall only apply where the employee presents himself for the work on the working day immediately following the public holiday expect where the employee concerned has received permission from his employer to be absent on either day.

Annual Leave:

8.     (1) On completion of twelve months continuous service with an employer, an employee shall, at time convenient to the employer, be entitled to annual leave of not less than twelve working days with full pay.

        (2) An employee whose services are terminated after three months? initial service with the employer, or after returning for annual leave as provided for in sub-regulation (1) shall be entitled to one day?s pay for each completed month service following his initial engagement of following his return from leave as the case may be.

Compassionate Leave:  

9.     (1) An employee who has completed the probation period shall be entitled to compassionate leave as follows:

                   Widows                                     - 30 calendar days

                Widower                                    - 7 calendar days

                Natural father or mother               - 7 calendar days

                Natural child                               - 7 calendar days

        (2) Out of all the above mentioned days 3 days will be with full pay.

        (3) Entitlement to compassionate leave of any relative in addition to the above shall be at the discretion of the employer.

Public Holidays:  

10.    (1) The following shall be public holidays with full pay.

                New Year?s Day;

                Good Friday;

                King?s Birthday;

                Umhlanga (Reed Dance);

                Somhlolo Day (

                Christmas Day;

                Boxing Day;

                Incwala Day;

                May Day.

Sick Leave:

11.    (1) after three months of continuous service with an employer and subject t o the production of a medical certificate signed by a Medical Practitioner, registered under the Medical and Dental Practitioner Act, 1970, an employee shall be entitled to sick leave up to a minimum of fourteen days on full pay and thereafter to maximum of fourteen days on half wages in each period of twelve months.

        (2) Notwithstanding sub-regulation (1) ?

(i)                           An employee shall not be entitled to the benefits if the sickness or accident causing his absence was caused by his own negligence or misconduct.

(ii)                        A certificate issued by a registered nurse shall be accepted in place of a Medical Certificate if a Medical Practitioner is not available.

Maternity Leave:    

12.    (1) every female employee, whether married or unmarried, who has been to continuous employment of her employer for twelve months or more shall be entitled to twelve weeks? maternity leave, so arranged that she gets six weeks before the date of confinement, the other six weeks from the date of confinement but only at least two weeks pay the rest at the discretion of the employer.

Provident that she produces:- 

(a)            a certificate issued by a medical practitioner or a midwife setting the expected or actual date of confinement; or

(b)            such other evidence in support of the entitlement to maternity leave as is reasonable, having regard to all the circumstances of the case.

(2) A female employee shall not be entitled to the maternity leave provided for under sub-regulation (1) for two (2) consecutive years.

Written particulars:

13.           An employer shall on engagement of employee, give such employee a completed copy of the form of second Schedule of the order.

Continuous service: 

14.           where, the following upon of ownership of an establishment or undertaking, an employee enters the services of the new owner without interruption, the employee?s service shall be deemed to be continuous service in the employment of the new owner.

Task and ticket contracts:

15.    (1) Nothing in Order shall prevent an employer and employees from agreeing to the substitution of a Task for the normal hours of work in any day.

Employment of Women

16.    An adult shall be paid the same wage payable to an adult male employee employed in a similar capacity.

Employment of children and young persons:

17.    Wages payable to young children and persons, shall, for a person under the apparent age of fifteen years, be calculated at a rate not less than 50% of the rates of wages specified in the First Schedule and 75% of the rates for a person apparent age of fifteen but not exceeding the apparent age eighteen years who are engaged in the occupation specified in the First Schedule.

Provided that where task work is being performed the rate of the payment shall be the same for all persons engaged in the task, irrespective of age or sex, but payment shall be calculated in respect of the volume of work done or proportionate to the amount of task completed.

Lay-off due to inclement weather:

18.    Any employee who makes himself available for work bur does not work during continuous period of wet or inclement weather shall be entitled to his basic wage on the second and third days of such wet weather.

Protective Clothing:

19.    If it is necessary to protect an employee from physical or chemical injury which may arise from the work he is required to do, the employer shall supply the employee with adequate protective clothing and such an employee shall use the protective clothing as instructed.

Rations:

20.    Subject to the provision of Section 153 of the Employment Act, 1980, employee who where in receipt of rations or meals or cash allowance in lieu of rations continue to receive such rations or such allowance.

Revocation of Legal Notice No. 43 of 2002.

21.    The Regulation of Wages (Agricultural Industry) Order, 2002 is revoked;

First Schedule

(Regulation 4)

BASIC MINIMUM WAGE PER DAY

Basic labourer                                     E 16.63

Seasonal Worker                                 E16.63

Stockman                                           E16.63

Watchperson                                      E24.90

Irrigator                                             E16.97

Plant or pump House Attendance           E16.97

Field Induna                                       E20.59

Handyman                                          E20.75

Tractor Driver                                      E22.28

Farm Clerk/Storeman                           E25.88

Heavy Machine Operator                       E29.72

Artisan                                              E38.88

Driver (heavy duty)                              E29.72

SECOND SCHEDULE

(Regulation II))

Written Particulars of Employment Form

1. Name of employer????????????????????????????..

2. Name of Employee????????????????????????????.

3. Date of Employment???????????????????????????.

4. Wage and method of calculation????????????????????.

5. Internal at which wages are paid????????????????????

6. Normal hours of work??????????????????????????..

7. Short description of employee?s work?????????????????

??????????????????????????????????????????.

8. Probation Period??????????????????????????????

9. Annual
   Holiday
   Entitlement???????????????????????

10. Paid Public

11. Payment during sickness???????????????????????..

12. Compassionate Leave?????????????????????????..

13. Maternity Leave (if employee female)???????????????..

14. Notice employee entitled to receive?????????????????.

15. Notice Employee required to give???????????????????

16. Pension Scheme (if any, other than N.P.F Scheme)???????.

?????????????????????????????????????????.

17. Any other matter either party wishes to include???????....