Collective Bargaining Agreement: Mining Industry

Statutory Instrument 152 of 1990  corrected by S.I. 191/91; amended by S.I’s 192/91,109/93,279/94,182/96, 85/02, 94/13; and 144/2014

IT is hereby notified that the Collective Bargaining Agreement set out in the Schedule, which replaces the agreements published in Statutory Instrument 598 of 1981 and Statutory Instrument 7 of 1982, has been registered in terms of section 79 of the Labour Act [Chapter 28:01]

SCHEDULE
NATIONAL EMPLOYMENT COUNCIL FOR THE

MINING INDUSTRY
COLLECTIVE BARGAINING AGREEMENT

Memorandum of a collective bargaining agreement made and entered into in accordance with the provisions of the Labour Relations Act, 1985, between the Chamber of Mines of Zimbabwe (hereinafter referred to as ” the employers’ organization “), of the one part, and the Associated Mine Workers of Zimbabwe (hereinafter referred to as “the trade union“), of the other part, being parties to the National Employment Council for the Mining Industry.

The provisions of this agreement shall replace the whole of the provisions of the agreement published in Statutory Instrument 598 of 1981 (Mineworkers) and the agreement published in Statutory Instrument 7 of 1982 (Staff Employees), including all amendments and extensions of these agreements.

ARRANGEMENT OF CLAUSES

Clause

Definitions.

1 Any expression used herein which is defined in the Act shall have the same meaning as in the Act, unless further defined herein.

Unless inconsistent with the context—

“Act” means the Labour Act [Chapter 28:01];

“basic earnings” means wages or salaries earned by an employee, but does not include bonuses, allowances, commissions, or overtime payment or any other payment in kind or other like benefits, unless such inclusion is authorized by the Council;

“category” means a category of employment prescribed in subclause (5) of clause ten;

“certificate of competency” in relation to category 3 means a certificate issued by the Ministry of Labour, Manpower Planning and Social Welfare recognizing the holder as a skilled worker in a designated trade;

“certificate of registration” means a certificate issued by the Council in terms of clause twelve of this agreement, or any certificate of competency issued under any previous Industrial Agreement: Mining Industry (Mineworkers) or determination;

“charge-hand” means an employee appointed as such by an employer;

” contract worker ” means an employee who is engaged for a period of fixed duration or for the performance of a specific task which excludes normal production underground ;

[inserted by SI 109/93 with effect from the 26th February,1993]

” continuous service ” means the total period of an employee’s unbroken service—

(a) with only 1 employer ; or

(b) with any group of employers controlled throughout by the same head office; or

(c) on any 1 mine, irrespective of any change of ownership of such Mine; or

(d) on any group of mines controlled throughout by the same head office, irrespective of any change ownership in such group;

from the commencement of such period to its termination, whether by death, resignation, retirement or discharge:

Provided that an employee whose employment is terminated and who is re-engaged by the same employer or group of employers, or on the same mine or group of mines, within 3 months of such termination, shall be deemed not to have broken his service;

“council” means the National Employment Council for Mining Industry;

“direct supervision” means supervision continuously exercised within sight or sound of the work being supervised;

“emergency” means a situation in which life or property is in danger, or in which a serious stoppage in production caused by unforeseen events has occurred, or is about to occur;

“employee” means an employee for whom a subcategory is prescribed in Schedule A or Schedule B, referred to in subclause (1) of clause ten;

[substituted by SI 109/93 with effect from the 26th February,1993]

“essential supplies” means supplies of coal or coke—

(a) to persons engaged in the performance of work connected with the supply of light, power or water to the public, or with the provisions of a health sanitation or fire-extinguishing service to the public; or

(b) to persons operating, on a continuous basis, plant of national importance which would suffer damage through lack of supplies of coal or coke;

“executive committee” means the executive committee of the council appointed under its constitution;

“First Aid Certificate” means the Zimbabwe Red Cross Practical First Aid Certificate or its equivalent;

“grade” means the grade into which employees have been placed as indicated by the figures following the hyphen in the designation of each category;

“learner” means a person appointed as a learner in terms of clause thirteen, and “learnership” bears a corresponding meaning;

“mining industry” means, without in any way limiting the ordinary meaning of the expression, the industry in which employers and employees are associated together for mining purposes, which includes all work executed or carried out by persons therein who are engaged in the following activities or subdivisions thereof—

(a) the extraction from the earth or its surface of precious stones, precious metal ore, coal and base mineral ore; excluding limestone, other than limestone produced wholly or mainly for agricultural purposes;

(b) the tapping and recovery of mineral oils and natural gases;

(c) the beneficiation or processing of ores to minerals and metals other than—

(i) pig iron;

(ii) steel; and

(iii) ferro-alloys, except where such beneficiation or processing is carried out on a mining location or special grant as defined in the Mines and Minerals Act [Chapter 21:05];

(d) the extraction or manufacture of, by-products from coal;

and all operations incidental thereto, including the erection, maintenance, repair and operation of plant and machinery, and assaying, administration and accounting;

“month” means calendar month;

“night-work” means work other than overtime, undertaken during the hours falling between 6 p.m. and 6 a.m.;

“normal day off” means that day in the week on which an employee is not normally required to work;

“shift” means the normal period of hours worked by mine employees as prescribed in subclause (5) of clause seven and subclause (1) (a), (b) of clause fifteen;

“smallworker” means an employer on a mine where the total number of employees, excluding managerial employees, is 40 or less, and has been 40 or less for a period of 6 consecutive months or more, or has exceeded 40 for a period of less than 6 consecutive months;

“subcategory” means a subcategory of employment prescribed in subclause (5) of clause ten;

“stand-by duty” means the duty upon an employee to be available at short notice to undertake work of an urgent nature outside his normal working hours;

“technical subcommittee” means the technical subcommittee established by the council;

“working month” means the period from month to month recognized by an employer as the period for which employees’ salaries or wages are regularly compiled each month. If an employer does not recognize such a period, he shall be deemed to recognize a working month ending on the last day of each calendar month.

Scope and application of agreement

2 (1) In terms of the provisions of section 82 of the Act, the provisions of this agreement shall be binding upon and observed by—

(a) the employers and employees in the industry who are members of the employers’ organization and trade union, respectively;

(b) all other employers and employees in the industry;

within the area covered by all mining locations and special grants, as defined in the Mines and Minerals Act [Chapter 21:05] and the mining lease referred to in subsection (1) of section 4 of the said Act, together with any area upon which operations connected with any such mining location or special grant or mining lease are conducted, excluding the area of the undertaking of ZISCO Limited, in the mining of limestone and iron-ore:

Provided that—

(i) the terms of clause seven shall apply only to employers who are smallworkers, and to their employees:

(ii) the terms of clauses eight, ten to twenty-two, twenty-six to twenty-nine and thirty-one shall apply only to employers who are not smallworkers, and to their employees:

(iii) clauses one to six, nine, twenty-three, twenty-four, twenty-five, twenty-seven and thirty shall apply to all employers, and to their employees.

[subpara (iii) amended by SI 109/93 and further by SI 182/96 with effect from the 16th August, 1996]]

(2) Each provision of this agreement shall create a right or obligation, as the case may be, independently of the existence of other provisions, and no employer or employee may waive such right or obligation. Nothing herein contained, however, shall preclude an employer from granting to his employees a right greater than that provided for in this agreement.

(3) In the event of any provision of this agreement being inoperative or ultra vires the powers of the parties, or the Act, or regulations made thereunder, either before or after registration of this agreement, this shall in no way affect the remainder of the agreement which shall, in that event, constitute the agreement.

Period of, and alteration to, agreement

3 (1) This agreement shall come into operation on a date to be fixed by the Minister in terms of the Act and shall remain in force for a period of 2 years from such date :

Provided that the parties shall re-negotiate an extension of this agreement before the expiry of the above period.

(2) The Schedules to the agreement shall remain in force for a period of 1 year and shall be reviewed annually before the expiry date.

(3) Nothing shall preclude the parties from entering into, negotiations to amend any clause at any time:

Provided that—

(i) either party shall give to the council at least 1 calendar month’s notice, in writing, of any alteration which the party desires to make to the terms of this agreement;

(ii) the council shall consider, and shall take a decision on any proposed alteration to this agreement submitted in terms of proviso (i) within 6 months of the submission of such proposed alteration;

(iii) if the council accepts any proposed alteration submitted in terms of proviso (i), the terms of such alteration shall be transmitted to the Minister for incorporation in this agreement for the remaining period of its validity;

(iv) if the council is unable to agree on any alteration submitted in terms of proviso (i), such proposed alteration shall fall away, and the terms of this agreement shall continue to be binding on the parties for the remaining period of the validity of the agreement.

Administration of agreement

4 (1) The council shall be responsible for the administration of this agreement.

(2) The council may delegate any of its powers under this agreement to any person or persons as it thinks fit.

(3) The council may at any time vary or revoke any decision made in terms of this agreement by itself or by the executive committee or the technical subcommittee, or by any delegate appointed by it under subclause (2).

(4) Every employer and employee shall give every assistance to the council’s agents in making such investigations as the council may deem necessary into the operation of this agreement generally, and, in particular, to ascertain whether or not the provision thereof are being complied with.

Availability of agreement

5 Every employer shall keep a copy of this agreement freely available at all times for examination by his employees.

Exemptions, variations and savings

6 (1) The council may, upon such terms and conditions as it deems fit, grant exemption from, or a variation of, any of the provisions of this agreement to any employer or employee, and it may at any time likewise vary or cancel such exemption or variation.

(2) Any exemption or variation granted by the council under any previous Industrial Agreement: Mining Industry (Mineworkers) or determination and/or Industrial Agreement : Mining Industry (Staff Employees) shall be deemed to have been granted in terms of this clause, and any approval or consent granted by the council under any other provisions of the said agreement shall likewise be deemed to have been granted under the corresponding provision of this agreement.

Smallworkers and their employees

7 (1) This clause shall apply only to smallworkers and their employees, who shall be graded as follows—

^–Grade 1 (unskilled);

Grade 5 (semi-skilled):

Grade 11 (skilled):

Provided that, where reference is made to other clauses herein, such clauses and their subclauses shall also be applicable.

(2)In respect of every employee of a smallworker, there shall be a contract of employment, reduced to writing by the employer and signed by the employer and the employee at the time of engagement. A signed copy of such contract shall be given to the employee by the employer.

(3) Such contract shall state—

(a) the occupation in which the employee is employed;

(b) the length of the employee’s normal shift, subject to the provisions of subclause (5);

(c) the rate at which overtime will be paid, subject to the provisions of subclause (6);

(d) the rate at which, and conditions under which, paid leave will accrue to the employee, subject to the provisions of subclause (7);

(e) the wage or salary payable, subject to the provisions of subclause (10);

(f) the regular stoppages or deductions which are to be made in terms of subclauses (9) and (13);

(g) the date upon which the employer’s working month ends, for the purpose of subclause (10);

(h) the period of notice of termination of employment to be given, subject to the pro ions of subclause (11).

(4) No alteration to the contact shall be enforceable by either party thereto until such alteration has been noted upon the contract and signed by both the employer and the employee.

(5) Save upon the terms set out in subclause (6), a small-worker shall not require an employee to work, and an employee shall not work, longer than 48 hours per week, divided into 6 daily shifts of 8 hours each.

(6) An employee working in excess of 48 hours per week shall be paid overtime in accordance with the provisions of clause sixteen.

(7) Annual leave for all employees shall be in accordance with the provisions of clause eighteen.

(8) The minimum wage or salary payable to an employee of a smallworker shall be the existing national or industry minimum wage, as amended from time to time:

Provided that such minimum rate shall not apply to employees who have been certified by a registered medical practitioner or suitably qualified person as infirm or otherwise incapacitated and who are engaged only on light work on the surface.

(9) —

(a) when so requested by an employee, in writing, in the form prescribed by the trade union, an employer shall deduct from the wage or salary of such employee—

(i) the subscription and life, accident and medical insurance premiums due to the trade union; and

(ii) such other contributions to the trade union as may be authorized by the council;

Provided that—

(i) an employer who has received requests from less than 10 members of the trade union may refuse to make such deductions;

(ii) employers may refuse to make such deductions if it is proved, to the satisfaction of the council, that undue influence or coercion has been, or is being, exercised by members of the trade union to compel non-members to become members thereof;

(b) no other stoppages or deductions shall be made by a smallworker from the wages or salary of an employee, save in respect of—

(i) the subscriptions and amounts due to any mine club;

(ii) subscription to any medical or sick-benefit fund recognized by the smallworker;

(iii) employees’ contributions to a pension fund;

(iv) deductions in respect of the supply, on a repayment basis, of boots and eating-utensils, and in respect of the loss of, or damage to, clothing or equipment issued free of charge to the employee by the small-worker;

(v) such sums as the smallworker may by law be obliged to deduct;

(vi) such sums as may be mutually agreed upon in writing between the smallworker and the employee, subject to the approval of the council;

(vii) deductions in respect of accommodation and services and fuel as provided for in clauses twenty-three and twenty-four.

(10) Except when the employment has been terminated—

(a) all wages, salaries and overtime earned by the employee up to the end of each working month shall be paid within 7 days of such end;

(b) all allowances or other like benefits prescribed in this agreement and due to an employee shall be paid not less frequently than once per month, and within 7 days of the end of the period to which the allowances relate;

(c) all bonus payments or other like benefits due to an employee shall be paid within 14 days of the end of the period to which the bonus payments relate.

(11) Except in the case of a determination resulting from summary suspension, notice of termination of employment of 26 working days shall be given and confirmed, in writing, by the employee or the employee as the case may be:

Provided that any dismissal shall be referred to a labour officer for an order or determination terminating the contract of employment in terms of regulations published under the Labour Act [Chapter 28:01], as amended from time to time.

[See the Labour (Settlement of Disputes) Regulations, 2003 SI 217/03,
and the Labour Relations(Retrenchment) Regulations,2003 SI 186/03]

(12) No smallworker shall employ a person under the age of 17 years on underground work.

(13) —

(a) a smallworker employing 25 or more employees shall participate in the Mining Industry Pension Fund, in accordance with the rules of that fund :

Provided that a smallworker who was not contributing to the Mining Industry Pension Fund before the date of introduction of this agreement, shall only be required to participate in the Mining Industry Pension Fund from the date of introduction of this agreement;

(b) a smallworker employing 24 employees or less may elect to participate in the Mining Industry Pension Fund, in accordance with the rules of the fund, in which event the provisions of subclause (14) shall cease to have effect in respect of employees who are eligible for membership of the fund;

(c) a smallworker who participates in the Mining Industry Pension Fund shall pay to that fund, when he commences to participate, a gratuity in respect of each eligible employee of not less than the amount derived by multiplying the appropriate percentage of his current basic earnings, as shown in the following Table, by the number of completed years of continuous service :

Provided that no service entered into before the 1st January, 1965, shall be taken into account in calculating such gratuity.

(14) An employee who has completed 5 or more years of continuous service shall, on termination of such service whether by death, resignation, retirement, discharge or otherwise, and subject to the provisions of subclause (13), be paid by his employer a gratuity not less than the amount derived by multiplying the appropriate percentage of his current monthly basic earnings on termination, as shown in the following Table, by the number of completed years of continuous service:

Provided that no service entered into before the 1st January, 1965, shall be taken into account in computing the length of an employee’s continuous service for the purpose of this subclause.

(15) For the purposes of subclauses (13) and (14), “basic earnings” shall mean the actual monthly salary being paid or, where a rate per shift is being paid, 26 times the actual rate per shift

(16) An employee who has completed not less than 6 months of continuous service who is absent from duty on account of illness, and who is able to produce a doctor’s certificate showing that such absence was essential for medical reasons, shall be entitled to sick leave in accordance with the provisions of subclause (12) of clause eighteen.

Contracts of employment

8 (1) This clause and clauses ten to twenty-two, twenty-six to twenty-nine and thirty-one shall apply only to employers who are not smallworkers and to their employees.

(2) In respect of every employee, there shall be a contract of employment reduced to writing by the employer and signed both by the employer and the employee at the time of engagement. A signed copy of such contract shall thereupon be given to the employee by the employer.

(3) The contract shall state the occupation, category and the subcategory in which the employee is, employed, his wage or salary and details of all allowances and consolidations and shall contain a statement of all regular deductions permitted which are mutually agreed upon at the time of engagement or authorized in terms of this agreement.

(4) In the event of any dispute arising as to the category or subcategory in which an employee had been placed, such dispute shall be referred to the council, whose decision thereon shall be final.

(5) No alteration to a contract shall be enforceable by either party thereto until such alteration has been noted upon the contract and signed by both the employer and the employee.

Non-reduction of conditions

9 Except in so far as adjustments to rentals, charges for services and fuel, and subscriptions to the council become necessary for the implementation of clauses twenty-three , twenty-four and twenty-seven, no employee in employment at the time when this agreement becomes effective shall suffer any reduction in his wage or salary or conditions of service as a result, of the introduction of this agreement, except by mutual agreement, which shall be signed by both parties, subject always to the provisions of subclause (2) of clause two.

Categories, classes and subcategories of employees

10 (1) Subject to the provisions of subclause (2), every employee shall be placed by his employer at the time of engagement in the category appropriate to his occupation, and in the case of category 3, the class, in terms of Schedule A and subcategory in terms of Schedule B appropriate to his qualifications, experience and abilities in such occupation. Such subcategories will be in the range of grades from grade 1 to grade 13 in each category.

(2) An employee in an occupation provided for in Schedule B may, with his consent, be placed in a subcategory lower than that appropriate in terms of subclause (1), and only in the circumstances set out in clause fourteen, shall an employee in an occupation provided for in Schedules A and B be placed in a class or subcategory higher than that so appropriate.

(3)—

(a) an employee in an occupation provided for in Schedule A or Schedule B who obtains certification or registration in a higher class or subcategory shall be considered for such higher class or subcategory only if a vacancy exists in that higher class or subcategory;

(b) an employee in an occupation provided for in Schedule A or Schedule B who is not promoted to a higher class or subcategory on obtaining certification or registration in a higher class or subcategory because of the absence of any suitable vacancy, shall not be required to undertake the work of that higher class or subcategory except when acting for an employee who is absent on of leave or illness or with the consent of the technical subcommittee. Where an employee acts for employee in a higher class or subcategory or his appointment has been approved by the technical subcommittee , the higher minimum rate of pay shall be applicable for the whole period that he so acts.

(4) An employer shall not give, out, on contract, skilled maintenance work which would normally be performed by a Class 1 skilled worker unless the person required to undertake the work meets the qualification requirements prescribed in this clause for the subcategory concerned and is remunerated at rates which are not less than those prescribed in the agreement.

(5) The categories, classes and subcategories referred to in subclause (1) shall be as set out in Schedules A and B and advancement from Grade 4 to Grade 5 in any category may be subject to the Grade 4 employee being required to possess a recognised First Aid certificate.

Records of Service

11 (I) A record of service in the form supplied by the council shall be compiled by the employer in respect of each employee at the time of his first and any subsequent engagement in the mining industry. Such record of service shall bear the employee’s pension fund number and shall be completed in duplicate, both copies being retained by the employer and the original handed to the employee on termination of service, for him to hand to his new employer on obtaining new employment in the mining industry.

(2) Employers shall record on the record of service any change in the category, class or subcategory of an employee and any specific acting appointments.

(3) Entries in both the original and duplicate of a record of service shall be made by the employer or his authorized representative.

(4) The employer shall ensure that both copies of the record of service for the period during which the employee is in his employ are properly maintained and completed to show a true and accurate record of any change in the prescribed information.

(5) In the event of the employment being terminated the duplicate of the employee’s record of service shall be retained by the employer until called for by a new employer of that employee or until the expiry of a period of 3 years after termination of employment and thereafter forwarded to the council for retention.

(6) In the event of the loss of the original record of service the employer holding the duplicate shall, on being requested to do so, provide the employee with a duly authenticated copy thereof. An employer shall impound any illegible or damaged record of service and forward it to the council.

(7) In the event of an employer ceasing operations in mining industry, all duplicate records of service in that employer’s possession shall be forwarded to the council. The council shall retain such duplicate records of service until called for by another employer.

Certificates of registration

12 (1) The provisions of this clause shall apply to grade 11 and 12 employees, in the categories 4 and 5.

(2) Any employee engaged to perform the work of a grade 11 or 12 employee in category 4 or 5, and who, at the time of his engagement, does not possess a certificate of registration for such work, shall apply to the council for such certificate within 30 days of his engagement.

(3) An application for the issue of a certificate of registration shall be supported by such documents as the council may call for from time to time.

(4) The council shall issue a certificate of registration for the work of a grade 11 or 12 employee if the applicant satisfies the council that he has—

(a) completed a learnership appropriate to such category; or

(b) undergone training equivalent to such learnership.

(5) An employee who is employed to perform the work of a grade 11 or 12 employee, and whose application for a certificate of registration is rejected by the council, shall forthwith cease to be employed in such grade.

(6) Any reference to subcategory A or subcategory C in certificates of competency issued in terms of agreements in force prior to the registration of this agreement shall be deemed to be references to grade 11 or 12 for the purposes of this agreement. Certificates of competency issued prior to the registration of this agreement shall not be invalidated by any reference to subcategory A or C.

Learnerships

13 (1) An employer may appoint persons as learners with the object of training them to fulfil the requirements of the subcategories—

4-11 Miners—

coal miners; or

hard rock miners; or

open cast miners (coal); or

open cast miners (hard rock).

Core drillers.

4-12 Senior overseer miner:

Provided that a subcategory 4-12 senior overseer miner shall complete a conversion learnership from a subcategory 4-11 overseer miner.

5 -11 Locomotive drivers,

Plant operators—

power station plant operators; or

refinery plant operators; or

smelter plant operators; or

concentrating plant operators; or

cyanide plant operators; or

aspiration plant operators; or

miscellaneous plant operators.

(2) Learner surveyors, laboratory technicians, assayers and geological technicians may be engaged to train under a scheme prepared by an employer or by the Chamber of Mines, acting on behalf of the industry:

Provided that—

(i) an employer who engages learners to train in one of these occupations shall advise the council of the training programme to be followed and the proposed duration of the course;

(ii) learners placed in temporary positions of responsibility shall be remunerated accordingly;

(iii) a learner shall qualify himself in first aid during his course, and shall attend first aid classes if provision is made therefor by his employer;

(iv) the programme of learnership shall be so arranged that learners shall be given every opportunity to attain proficiency in the various subjects relating to their occupations. –

(3) A learner shall be not less than 16 years of age if employed for surface work and not less than 17 years of age for underground work.

(4) The minimum educational qualification of a person appointed as a learner shall be—

(a) the attainment of 3 Grade C passes at O-Level in English, Mathematics and 1 other subject; or

(b) the attainment of a standard of education acceptable to the council as equivalent to that achieved after 4 years of secondary education; or

(c) 2 years secondary education and not less than 5 years’ experience as an employee in the category for which the learnership is to be undertaken:

Provided that an applicant for learnership relying upon paragraph (c) shall be approved by the technical subcommittee before his appointment.

(5) —

(a) In the case of all learnerships a written contract, on the prescribed form as set out in Schedule C, must be completed by employer and employee.

(b) A copy of such contract shall be transmitted council by the employer for registration within of a period of 1 month from the date of engagement of the learner.

(c) On completion of the period of learnership or ” conversion learnership“, the said contract shall be endorsed accordingly, and the form attached to the contract shall be completed and forwarded to the council. On receipt of the notification of completion of the contract, the council shaft issues to the employee concerned a Certificate of registration in the form approved by the council:

Provided that, in the case of a learner miner in subcategory 4-11 the learnership shall not be regarded as having been completed until the learner has obtained a full blasting licence.

(6) During the first 25% of the period of a contract of learnership, the employer shall have the right to cancel the contract, and the learner shall have the right to withdraw from the contract.

(7) —

(a) The period of employment as a learner shall not exceed 2 years nor, in the following eases of initial learnerships, shall it be less than—

(i) 90 shifts for learners who have completed an approved course of training at a university;

(ii) 150 shifts for learners who have completed an approved course of training at a technical college;

(iii) 300 shifts for learners in subcategory 4-11 overseer miner under the supervision of a grade 11 or higher employee nominated in the training schedule as set out in the contract of learnership:

Provided that—

(a) the shifts worked during the period of learnership shall be full underground shifts, except where instructions or demonstrations given in accordance with the training schedule are more appropriately given on surface;

(b) in the case of a learner in subcategory 4-11 who has previously completed an approved course of training in mining, the minimum number of shifts to be worked in order to complete his learnership may be reduced by the number of full underground shifts worked during his course under the supervision of a subcategory 4-11 overseer, or 90 shifts, whichever is the less;

(c) such full underground shifts worked during his previous course are authenticated by the subcategory 4-11 overseer miner giving the instruction:

(iv) 6 months for learners in subcategory 4-11, core driller;

(v) 6 months for learner power-station, smelter, and aspiration-plant operators;

(vi) 3 months for learner concentrating-plant and cyanide-plant operators and miscellaneous plant operators and learner locomotive-drivers in Sub category 5-11.

(8) If an employee has completed a learnership and then transfers to other employment in grade 11 or 12 that requires a certificate of registration in terms of clause twelve, the employer shall appoint such employee as a learner for so long as is required to enable him to familiarise himself completely with the different operations which might be involved:

Provided that—

(i) the period of learnership in such instances shall not be less than 75 shifts and not more than 300 shifts:

(ii) an employee who is undertaking a conversion learnership, as prescribed above following his transfer to the conversion learnership by his employer, shall be paid wages which are not less than those which he was receiving immediately before his transfer;

(iii) in the case of a “conversion” learnership from a subcategory 4–11, overseer miner to a 4-12, senior overseer miner, the period of employment as a learner shall be not less than 150 shifts under the supervision of a category 4-12 senior overseer miner or higher.

(9) No person shall be classed as a learner who does not follow the schedule of training as laid down in his contract of learnership:

Provided that the order in which the phases of training are carried out shall be at the full discretion of the employer.

(10) A contract of learnership may be ceded or assigned to another employer only with the written consent of the council.

(11)—

(a) except in the case of a subcategory 4-11 learner miner who has obtained a full blasting licence, learners shall not, without the written consent of the council, be placed in any position of responsibility during the period of employment as a learner, or be used as substitutes for employees under whom they are learning, except in an emergency, and for short periods only. A subcategory 4-11 learner miner who is in possession of a full blasting licence may assume the responsibilities of a subcategory 4-11 overseer miner who it absent on leave or on account of illness;

(b) learners placed in a position of responsibility or substituting for Grade 11 or 12 employees in accordance with the provisions of paragraph (a) shall be paid, as grade 11 or 12 employees as the case may be while in such position of responsibility or substituting for a grade 11 or 12 employee.

(12) A learner shall not be permitted to work overtime, except in an emergency in which event he shall be paid overtime.

(13) A learner shall attend first aid classes and qualify himself in first aid during his period of learnership.

Performance of work within and outside an employee’s category,
class and subcategory

14 (1) An employee shall perform the work prescribed specifically for his class and subcategory in the appropriate category of Schedule B.

(2) An employee may be required in certain circumstances to perform the work prescribed for any class or subcategory higher or lower than his own within or outside his category:

Provided that—

(a) an employee in an occupation provided for in Schedule B may be appointed by a person in authority to work in a higher class or subcategory for the purpose of training in the higher skills pertaining to that occupation under the direct supervision of a higher class or sub-category of employee; or

(b) outside his category, where he has been trained, tested and found competent of performing the work required of him and whilst so employed, he shall be remunerated at rates which are not less than those prescribed in the agreement.

(3) An employee in grade 10 and above may also perform work outside his category if—

(a) he has consented to do so, which consent may be withdrawn with immediate effect at any time; or

(b) the need for such work has arisen—

(i) through an emergency or unforeseen absence of another employee or to maintain essential supplies:

Provided, that the performance of such work in such circumstances shall cease 72 hours from the time when the need thereof arose; or

(ii) directly out of the job on which the employee is engaged:

Provided that the performance of such work does not constitute the main part of the job in hand, or a major operation which should be regarded as a separate job, and does not occupy the employee for a total period in excess of 8 hours.

(4) Employees in grades 4 to 9 may perform work prescribed for employees in, grades 1 to 9 outside their category under conditions similar to those set out in subclause (3),

(5) Employees in grades 1, 2 and 3 may perform work outside their categories.

Hours of work

15 (1) Save as provided in clause sixteen, an employer shall not require or allow an employee to work, and an employee shall not work, longer than the hours hereinafter prescribed—

(a) employees in categories 3 and 5, and category 4, bell-men, onsetters, skipmen and banksmen, 48 hours per week divided into 6 daily shifts of 8 hours each:

Provided that—

(i) extra hours at the employee’s current wage may be worked to provide for a change in shifts;

(ii) where the exigencies of the situation require it, an employee may be requested, and may agree, to work on his normal day off or a paid holiday. In such event, the additional shifts shall be paid at twice the employee’s current wage or salary for his normal shift;

(b) all other mine employees engaged on fixed or rotational shift work 48 hours per week from Monday to Saturday, divided into 8 hours daily:

Provided that notwithstanding the provisions of paragraph (a) of subclause (2) of clause sixteen extra hours at the, employee’s current wage may be worked during any day or days of the week in order to secure a corresponding reduction of hours during any other day of the week;

(c) catering employees, 48 hours per week, of which not more than 12 hours may be worked on any 1 day;

(d) employees engaged on staff work and paid on a monthly basis, 208 hours per month.

(2) —

(a) employees who are engaged in a regular alternation or rotation of shifts, which includes regular afternoon shifts or night shifts, shall not be kept on afternoon shift or night shift for more than 4 consecutive weeks without their consent;

(b) unless he agrees otherwise, an employee who is—

(i) engaged on an alternation of shifts which includes regular morning shifts and afternoon shifts or night shifts shall be placed on the morning shift for a period which is at least equal to the period spent on the afternoon shift or the night shift;

(ii) engaged on a continuous cycle of operations involving 3 shifts shall be placed on the morning shift for a period which is at least equal to half the aggregate of the period spent on the afternoon shift and the night shift;

(c) for the purposes of subparagraphs (i) and (ii) of paragraph (b)—

“morning shift” shall mean a normal shift which commences during the period between 2 a.m. and10 a.m.;

“afternoon shift” shall mean a normal shift ‘which commences during the period between 10 a.m. and 6 p.m.;

“night shift” shall mean a normal shift which commences during the period between 6 p.m. and 2 a.m.

Note —For clarification, it is stated that the provisions of this subclause do not apply to employees who are engaged on an afternoon shift or a night shift which does not form part of a regular alternation or rotation of shifts.

(3) The provisions of subclauses (4) to (8) shall apply to mine employees engaged on fixed or rotational shift work.

(4) —

(a) except in the case of catering employees, the hours worked each day shall be consecutive, except for meal- times. In the case of catering employees, the hours of work may be arranged to suit the circumstances:

Provided that no single shift shall comprise more than 3 separate working periods, nor be spread over a total period of more than 15 hours;

(b) where the work involved necessitates such action, an employer may require an employee in a category other than a catering employee, to work split shifts for a temporary period, which shall not exceed 3 consecutive days without the consent of the technical subcommittee.

(5) The hours of work of underground employees shall be calculated from bank to bank, unless the council agrees that travelling time, or a portion thereof, shall not be taken into account and that the hours of work shall be calculated in some other manner.

(6) All surface employees required to work temporarily underground shall work the same hours as underground employees, and shall be credited with the number of hours constituting their normal shift on the surface,

(7) Save as provided in clause sixteen, an employer shall not require an employee who is granted a recognized meal-time to work during his meal-time, except with his consent. An employee who is required, and does consent, to work during his meal-time shall be paid at overtime rates in respect of the period worked, or shall be allowed to end his shift at an equivalent period before the end of the normal shift.

(8) Any employee who is required to work a full shift without a recognized meal-period shall be allowed a break of 15 minutes during the course of his shift, the period of such break to be included in his normal shift hours.

Overtime

16 (1) Except as provided in subclause (1) of clause fifteen, no employer shall require or allow an employee to work, overtime except in an emergency or to maintain essential supplies, or where the exigencies of the situation require that work be performed with greater rapidity than would be possible by working the normal hours prescribed or permitted by this agreement

(2) An employee who is required to work overtime shall be credited with—

(a) a full 30 minutes of overtime for the first 30 minutes or less worked on any 1 day;

(b) the actual overtime worked, taken to the nearest 30 minutes where overtime worked exceeds 30 minutes.

(3) Pay for overtime worked shall, be shown as a separate payment.

(4) The provisions of subclauses (5) to (9) shall apply to employees engaged on fixed or rotational shift work and paid by the hour or shift or day. The provisions of subclauses (10) and (11) shall apply to employees engaged on staff work and paid on a monthly basis.

(5)—

(a) in the event of an employee being required to work more than normal hours of any shift, he shall be paid for such overtime at the rate of 1½ times his current wage;

(b) an employee who is required to work on his normal day off or a public holiday shall be paid for such overtime at 2 times his current rate;

(c) extra hours worked in order to provide for a change of shifts or by arrangement between employees in accordance with the provisions of paragraph (a) of subclause (1) of clause fifteen shall be deemed not to constitute overtime.

(6) Overtime for these employees shall be calculated on an hourly wage, and, for the purpose of converting—

(a) basic earnings per shift to an hourly rate, the employee’s current basic earnings per shift shall be divided by 8;

(b) monthly basic earnings to an hourly rate, the employee’s current monthly basic earnings shall be divided by 208.

(7) An employee who is required to work overtime immediately following the end of his normal shift, or within 30 minutes thereof, shall be granted—

(a) a break of 30 minutes after the completion of 4 hours of continuous overtime, which break may be waived by the employee:

(b) a break of 8 hours after the completion of 8 hours of continuous overtime which break may be waived by the employee;

(c) a break of 16 hours after the completion of 16 hours of overtime, which break shall be compulsory.

(8) Any normal shift falling within the 16-hour compulsory break period shall be regarded as a shift worked for the purpose of calculating leave in terms of clause eighteen and basic earnings in terms of clause nineteen.

(9) Any employee required to work overtime on his normal day off shall be paid not less than 4 hours at overtime rates, and, in respect of day-off overtime in excess of 4 hours at overtime rates for the hours actually worked:

Provided that, in order to qualify for the minimum payment of 4 hours at overtime rates, he shall have completed the particular work specified by the management.

(10) In the event of an employee engaged on staff work and paid on a monthly basis other than a part-time employee, being required to work more than 208 hours in a working month, the employer shall either—

(a) pay to such employee an amount calculated at the rate of 0.75% of his basic earnings for each hour worked in excess of 208 hours:

Provided that if such employee is required to work on his normal day off or on a public holiday, an amount calculated at the rate of 1% of his basic earnings shall be paid for each hour worked: or

(b) with the concurrence of the employee, grant such employee an equivalent amount of time off by the end of the following month.

(11) In the event of a part-time employee being required to work more than X/Y multiplied by 208 hours in a working month, the employer shall either—

(a) pay to such part-time employee an amount calculated at the rate of 0,75% of his basic earnings for each hour worked in excess of X/Y multiplied by 208 hours:

Provided that if such employee is required to work on his normal day off or on a public holiday, an amount calculated at the rate of 1% of his basic earnings shall be paid for each hour worked; or

(b) with the concurrence of the part-time employee, grant such part-time employee an equivalent amount of time off by the end of the following month..

Note:- For the purposes of this subclause —

X is the number of hours in a 26 working-day month worked by the part-time employee under normal circumstances; and

Y is the number of hours in a 26 working-day month normally worked by a full- time employee in the same occupation or department.

Stand-by duty

17 (1) Subject to clause twenty, an employer may appoint an employee, in writing, for stand-by duty. Any employee so appointed shall perform such duty when called upon to do so.

(2) Except in an emergency, or where, due to sickness or leave, shorter notice is unavoidable, an employee appointed for stand-by duty shall be given not less than 72 hours’ notice of such duty.

(3) An employee who is appointed for stand-by duty shall remain in his usual residence outside normal working hours or, if he wishes to visit the mine club or another place or mine property or any place which is not on mine property, but which has been approved by his employer, shall keep the person on call-out duty advised of his whereabouts.

(4) Except by mutual agreement, an employee who has completed a period of 7 consecutive days on stand-by duty shall be allowed a period of at least 7 days before being called upon to undertake a further period of stand-by duty.

Leave

18 (1) Annual leave shall be granted in accordance with the provisions as set out in Schedule D.

(2) An employee may take up to 7 days per annum of the annual leave provided for in Schedule D as single days of casual leave or in periods of less than 6 consecutive day’s leave. Leave in excess of 7 days per annum may only be taken as single days or in periods of less than 6 consecutive working days with the approval of the employer.

(3) All leave, other than sick-leave, shall be paid at the employee’s current basic earnings at the time when leave is taken and annual leave shall be paid before an employee proceeds on leave, provided the leave period is in excess of 7 consecutive days.

Sick-leave shall be paid at the rate prescribed in subclause (12).

(4) In computing leave due to employees in terms of Schedule D—

(a) Sundays, or an employee’s normal day off, falling during the period of leave shall not be taken into account;

(b) an extra day’s leave shall be allowed for any paid holiday which falls within a period of leave.

(5)—

(a) all annual leave shall be taken at the convenience of the employer and, with the exception of days taken as casual days, shall be subject to 14 days’ notice being given on either side of the requirement, subject to the provisions of subclause (7), or the wish to take such leave; and

(b) no employee may be compelled to take leave within 6 months of resumption of duty after a previous leave:

Provided that such previous leave taken amounted to not less than ⅔ of his annual leave entitlement:

(6) —

(a) any employee recalled to work before completion of his annual leave shall be granted a refund of any direct additional expenses incurred, plus a proportion of overhead costs, such as hotel and travelling expenses based upon the relation between the amount of annual leave not taken as a result of such recall and the total leave granted;

(b) where leave is postponed at the request of an employer, after it has been applied for and has been granted by the employer, an employee shall be entitled, upon production of the requisite receipts, to a full refund of any non-returnable accommodation or travelling deposits made by him

(7) Every employee may accumulate annual leave for a period not exceeding twice the total leave due in terms of Schedule D;

Provided that—

(i) an employee wishing to proceed on extended leave shall be permitted, by arrangement with his employer, to accumulate leave for a period not exceeding 3 times the total leave due in terms of Schedule D;

(ii) where an employee accumulates leave in excess of the maximum provided for in this subclause, the excess shall not be forfeited if it has been accumulated as a result of the employer requesting the employee to defer the taking of his leave.

Note:—Leave accruing during the current leave year shall not be taken into account in reckoning the total amount of leave which has been accumulated by an employee for the purpose of this subclause.

(8) Any employee who has completed not less than 6 month’ continuous service shall receive cash in lieu of annual leave on termination of employment, such payment being in respect of that portion of the annual leave which has been earned to the date of termination.

(9)—

(a) those days that are prescribed as public holidays in terms of the Public Holidays and Prohibition of Business Act [] shall be deeChapter 10:21med to be paid holidays:

Provided that, in order to quality for payment in respect of any such paid holidays, an employee shall work on both the working day before and the working day after such holiday, unless he is absent on leave or through illness which is supported by a medical certificate;

(b) an employer may require an employee to work on a paid holiday in which event the employer shall either—

(i) with the consent of the employee grant the employee leave of absence on another day instead of the paid holiday, and pay him not less than his daily wage or salary in respect of the paid holiday and that other day; or

(ii) pay the employee for work done on the paid holiday, at the following rates, in addition to paying him his daily wage or salary in respect of the paid holiday for each hour of work done for the day of the week on which the paid holiday falls, at not less than twice the current daily wage or salary of the employee.

(10) No employee shall undertake any paid employment during any period of leave taken in terms of this clause.

(11) Payment in lieu of annual leave may be made by mutual arrangement between employer and employee. Leave for which such payment is made shall not count as service qualifying for further leave.

(12) Upon production of satisfactory proof, in the form of a doctor’s certificate, to the effect that, for a reason to be stated therein, absence from duty is essential, an employee shall, after 6 months’ continuous service with the same employer, be entitled to sick leave at his normal rate of pay at the time of becoming sick for the first 26 working days and at half such rate of pay for the following 26 working days of sickness in any 1 year of service:

Provided that—

(i) an employee shall not be entitled to receive any pay whilst absent on sick-leave if his incapacitation has been caused by his wilful misconduct or gross negligence;

(ii) any periods of absence on sick-leave in excess of 52 working days shall not be counted as service for the purpose of assessing normal leave entitlement;

(iii) where no doctor is available, the employer shall accept a certificate signed by a State registered or State certified nurse who is in the service of the employer.

(13) Female employees who are forced to withdraw their services because of pregnancy shall be entitled to paid leave and other benefits as prescribed in the Act, and as set out in Schedule D.

(14) Part-time employees engaged in terms of subclause (9) of clause nineteen shall be entitled to the same leave and leave privileges as a full-time employee in the same grade.

Remuneration

19 (1) Every employer, having placed each employee in a subcategory appropriate to his trade or occupation as provided for in clause ten, shall pay to such employees at least the amount prescribed in Schedule E and no employee shall accept an amount less than that prescribed for him.

(2) After having commenced work, no employee shall be paid less than the wage payable for a full day or shift, unless—

(a) he is removed from his working place and sent home for being under the influence of alcohol or drugs or has been suspended in terms of regulations made in terms of the Labour Act, [Chapter 28:01] ; or

(b) he ceases work of his own accord for reasons other than sickness or an accident which is sufficiently serious to justify cessation of work, and which has been duly reported to his immediate superior.

(3) No employer shall enter into a contract of employment with an employee in grades 1 to 13, which provides for the payment of basic earnings which includes an allowance for a fixed amount of overtime, without the approval of the council. Application for approval to pay a wage which includes any allowance for fixed amount of overtime must be accompanied by a copy of the contract of employment and full details of the basic earnings would be paid exclusive of overtime, the amount of overtime to be included in the basic earnings, the basic earnings to be paid including the allowance for overtime and the rate at which additional overtime will be paid.

(4) Save with the written consent of the employee, an employer may not alter or reduce his rate of pay.

(5)—

(a) Except when his employment has been terminated—

(i) all basic earnings and overtime earned by an employee up to the end of each working month shall be paid within 7 working days of such end;

(ii) all allowances or other like benefits prescribed in this agreement and due to an employee shall be paid not less frequently than once per month, and within 7 working days of the end of the period to which such allowances relate;

(iii) all bonus payments or other like benefits due to an employee shall be paid within 14 working days of the end of the period to which such bonus payments relate;

(b) if the employment is terminated by the employer, payment of all moneys due shall be made on the last day worked;

(c) if the employment is terminated by the employee, payment of all moneys due shall be made on the last day worked, or on the day on which due notice of termination, if given, would have expired, whichever is the later;

(d) all basic earnings and overtime payments shall be accompanied by a wage-slip showing—

(i) the name and subcategory of the employee;

(ii) the basic earnings;

(iii) where appropriate, the number of days being paid for;

(iv) the total earnings due;

(v) the amount of any allowances;

(vi) details of overtime worked and being paid for; and

(vii) full details of deductions being made;

(e) payments made under any incentive scheme shall be accompanied by a wage-slip showing the basis upon which the payment has been calculated.

(6) Where an employee is engaged on task-work, he shall be paid for a full day or shift, even though he may complete his task within the 8-hour period, and shall be paid overtime for any period worked in excess of 8 hours.

(7) An employer who operates an incentive scheme shall make available, in writing, to every employee affected thereby a copy of the conditions attaching to the scheme, and shall advise the employee of any amendments which are to be introduced.

(8) Basic minimum earnings shall be paid in accordance with those set out in Schedule E.

(9) Part-time staff employees shall be remunerated at a rate which is not less than X/Y of the minimum salary prescribed for the occupation concerned where —

‘X’ is the number of hours in a week to be worked by the part-time employee under normal circumstances; and

‘Y’ is the number of hours in a week normally worked by a fulltime employee in the same occupation or department.

Allowances

20 Allowances shall be paid in accordance with the provisions as set out in Schedule F.

Acting appointments

21 Where an employee in grade 4 or higher is required, to act in a temporary capacity for a more senior employee for a continuous period of 2 weeks or more, the employer shall make a formal acting appointment, in writing, and shall endorse his record of service accordingly. The written appointment shall form an addendum to the employee’s contract of employment:

Provided that—

(i) where circumstances warrant such action, an employer may specifically appoint an employee in grade 4 or higher to act for a more senior employee for a period of less than 2 weeks;

(ii) employees who have been appointed to act for more senior employees for periods of 2 weeks or more and employees who have been specifically appointed, in writing, to act for more senior employees for periods of less than 2 weeks shall be entitled to receive the allowance prescribed in Schedule F.

Stoppages and deductions

22 (1) When so requested by an employee, in writing, in the form prescribed by the trade union, an employer shall deduct from the wage of such employee—

(a) the subscription and life, accident and medical insurance premiums due to the trade union; and

(b) such other contributions to the trade union as may be authorized by the council:

Provided that employers may refuse to make such deductions if it is proved to the satisfaction of the council, that undue influence or coercion has been, or is being, exercised by members of the trade union to compel non-members to become members thereof.

(2) —

(a) any request by an employee to have the subscriptions and life, accident and medical insurance premiums due to the trade union deducted from his wages may be cancelled only on the giving of 1 month’s notice in writing;

(b) should an employee give due notice of cancellation but remain in the employer’s service, the employer shall note the cancellation on his next return of contributions and premiums to the trade union;

(c) where an employee who has requested that subscriptions and premiums due to the trade union be deducted from his wages and has not cancelled such request and terminates his employment, for any reason, the employer shall ensure that the subscriptions and premia are deducted from his final pay.

(3) No other stoppages or deductions shall be made by an employer from the wages of an employee, save in respect of—

,

(a) the subscriptions and accounts due to any mine club; and

(b) subject to the provisions of clauses twenty-three and twenty-four, the rents of, and charges for electric light, power, water and services supplied to premises rented by an employer to any employee; and

(c) accounts of boarding-houses and lodging-houses approved by the employer; and

(d) subscriptions to any medical or sick-benefit fund recognized by the employer; and

(e) deductions referred to in clause twenty-seven; and

(f) subject to the approval of the council, such sums as may be mutually agreed upon, in writing, between the employer and the employee; and

(g) contributions in terms of the Industrial Agreement: Mining Industry (Pension Fund) in force from time to time, or to any pension or provident fund established by the employer and approved by the council; and

(h) deductions in respect of the supply, on a repayment basis, of boots and eating utensils, and in respect of the loss of, or damage to, protective and other clothing and equipment, as set out in Schedule G, issued to employees by the employer free of charge; and

(i) such other sums as the employer may by law be obliged to deduct.

Rentals

23 An employer who supplies an employee with accommodation in a building of permanent construction on mine property shall be entitled to charge a rental or maintenance charge therefor in accordance with the provisions as set out in Schedule H and to deduct such charge from the earnings of the employee,

Services and fuel

24 Where an employee is resident in accommodation provided by the employer and is supplied by the employer with water, electricity, fuel or refuse removal services, the employer shall be entitled to levy charges for such services in accordance with the provision as set out in Schedule H, and to deduct such charges from the earnings of the employee.

Termination of employment

25 (1) Except in the case of summary dismissal, notice of termination of employment of 26 working days shall be given and confirmed , in writing , by the employer or employee, as the case may be.

[amended by SI 109/93 with effect from the 26th February,1993]]

(2) An employee who is in occupation of premises belonging to his employer shall—

(a) if he occupies married quarters and his employment is terminated, he shall be allowed a reasonable period of not less than 21 days from the date of termination of employment to vacate such premises; or

(b) if he occupies married or single quarters and resigns his employment, be allowed not less than 24 hours from the termination of his employment to vacate such premises;

Provided that, in the case of approved summary dismissal, the employer shall have the right to require the employee to quit mine property immediately and, if the employee has been occupying married quarters, to remove his family and possessions from such premises within a period of not less than 7 days.

(3) Except in the case of approved summary dismissal, no employee shall be discharged whilst absent, either on leave or due to sickness of not more than 6 months’ duration, or within 7 days after his return to duty therefrom :

Provided that—

(i) where sickness is unnecessarily prolonged by the employee’s negligence or by his failure to accept reasonable medical attention, the employee may be discharged after a period of 2 months. In such case, and before taking action to dismiss the employee, the employer shall notify the trade union of his intention;

(ii) an employee may not claim the protection given by this subclause more than once in any period of 30 days.

(4) An employee who uses his own tools shall, during the period of notice, be given time to put his tools in working order during his ordinary working hours.

Storage and insurance of tools

26 Each employer shall provide suitable facilities for the safe keeping of employees’ tools. Upon receipt from the employee of a list of his tools and the value thereof, the employer shall, at his expense, insure the tools against risk of loss by fire or breaking and entering, or indemnify the employee against those risks.

Expenses of Council

27 (1) For the purpose of meeting the expenses of the council, each employer shall deduct the appropriate sum specified in subclause (2) of clause 13 of the Council’s Constitution from the earnings of each of his employees each working month :

Provided that, in the case of an employee who has been in employment for less than 2 weeks, no deduction shall be made.

(2) A like amount shall be paid by each employer, and all such amounts shall be paid by the employer to the council not later than the 15th day of each calendar month in respect of the preceding working month’s dues, and shall be supported by a statement in the form prescribed by the council.

Employees’ representative’s

28 An employer shall give to an employee who is a representative of the trade union on the council, or any committee appointed by the council, paid leave to attend to his duties in connexion with the work of such body :

Provided that Council shall reimburse employers for this paid leave.

Office-bearers and officials of the trade union

29 (1) Employers shall grant unpaid leave of absence to office-bearers and officials of the trade union for the purpose of attending to the business of the union:

Provided that not less than 2 days’ notice of such intended absence be given to the employer, and that work will not be seriously impaired by reason of such absence.

(2) Shifts falling within periods of unpaid leave which are granted in terms of this clause to allow an employee to attend meetings of the Pneumoconiosis Board, the Blasting Licence Examining Board, the National Manpower Advisory Council or any of its industrial committees as the trade union’s official representative, or to attend the trade union’s congress as an official delegate, or to attend not more than 4 meetings per annum of the trade union’s national executive, shall count as qualifying shifts for the purposes of clause eighteen.

Protective clothing

30 (1) The employer shall provide—

(a) suitable gas-masks or respirators for the use of employees who have to work in a place where excessive fumes or dust are present;

(b) fresh drinking-water, free from contamination, for employees at convenient places;

(c) oilskins or raincoats for the use of employees who have to work in wet places, or who are exposed to the elements while carrying out normal duties;

(d) necessary protective clothing, including overalls or dustcoats, for all employees whilst engaged on work which, involves bodily contact with accumulations of oil, grease, tar, corrosive chemicals or carbon, other than coal;

(e) such protective clothing as is necessary for employees engaged in work which exposes them to hot or burning particles, or to corrosive substances—

(i) in the case of blacksmiths, boilermakers, plater/welders and welders, the protective clothing to be issued shall include overalls, leather gauntlets, gloves, leather aprons, leather anklets and goggles;

(ii) in the case of other employees exposed from time to time to hot or burning particles or corrosive substances, the employer, shall make available such articles of protective clothing as are required by the circumstances of the particular operation;

(f) a hard hat, cap-lamp, and belt and boots to every underground employee, and such safety, equipment as is required by regulations, published in terms of the Mines and Minerals Act [Chapter 21:05], as amended from time to time;

(g) uniforms for all waiters and chefs;

(h) suitable uniforms and footwear for hospital and clinic staff and security guards;

and shall replace these items in cases where it is shown that damage has genuinely occurred in the course of their employment :

Provided that—

(i) where the employer provides protective clothing in terms of this clause, the employee shall continually wear such protective clothing only while engaged in the type of work specified in this clause;

(ii) any such protective clothing issued in terms of this clause shall remain the property of the employer, and the employee shall refund to the employer the cost of replacing or repairing any such articles lost by the employee or damaged through the gross negligence or wilfulness of the employee, less a reasonable deduction for fair wear and tear.

(2)

[subclause (2) deleted by SI 109/93 with effect from the 26th February,1993.]

Code of conduct and grievance procedure

31 The code of conduct and grievance procedure set out in Schedule J shall be observed by all employers and employees:

Provided that an alternative code of conduct and grievance procedure that has been submitted by an employer and registered by the Ministry of Public Service, Labour and Social Welfare, in terms of the Labour (National Employment Code of Conduct) Regulations 2006 SI 15/2006 shall take precedence over any other code of conduct.

[clause 31 was repealed and substituted by SI 109/93 with effect from the 26th February,1993.]

Working clothing

[clause 32 inserted by SI 109/93 with effect from the 26th February, 1993.]

32 (1) Underground and mill workers for whom protective clothing has not been supplied, shall be entitled to receive from their employer 2 free issues per annum of overalls, or other suitable working ,clothing for use whilst at work:

Provided that where work clothing is supplied the employee shall wear such working clothing whilst at work or on the business of the employer.

(2) Working clothing issued in terms of this clause shall remain the property of the employer, and the employee shall refund to the employer the cost of replacing or repairing any such articles of working clothing lost by the employee or damaged through negligence or wilfulness of the employee, less a reasonable deduction for fair wear and tear.

(3) Upon termination of employment, for whatever reason, the employee shall return any working clothing issued to him, to the employer, in a clean and serviceable condition, fair wear and tear accepted. Failing such return, the employer shall be liable to deduct from the employee’s final payment, the cost of replacing the working clothing, less a reasonable deduction for fair wear and tear.

Transfers

[clause 33 inserted by SI 109/93 with effect from the 26th February, 1993.]]

33 (1)—

(a) a permanent transfer shall be deemed to be a transfer for a period that is in excess of 3 months;

(b) a temporary transfer shall be deemed to be a transfer for a period of not more than 3 months:

Provided that where a transfer is necessitated because of a specific project undertaken by the employer for a period not exceeding 6 months, the transfer shall be deemed to be temporary.

(2) In the case of a permanent transfer —

(a) the employer shall be required to give 1 month’s notice to the employee of his intention, to transfer:

Provided that in the case of an emergency any employee may be transferred without notice;

(b) transport shall be provided by the employer to convey the employee, his registered dependants and their personal and household effects to the new location:

Provided that if transport is not provided, the employer shall re-imburse the employee for his transport expenses as agreed and arranged by the employer;

(c) the employer shall meet the cost or make provision to ensure that any damage or loss to the employee’s personal and household effects in the course of his transfer is made good;

(d) in the event of an employee being permanently transferred at the request of the employer, the employer shall meet the costs of the following—

(i) transport as, provided for in clause thirty-three (2)(b);

(ii) any interim accommodation that may be required by the employee while in transit;

(iii) storage of household effects;

(iv) damage to personal and household effects, as provided for in clause thirty-three(2)(c)

(3) In the case of a temporary transfer—

(a) the employer shall be required to give 7 days’ notice to the employee of his intention to transfer:

Provided that in the case of an emergency an employee may be transferred without notice;

(b) transport shall be provided by the employer to convey the employee and his personal effects to the new location:

Provided that if transport is not provided, the employer shall re-imburse the employee for his transport expenses as agreed and arranged by the employer;

(c) the employer shall make appropriate accommodation arrangements for the employee at the new location;

(d) in the event of an employee being temporarily transferred at the request of the employer, the employer shall meet the costs of the following—

(i) transport as provided for in clause thirty-three (3) (b);

(ii) suitable accommodation that may be required by the employee while in transit.

Contract workers

[clause 34 inserted by SI 109/93 with effect from the 26th February,1993.]

34 (1) Any contract of employment in respect of a contract worker engaged for—

(a) a time period, shall specify the starting and terminating dates of that period;

(b) a project or task, shall establish a clear understanding of both parties as to the beginning and end of the task or project or those points during the build up or winding down thereof, at which the contract of employment starts and terminates;

and no further period of notice shall be required:

Provided that the employer and employee may mutually agree, in writing, to the termination of the contract.

(2) A contract worker shall not be entitled to take leave, but shall be paid the cash equivalent of any leave accrued in terms of this agreement in lieu thereof at the terminating date:

Provided that where a contract worker is employed for a period in excess of 1 year annual leave may be taken in accordance with the terms of this agreement.

(3) Remuneration of a contract worker shall be as follows–

(a) in the case of a worker engaged on a fixed time contract he shall be paid at least the minimum rate laid down in the NEC Agreement for his job, together with all appropriate allowances, in accordance with the terms of this agreement;

(b) in the case of a worker engaged on a project or task the remuneration shall be negotiated and agreed upon by the parties.

(4) At the discretion of the employer a contract worker who is employed for a continuous period of more than 3 months, shall participate in the Mining Industry Pension Fund in accordance with the rules of that Fund or be paid a gratuity of 5% of the employee’s total basic earnings during the duration of the contract in lieu of the employer’s contribution to the M.I.P.F.

Note:—For the purpose of this clause the term “continuous period ” shall have the same meaning as “continuous service” as defined in clause 1 of the agreement.

DECLARATION

The Employers’ organisation and The Trade Union having arrived at the agreement set forth herein, the undersigned officers hereby declare that the foregoing is the agreement arrived at, and affix their signatures hereto.

Dated at Harare this 25th day of January,1990

1. SPENCER-COOK,

Chairman.

1. S. MUTANDARE, Vice-Chairman.
2. C. L. PARVIN, Vice-Chairman.
3. L. MHISHI,
   General Secretary,
   National Employment Council for the Mining Industry.

SCHEDULE A
CATEGORIES, CLASSES AND SUBCATEGORIES OF EMPLOYEES
(CLAUSE 10): SKILLED WORKER (DESIGNATED TRADES) OCCUPATIONS

Skilled Worker Class I

Employees who have been certificated or registered as journeymen or skilled workers Class 1 by the Ministry of Labour, Manpower Planning and Social Welfare or who hold a journeyman registration certificate issued by an Industrial Council before 1st March, 1982, in the trade concerned. Such certified or registered employees will equate to grade 11 or 12 of Schedule B.

Skilled Worker Class 2

Employees who have been certificated or registered as skilled workers Class 2 by the Ministry of Labour, Manpower Planning and Social Welfare. Grade 9 employees in Schedule B will be regarded as equivalent to Class 2 skilled workers in the appropriate trade.

Such employees will work unsupervised to the same standard and using the same degree of skill as a journeyman, but only on specific tasks for which they have been trained to carry out

Jobs shall include routine diagnostic, dismantling, repair, replacement and assembly work involving setting, measuring, aligning, adjusting and gauging operations.

Incumbents shall have been trained to use sophisticated hand and machine tools appropriate to their trade and task assignments.

Skilled Worker Class 3

Employees who have been certificated or registered as skilled workers Class 3 by the Ministry of Labour, Manpower Planning and Social` Welfare. Grade 6 employees in Schedule B will be regarded as equivalent to Class 3 skilled workers in the appropriate trade until such time as they have been registered by the Ministry of Labour, Manpower Planning and Social Welfare as skilled workers, in a class appropriate to their levels.

Such employees will work unsupervised on specific tasks for which training has been- given and possess the appropriate basic skills.

Jobs shall include routine dismantling, measurement, repair, replacement and assembly work.

Incumbents shall be able to use basic hand and machine tools which do not involve enumerative and/or interpretive decisions other than safe operations and which are appropriate to their trade.

Skilled Worker Class 4

Employees who have been certificated or registered as skilled workers Class 4 by the Ministry of Labour, Manpower Planning and Social Welfare. Grade 4 employees in Schedule B will be regarded as equivalent to Class 4 skilled workers in the appropriate trade until such time as they have been registered by the Ministry of Labour, Manpower Planning and Social Welfare as skilled workers in a class appropriate to their skills levels.

Such employees will work either—

(a) as an assistant to a higher grade employee on tasks for which training has been given; or

(b) unsupervised on specific tasks for which training has been given.

Such employees shall have, or be in the process of learning, the appropriate basic skills.

Jobs shall include when working unsupervised, the routine dismantling, repair and replacement of basic components and lubrication.

SCHEDULE B
CATEGORIES, CLASSSES AND SUBCATEGORIES OF EMPLOYEES
(CLAUSE 10)

For the purposes of this Schedule, the following definitions shall apply: —

Note.—Any reference made in this Schedule to the “Grade” of an employee shall be defined as having the same meaning as the subcategory in whatever category that occupation occurs. Grading in the context of this agreement is based on the Paterson principle of job evaluation:

“beerhall” means an establishment required to hold a Beerhall Liquor Licence in terms of the Liquor Act [Chapter 14:12];

“beerhall controller Grade 9” means an employee responsible for 1 or more bars on a mine with over 1 000 employees;

“beerhall controller Grade 8” means an employee responsible for 1 or more bars on a mine with between 500 and 1 000 employees;

“beerhall supervisor” means an employee responsible for 1 or more bars on a mine with less than 500 employees;

“chief sampler” means an employee who is in charge of at least 3 samplers (Grade 7) and who is directly responsible to management for the accuracy of all sampling operations and ore reserve calculations;

“chief timekeeper” means an employee who supervises and coordinates the work of 2 or more timekeepers:

“clerk (Grade 6)” means an employee, other than a senior clerk, whose duties include 1 or more of the following functions—

calculating and making up wages, production, quantities received and stores issued or consumed; collating figures and making up periodical returns from records kept by clerks (Grade 5) or clerks (Grade 2) verifying the receipt and/or dispatch of mine stores, equipment and similar articles, ensuring the entry of their details in ledgers and allocating them to their proper places; collating timekeeping records prepared by clerks (Grade 5) or clerks (Grade 2); checking for, and reporting on, anomalies;

“clerk (Grade 5)” means an employee, other than a senior clerk. whose duties may include the operation of a telephone appliance and shall include 1 or more of the following functions—

keeping simple records such as stores, absence, timekeeping, leave, labour-control, health, matters incidental to personnel administration, efficiency, production and similar records weighing and measuring products and materials; maintaining registers and/or ledgers and/or tally-sheets; filing in numerical, alphabetical or chronological order; keeping the incoming and outgoing letter register; physically issuing stores ;

“clerk (Grade 2)” means an employee who carries out, under supervision, routine clerical work not elsewhere specified;

“club” means an establishment operating under a Club Liquor Licence or Occasional Liquor Licence in terms of the Liquor Act [Chapter 14:12];

“designated trades” means those skilled worker occupations which relate to the mining industry as follows—

blacksmithing;

boilermaking, plater/welding and welding;

electrician or electrical fitting;

fitting and turning (including machining) or fitting (including machining) or turning (including machining);

motor mechanics (to include diesel and tractor mechanics and auto electrician’s work);

diesel plant fitting;

plumbing/drain laying or sheet-metal working;

rigging;

instrument mechanic’s work;

refrigeration mechanic’s work;

bricklaying or plastering or masonry;

carpentry or carpentry/joinery;

painting and decorating or glazing;

millwrights work;

miscellaneous trades;

“miscellaneous trade” means any designated trade other than those covered by the trades categorized above;

“draughtsperson” means an employee with an Advanced Technical Certificate, a Higher National Certificate or an equivalent qualification in draughting, who has completed a pupilage and who is familiar with general planning and detailed design of materials, handling plant, shaft installation and general equipment applicable to mining or heavy industry;

“fibre-testing laboratory assistant (Grade 6)” means an employee who has had at least 2 years’ experience as a fibre-testing laboratory assistant and who is capable of performing all the standard test methods and applying amendments, and who is involved in the training of fibre-testing laboratory assistants (Grade 5) and (Grade 4);

“fibre-testing laboratory assistant (Grade 5)” means an employee who has had at least 1 year’s experience in a fibre-testing laboratory, and who is capable of performing all the standard test methods;

“fibre-testing laboratory assistant (Grade 4)” means an employee who is receiving on-the-job training, and who has less than 1 year’s experience in a fibretesting laboratory, and who is capable of performing some of the standard test methods;

“general engineering draughtsperson (unqualified)” means an employee who does not hold the qualifications required of a draughtsperson but who has had experience in mechanical and/or structural and/or building engineering drawing;

“head or principal State Certified Nurse” means the State Certified Nurse appointed by the employer to be in charge of other State Certified Nurses;

“junior supervisor” means an employee who is appointed to exercise general supervision over Grades 1, 2 and 3 employees in the fire-station, geology department, school, labour controller’s office. rescue station, sampling office, mine store, survey office, general office, including printing and duplicating and messengers, estates department, assay office, kitchens, beerhalls, transport office, high-density villages, safety and study departments and wherever supervision is required but no specific subcategory is provided for;

“laboratory technician (Grade 11)” means an employee who has had at least 4 years experience in an analytical laboratory or who has completed a 2 year learnership as a laboratory technician plus at least 2 years further experience in an analytical laboratory, and is in possession of the City and Guilds Chemical Technician’s Certificate, Part II or its equivalent;

“laboratory technician (Grade 9)” means an employee who has had it least 3 years’ experience in an analytical laboratory, or who has completed a 2 year learnership as a laboratory technician plus at least 1 years further experience in an analytical laboratory and is in possession the City and Guilds Chemical Technician’s Certificate, Part 1, the Metallurgical Assayer’s Intermediate Diploma, or the Zimbabwe National Technician’s Certificate in Science Technology;

“laboratory assistant (Grade “7)” means an employee who has had at least 3 years’ experience in an analytical laboratory and is engaged in work of a varied nature;

“laboratory assistant (Grade 6)” means an employee who has had at least 1 year’s experience in an analytical laboratory and is engaged in work of a varied nature;

“laboratory assistant (Grade 4)” means an employee who is employed in that capacity in an analytical laboratory and is engaged in work of a routine repetitive nature;

“mobile equipment” means—

“heavy mobile equipment” means bulldozers over 75 kilowatts, mechanical excavators with bucket capacities of more than 0,76 cubic metres, scrapers with capacities of more than 7,65 cubic metres;

“light mobile equipment” means bulldozers of less than 37,5 kilowatts and shovel-loaders with bucket capacities of less than 0,28 cubic metres, other than those used underground, and forklifts;

“medium mobile equipment” means bulldozers of 37,5 to 75 kilowatts, mechanical excavators with bucket capacities of less than 0,76 cubic metres, shovel-loaders with bucket capacities of more than 0,3 cubic metres, excavators and wheel loaders (all sizes) scrapers with capacities of less than 7,65 cubic metres;

“paymaster” means an employee who is responsible for the overall supervision of the receipt and payment of cash in respect of remuneration and vouchers, controls petty cash and cash payments, receives and deposits cash and cheques, supervises pay clerks and reconciles all payments and receipts with the accountant or mine secretary;

“plant operating” means the operation of pumping-plants, compressor-plants, flotation-plants, leaching-plants, cyanide-plants, aspiration-plants, crushing-plants, concentration-plants and other ore-treatment plants, and plants in power-stations, refineries and smelters;

“record keeping” means—

(a) Basic: Form filled in by recording location/machine No./ type and/or reading gauges, and/or observing and indicating from given responses measuring to nearest cm (Grade 4);

(b) Routine: Combination of Basic Records with written observations and/or deductions (conclusions) called to nearest mm (Grade 6);

(c)Advanced: Routine records with recommendations and/or instructions for following shifts (Grade 9);

“rigger” includes rigger/ropemen;

“sampler (Grade 7)” means an employee who qualifies as a sampler (Grade 4) but who, in addition carries out all necessary sampling calculations, including those of individual ore reserve blocks;

“sampler (Grade 4)” means an employee who carries out sampling operations including the transfer of his own and other sampling records from field books to main sampling ledgers;

“secretarial assistant” means an employee who, acting on the instructions of the manager, mine secretary or assistant mine secretary, may be required to carry out a variety of non-routine clerical duties, including the supervision and co-ordination of the work of senior clerks employed on a mine;

“senior clerk” means—

(a) an employee who, in addition to any other clerical duties which he may be required to perform, is required to supervise and co-ordinate the work of 2 or more clerks(Grade 6); or

(b) an employee who, while not supervising the work of clerks (Grade 6), has been appointed as a senior clerk by his employer;

“skilled worker” means a person who has been certificated or registered by the Ministry of Labour, Manpower Planning and Social Welfare as a journeyman or skilled worker Class I, II, III or IV, or holds a journeyman registration certificate issued by an Industrial Council before 1st February, 1982 and recognized by that Ministry, or who possesses a qualification recognized by that Ministry as the equivalent of that of a skilled worker and has in consequence been exempted from certification or registration and may perform work in the skilled worker category in terms of this Agreement;

‘timekeeper” means an employee who controls the recording of employees’ hours and shifts worked, bonuses, overtime allowances and of deductions to be made, ensures preparation of remuneration schedules, ensures that conditions of service as prescribed by industrial and/or company agreements are complied with, controls labour returns and leave and termination payments, prepares income tax returns and supervises assistants and/or time clerks;

“typist” means an employee engaged wholly or substantially in operating a type-writing machine, but does not include a dictating machine typist or a shorthand typist;

“typist, dictating-machine” means an employee who is required from time to time to transcribe, on a typewriter, material recorded on a dictating-machine;

“typist, shorthand” means an employee who is required from time to time to record dictation in a system of shorthand, whether manually or mechanically recorded, and to transcribe such shorthand on a typewriter:

Provided that the minimum speeds obtained shall be—

Shorthand—80 words per minute;

Typing—50 words per minute.

Note.—As clerical employees are employed in a variety of functions, the above may be more closely identified by reference to the mine department in which they carry out their duties. The department(s) in which they have worked shall be shown on their records of service.

CATEGORY 1—ADMINISTRATION AND CLERICAL

Subcategory 1-1:

Office cleaner.

Gardener.

General labourer.

Subcategory 1-2:

Clerk.

Messenger.

Duplicating machine operator.

Waiter.

Subcategory 1-3:

Security guard (unqualified).

Telephone operator.

Subcategory 1-4:

Chef.

Clerk/Typist.

Junior supervisor.

Mobile equipment operator (as described in category 5-4).

Security guard (qualified).

Senior telephone operator.

Subcategory 1-5:

Accounting machine operator.

Clerk.

Security corporal.

Storeman.

Typist.

Subcategory 1-6:

Accounts assistant.

Clerk.

Subcategory 1-7:

Data controller.

Typist dictating machine.

Security sergeant.

Senior clerk.

Subcategory 1-8

Assistant security officer.

Typist, shorthand.

Subcategory 1-9:

Bookkeeper.

Paymaster.

Secretarial assistant.

Storekeeper.

Timekeeper.

Subcategory 1-11:

Administrative assistant.

Assistant accountant.

Assistant chief storekeeper.

Assistant mine Secretary.

Budget controller.

Buyer.

Chief timekeeper.

Computer programmer.

Junior programmer/analyst.

Subcategory 1-12:

Computer programmer/analyst.

CATEGORY 2—PERSONNEL

[amended by SI 191/91 with effect from the 26th July,1991]

Subcategory 2-1:

General labourer.

Subcategory 2-2:

employees working as waiters or township cooks.

Messenger.

Clerk.

Subcategory 2-3:

Meter reader.

Security guard (Unqualified).

Welfare worker.

Subcategory 2-4:

employees working as chefs or head waiters.

Clerk/Typist.

Beerhall barman.

Junior supervisor.

Security guard (qualified).

Sports officer or coach.

Vehicle driver (as described in category 3).

Welfare supervisor or instructor.

Subcategory 2-5:

Assistant welfare officer.

Clerk.

Club barman.

Security corporal.

Typist.

Vehicle driver (as described in category 3).

Subcategory 2-6:

Assistant beerhall supervisor.

Clerk.

Vehicle driver (as described in category 3).

Subcategory 2-7:

Beerhall supervisor.

First aid trainer.

Security sergeant.

Senior clerk.

Township supervisor.

Township club supervisor.

Typist — dictating machine.

Welfare officer.

Subcategory 2-8:

Beerhall controller (Grade 8).

Labour controller.

Personnel assistant.

Training assistant.

Typist—shorthand.

Subcategory 2-9:

Assistant personnel officer.

Assistant training officer.

Beerhall controller Grade 9).

Club controller.

Secretarial’ assistant.

CATEGORY 3—ENGINEERING

Subcategory 3-1:

General labourer.

Subcategory 3-2:

Clerk.

Messenger.

Subcategory 3-3:

Plant operator (as described in category 5).

Subcategory 3-4:

(a) Other occupations:
clerk/typist;

junior supervisor;

vehicle driver—employees who possess Class 4, 5 or 6 licences and

who are engaged in driving light vehicles, heavy vehicles not

covered by Class 1 or 2 licences or tractors:

Notes:

(1) where classes of drivers’ licences or classes of vehicles are referred to above, they shall have the same meaning as is assigned to them in the Road Traffic Act, [ Chapter 13:11];

(2) in cases where vehicles are driven on private roads, for which no State driver’s licence is necessary, the drivers of such vehicles shall be assigned to the appropriate subcategory, on the assumption that State licences are required;

locomotive driver (as described in category 4);

mobile equipment operator (as described in category 4);

plant operator (as described in category 5);

(b) Designated trades: (Skilled Worker Class 4):

Subcategory 3-4:

blacksmithing;

boilermaking, plater welding and welding;

electrician and electrical fitting;

fitting and turning (including machining). or fitting (including turning), or turning (including machining);

motor mechanic’s work (to include diesel and tractor mechanics and auto-electricians, work);

diesel plant fitting;

plumbing and sheet metal working;

rigging.

Employees who are employed as assistants to artisans, skilled worker class 1, 2 or 3, or to subcategory 3-6 or 3-5 employees in the appropriate trade and who, whilst rendering such assistance, are themselves required or authorized to perform such work as is prescribed for the relevant subcategory 3-5 employees:

Provided that the subcategory 3-4 employee shall at all times work under the direct supervision of the skilled worker Class 1, 2 or 3 who has been certificated in an engineering trade or the subcategory 3-6 or 3-5 employee when performing the work prescribed for the subcategory 3-5 employee.

With the exception of a subcategory 3-4 electrician who is not under direct supervision and who takes charge of the issue, receipt, charging and routine maintenance of cap lamps.

Subcategory 3-4:

instrument mechanic’s, work;

refrigeration mechanic’s work.

Employees who are employed as assistants to artisans or skilled workers Class 1 in these trades and who, whilst rendering such assistance, may themselves not perform skilled work normally performed by a subcategory 3-12 employee or skilled worker Class -1:

Provided that a subcategory 3-4 employee in these trades shall at all times work under the direct supervision of the artisan or skilled worker Class 1 that he is assisting.

Subcategory 3-4;

bricklaying or plastering or masonry;

carpentry and joinery;

painting and decorating or glazing.

Employees who are employed as assistants to artisans, skilled worker Class 1, 2 or 3 or to subcategory 3-7 or 3-6 employees in the appropriate trade and who, whilst rendering such assistance are required to perform such work as is prescribed for subcategory 3-7 or 3-6 employees.

Provided that the subcategory 3-4 employee shall at all times work under the direct supervision of the skilled worker Class 1, 2 or 3 who has been certificated in the respective trade of the subcategory 3-7 or 3-6 employee when performing the work prescribed for the subcategory 3-7 or 3-6 employee.

Subcategory 3-4:

miscellaneous trades.

Employees who are employed as assistants to artisans or skilled worker Class 1 in any trade not covered by the specified subcategories and who, whilst rendering such assistance may themselves not perform skilled work normally performed by artisans or a skilled worker Class 1:

Provided that a subcategory 3-4 miscellaneous employee shall at all times work under the direct supervision of the artisan or skilled worker Class 1 that he is assisting.

Subcategory 3-5:

(a) Other occupations:

chauffeur;

clerk;

hoist driver—employees who drive double drum hoists of 375 kilowatts and less and single drum hoists;

typist;

vehicle driver—employees who possess Class 1 licences, and who are engaged in driving heavy personnel-carrying vehicles within the immediate environs of the mine;

Employees who possess Class 2 licences, and who are engaged in driving heavy goods-carrying vehicles other than articulated vehicles;

mobile equipment operator (as described in category 4);

plant operator (as described in category 5);

locomotive driver (as described in category 4);

(b) Designated trades:

Subcategory 3-5:

blacksmithing;

boilermaking, plating/welding, welding;

electrician and electrical fitting;

fitting and turning (including machining) or fitting (Including machining) or turning (including machining);

motor mechanics work (to include diesel and tractor mechanics and auto electrician’s work);

diesel plant fitting;

plumbing and sheet metal working.

Employees who perform the following work previously set out by an artisan or skilled worker Class 1 or 2 in these respective trades:

Provided that any other skilled worker Class 1 or 2 who has been certificated in an engineering trade may also set out work for subcategory 3-5, blacksmith and 3-5 plumber.

Subcategory 3-5:

blacksmithing.

Making the following small forgings by hand: —

pipeclamps for piping up to 155 millimetres in diameter; pipe-brackets, dog- spikes, raise-hooks, eye-and palm bolts; making chain and wire rope ladders and ventilation door-hinges; hand-riveting to a maximum size of 30 millimetres; repairing of wheelbarrows and cocopans of U and V types, excluding work normally performed by a journeyman; sharpening picks, chisels, moils, pinch-bars and dog-spikes,, cold bending steel pipes and rails; cold straightening of bolts; rethreading with stocks and dies; using sledges; non-welding repetitive work involved in the making and repairing of points and crossing with rails up to 30 kilograms; provided that all rail-bending be done cold; operating bar-heading-machines; using hand and machine-operated pipe-dies for piping up to 155 millimetres in diameter.

Subcategory 3-5:

boilermaking, plating/welding, welding.

Employees who perform—

(a) the following work previously set out by a boilermaker, plater/welder or welder, skilled worker Class 1 or 2 or by any other skilled worker Class 1 or 2 who has been certificated in an engineering trade—

operating electric butt-welding and spot-welding machines; hardfacing and building up by hand, excavator buckets and teeth, ladles, cocopan and loader wheels and hammer-and impact-mill rotors and beaters; operating automatic continuous welding- machines used for building up locomotive, cocopan and loader wheels, provided that the machine is pre-set by a skilled worker Class 1 or 2 who has been certificated in an engineering trade; tack-welding and down-hand single-run welding when the components have been previously assembled and either positioned in a jig or located so as to obviate the need for a jig by a skilled worker Class I or 2;

(b) the following work which need not have been previously set out by another employee—

destructive cutting of rails and cutting of scrap ferrous metals by hand-held oxyacetylene torch;

(c) operating punching-and shearing-machines on steel plate up to 10 millimetres in thickness; operating portable hand-held power-driven drilling-machines for drilling metal; operating sand-blasting machines; or hand-held grinding-machines for cleaning steel-work; operating power-hacksaws; hand riveting; flattening and straightening material by hand; using stocks and dies up to 32 millimetres; using pipe-dies and pipe-cutters on pipes up to 155 millimetres in diameter:

Provided that the changing of welding-rod sizes and the adjustment of pressure-gauges may in all cases only be undertaken by, a boilermaker, plater/welder or welder skilled worker Class 1 or 2 or by any other skilled worker Class 1 or 2 who possess a certificate issued by a mine manager or mine engineer certifying that he has undergone a course of training in the use of oxyacetylene equipment, which is of a standard approved by the technical subcommittee.

Subcategory 3-5:

Electrician and electrical fitting.

House, office and township single-phase wiring, including installation of conduits and fittings, but excluding final connections to power-mains or fuse-boxes; repairing of trailing-cables; erection of telephone-lines; attending to underground-locomotive battery-charging; replacing house light-switches and fuses:

(i) laying electric power-cable in trenches and cable-ducts, on cable tracks and on catenary wire; and

(ii) making up and installing underground lighting cable; and

(iii) installing underground trolley lines; and

(iv) erection of overhead power-transmission lines, but excluding final connections to power-supply in all cases.

Subcategory 3-5:

Fitting and turning (including machining).

Cutting by hand or by power-hacksaw; hand threading, joining and laying of pipes, including pipe-fittings, up to 155 millimetres in diameter, Provided that pipes in excess of 152 millimetres in diameter may only be laid horizontally on the ground or floor or in trenches; repacking of glands and replacing of foot-valves; drill-steel shanking and sharpening; reconditioning and threading of bolts with stocks and dies or screwing-machines; using hand tools for scaling, drilling, screwing and sawing; operating power-hacksaws and hand-operated power driven drill presses, excluding radial drills; operating hand and pedestal grinding-machines; maintaining and repairing pneumatic rock- drills, bar-machine jacks and pneumatic explosive-chargers, provided that the work is tested under the supervision of a fitter, fitter and turner, turner, boilermaker, plater-welder or welder, skilled worker Class I or 2; removing, stripping, cleaning and preparing overhaul items of equipment which are replaced as units without adjustment by the employee; removal and replacement of pumps, pneumatic and hydraulic cylinders and air-operated driving-motors without adjustment by the employee.

Subcategory 3-5:

Motor mechanics work.

Unbolting, cleaning without stripping and replacement of starter motors, carburettors, radiators, generators, fuel pumps, exhaust pipes, silencers, oil filters, shock absorbers, fuel tanks and semi-elliptical springs; hand grinding of valves; general vehicle lubrication, dismantling, cleaning and reassembly of vehicle-body and chassis parts, excluding mechanisms.

Subcategory 3-5:

Plumbing and sheet metal working.

Installation of new plumbing in buildings, excluding sweating of pipes, brazing and installation of electric geysers; laying of drains or the maintenance plumbing, assembly and repair of pre-fabricated sheet-metal work which does not involve the application of heat other than soldering which have not been previously set out by another employee.

Subcategory 3-6:

(a) Other occupations:

Clerk;

Driving instructor;

Mobile equipment operator (as described In Category 4).

Plant operator (as described in Category 5).

Vehicle driver—employees who possess Class 1 licences, and who are engaged in driving heavy personnel-carrying vehicles on long distance journeys beyond the immediate environs of the mine.

Employees who possess Class 2 licences and who are engaged in driving heavy, articulated, goods-carrying vehicles.

(b) Designated trades (Skilled Worker Class 3)

Subcategory 3-6:

blacksmithing;

boilermaking, plater/welding and welding;

carpentry or carpentry/joinery:

electrician and electrical fitting;

fitting and turning (including machining) or fitting (including machining) or turning (including machining);

motor mechanics work (to include diesel and tractor mechanics and auto-electricians work);

diesel plant fitting;

painting and decorating or glazing,

plumbing and sheet metal working;

rigging;

employees who perform such work as is prescribed for the relevant subcategory 3-6.

Subcategory 3-6:

Blacksmithing.

Making the following small forgings by hand; pipe-clamps for piping up to 155 millimetres in diameter, pipe-brackets, dog-spikes, raise-hooks, eye-and palm-bolts; making chain and wire rope ladders and ventilation door-hinges; hand riveting to a maximum size of 100 millimetres; repairing of wheelbarrows and cocopans of U and V types; sharpening of picks, chisels, moils, pinch-bars and dog- spikes; cold bending of steel pipes and rails; cold straightening of bolts; rethreading with stocks and dies; using sledges; non-welding repetitive work involved in the making and repairing of points and crossings with rails up to 30 kilograms, provided that all rail-bending be done cold; operating bar-heading machines; using hand-and machine-operated pipe dies for piping up to 155 millimetres in diameter.

Subcategory 3-6:

Boilermaking, plating/welding, welding:

(a) operating electric butt-welding and spot-welding machines; hard-facing and building up by hand, excavator buckets and teeth, ladles, cocopan and loader wheels and hammer and impact-mill rotors and beaters; operating present automatic continuous welding-machines used for building up locomotive, cocopan and loader wheels; operating semi-automatic cutting equipment, including profiling-machines and straight-line cutters, tack-welding and down-hand single-run welding; down hand welding of pipes and flanges; repairing of mine-truck bodies by cutting and patching, excluding the fabrication of major components, down-hand welding on surface, for the repair of chutes; fabricating and replacing chute-liners on surface; assembling and maintaining launders on surface; bending; forming and rolling by hand; operating radial drilling-machines; using jigs or fixtures, where only one size of drill is used and where speeds and automatic feeds are preset by a skilled worker Class 1 or 2 who has been certificated in an engineering trade; destructive cutting of rails and cutting of scrap ferrous metals by hand-held oxyacetylene torch;

(b) operating punching and shearing-machines on steel plate up to 10 millimetres in thickness; operating portable hand-held power-driven drilling machines for drilling metal; operating sand blasting machines, or hand-held grinding machines for cleaning steelwork; operating power hack-saws; hand riveting; flattening and straightening material by hand; using stocks and dies up to 32 millimetres; using pipe- dies and pipe-cutters on pipes up to 155 millimetres in diameter.

Subcategory 3-6:

Carpentry and joinery.

Employees who carry out any or all of the following work which has been previously set out by a carpenter or joiner, skilled worker Class 1 or 2 or by any other skilled worker Class 1 or 2 who has been certificated in a building trade, or by a fitter, skilled worker Class 1, mine manager, mine engineer or engineering foreman working to dimensional skethes; making of roof-trusses; tables and desks, glazing; installation in mine houses, offices and township buildings of doors, door-frames, window-frames, shelving, ceilings, cornices, skirtings and floors; erection of roof-trusses and purlins; fixing of galvanized-iron roofing; making of cupboards; making of mine school and township furniture; carpentry work involved in building repairs and renovations; making up and repairing wooden ladders and wooden fencing.

Subcategory 3-6:

Electrician and electrical fitting.

House, office and townships wiring, including installation of conduits and fittings, but excluding final connections to power-mains or fuse-boxes; replacing components, on 220 volt single-phase circuits, excluding final connections to power-mains or fuseboxes where such replacement does not require any adjustments to be made to ensure safety; repairing of trailing-cables; erection of telephone-line; installing, repairing and replacing bell and signalling equipment, excluding connections to hoist-safety-circuits; laying electric power-cable in trenches and cable ducts, on cable racks and on catenary wire: making up and installing underground lighting-cable; installing underground trolley-lines and erecting overhead power-transmission lines, including making of cable ends, but excluding final connections to power-supply in all cases; attending to underground locomotive battery charging; maintaining underground locomotive drum-controllers and brushes without replacement; using testing equipment for voltages up to and including 550 volts but excluding testing in substations and disconnecting or reconnecting to power mains or fuse boxes; repairing and maintaining electric kettles, irons, cookers and other domestic appliances but excluding repairs to geysers, refrigerators and electric motors of all kinds and rewiring of electric cookers.

Subcategory 3-6:

Fitting.

Cutting by hand or by power-hacksaw; hand threading of pipes and pipe fittings up to 155 millimetres in diameter; joining and laying of -pipes and pipe fittings, other than pipes and pipe fittings in shafts, provided that pipes in excess of 155 millimetres in diameter shall only be laid horizontally on the ground or floor or in trenches; repacking of glands and replacing of foot-valves; drill-steel shanking and sharpening; reconditioning and threading of bolts with stocks and dies or screwing-machines; using hand tools for scaling, drilling, screwing and sawing; operating power-hacksaws and hand- operated power driven drill presses; operating radial drilling machines using jigs or fixtures where only one size of drill is used and where automatic feeds are pre-set by a fitter, fitter and turner or turner, skilled worker Class I or 2; operating hand and pedestal grinding machines; remetalling to jigs for shafts up to 155 millimetres in diameter, where no adjustment of machinery or parts is required and with no filing or adjustment to surface; maintaining and repairing pneumatic rock-drills, bar-machine jacks and pneumatic explosive-chargers, provided that the work is tested under the supervision of a fitter; fitter and turner or turner, skilled worker Class 1 or 2; repairing and replacing conveyor-belt idlers, rollers, fasteners and scrapers; replacing and tensioning vee-belts, removing, stripping, cleaning and preparing for overhaul items of equipment which are replaced as units without adjustment by the employee; removal and replacement of pumps, pneumatic and hydraulic cylinders and air-operated driving motors without adjustment by the employee; overhauling air pumps and air motors, single-stage centrifugal and diaphragm pumps, bar-heading machines and pneumatic cylinders, where no alteration of dimensions, alignment or adjustment is required.

Subcategory 3-6:

Motor mechanic’s work.

Unbolting, cleaning without stripping and replacement motors, carburettors, radiators, generators, fuel pumps, exhaust pipes, silencers, oil filters, shock absorbers, fuel tanks and semi-eliptical springs; hand grinding of valves, general vehicle lubrication, dismantling cleaning and reassembly of vehicle body and chassis parts, excluding mechanisms, wheel balancing.

Subcategory 3-6:

Painting.

Subcategory 3-6:

Employees who perform the following painting, decorating or glazing work-

house building and plant-painting; mixing of colours; glazing.

Subcategory 3-6:

Plumbing and sheet metal working.

Installation of new plumbing in buildings, excluding sweating of lead pipes, brazing and installation of electric geysers, laying of drains; laying of pipes up to 102 millimetres in diameter, maintenance plumbing; assembly and repair of prefabricated sheet-metal work which does not involve the application of heat other than soldering or spot-welding; operating preset spot-welding machine.

Subcategory 3-6:

Rigging

Operating power saws, carborumdum disc cutters, pedestal drills and grinders cutting by hand held oxyacetylene torch: operating mechanical splicing presses for the manufacture of slings and crane ropes: selection of correct furruls, thimbles and fittings to make up sling and crane ropes: splicing and socketing 5 tuck thimble splices of 6 strand and non- spin ropes for slings and crane ropes up to and including 20 mm in diameter but not shaft winding ropes: long splicing conveyor and haulage rope up to and including 20 mm in diameter: white metal socketing of loader sling and baulk ropes, but not shaft winding ropes: manufacture of wire rope slings, up to and including 20 mm in diameter: reeving a fibre rope block: serving wire and preparing rope samples for destructive testing: preparation of rope for white metal socketing: measuring and making of rope to make up slings: checking wire ropes for corrosion, broken wires and kinks, but not shaft winding rope: operating chain blocks, pull lifts, tirfor hoists and winches, and replacing worn parts where necessary under the supervision of a fitter, fitter and turner or turner, skilled worker Class 1: moving loads by means of jacks, roller and skids, the use of derricks, sheer legs, gyn poles or jibs, but not in winder shafts: erection of tubular scaffolding 12 feet from the ground, complete with toe-boards and guard rail.

Subcategory 3–7

(a) Other occupations

hoist driver;

Employees who drive double-drum hoists of between 376 kilowatts and 600 kilowatts, and automatic hoists:

Provided that, when an automatic hoist with a horsepower rating of 601 kilowatts or more is being operated manually, the minimum rate applicable to a grade 9 employee shall be payable to the driver.

senior clerk.

(b) Designated trade

Subcategory 3–7:

Bricklaying or plastering or masonry.

Employees who perform any or all of the following work which has been previously set out by a bricklayer, plasterer or mason, skilled worker Class 1 or 2, or by any other skilled worker Class 1 or 2 who has been certificated in a building trade, or by a fitter, skilled worker Class 1, or by a mine manager, mine engineer or engineering foreman, and which does not involve the reading of plans or working drawings—setting out, including levels, working to dimensional sketches—all work involved from foundation to roof-level in mine houses; offices and township buildings, including building in or door-frames and window frames in buildings; the bricklaying necessary in the construction of arches, offset work, fireplaces and the use of brick-force lintels, plastering; pointed stone walling; brick walling; building repairs and renovations.

Subcategory 3-9:

(a) Other occupations

general engineering draughtsperson (unqualified);

transport officer.

(b) Designated trade (skilled worker Class 2)

blacksmithing;

boilermaking, plater/welding and welding;

electrician or electrical fitting;

fitting and turning (including machining) or fitting (including machining) or turning (including machining);

motor mechanics: (to include diesel and tractor mechanics and-auto electrician’s work);

diesel plant fitting;

plumbing/drain laying or sheet-metal working;

rigging;

instrument mechanic’s work;

refrigeration mechanic’s work;

bricklaying or plastering or masonry;

carpentry or carpentry/joinery;

painting and decorating or glazing;

millwrights work;

miscellaneous trades (miscellaneous trade means any designated trade
other than those covered by the trades categorized above).

Subcategory 3-11:

(a) Other occupations

Hoist drivers—employees who drive double-drum hoists of 601 kilowatts or more, but excluding automatic hoists.

Notes:

(1) A double-drum hoist operated, and equipped as a single-drum hoist shall be classed as a single-drum hoist and the word “hoist” shall specifically exclude scraper-winches and endless rope haulage engines.

(2) Kilowatt is defined as the original rated power of the motor or motors directly driving the hoist-drums, whether or not the hoist has been adapted to a specific duty below its originally designed duty.

Locomotive driver— employees who possess a certificate of registration as a locomotive driver and who drive locomotives of gross mass in excess of 18,2 tonnes.

Training officer.

(b) Designated trade (Skilled Worker Class 1)

Subcategory -11:

Miscellaneous.

Note.—

All employees in skilled worker Class 1 occupations for whose interest the trade union is registered and who cannot be appropriately placed in the trades specified shall be placed in a miscellaneous subcategory.

(c) Designated trades (Skilled Worker Class 1)

Subcategory 1-11:

Bricklaying or plastering or masonry;

Carpentry or carpentry/joinery;

Painting and decorating or glazing;

Employees who perform skilled work normally performed by a subcategory 3-,1 employee or skilled worker Class 1 and who possess a certificate of competency in the trades concerned for such work or who hold a certificate of registration issued prior to 1st March, 1982, recognising them as journeymen in the respective trades.

Subcategory 3-12:

(a) Other occupations

draughtsperson;

planning engineer or estimating engineer;

Workshop planning officer.

(b) Designated trades (Skilled Worker Class 1)

Subcategory 3-12:

blacksmithing;

boilermaking, plater/welding and welding electrician or electrical

fitting;

fitting and turning (including machining) or fitting (including machining) or turning (including machining);

motor mechanics (to include diesel and tractor mechanics and auto

electrician’s work);

diesel plant fitting;

plumbing/drain laying or sheet-metal working;

rigging;

instrument mechanic’s work;

refrigeration mechanic’s work;

millwrights work;

miscellaneous trades (miscellaneous trade means any designated trade other than those covered by the trades categorized above).

Employees who perform skilled work normally performed by a skilled worker Class 1 and who possess a certificate of competency, for such work or who hold a certificate of registration issued prior to the 1st March, 1982 recognising them as journeymen in the respective trades categorized above.

Subcategory 3-13:

assistant engineer;

assistant mechanical engineer;

assistant electrical engineer;

assistant mechanical and electrical engineer;

building superintendent;
chief draftsperson foreman.

CATEGORY 4—MINING, QUARRYING & MINING SERVICES

NOTES

1. The appointment of one or more subcategory 4-12 or 4-11 employees shall be mandatory on every mine.
2. The number of subcategory 4-12 or 4-11 employees appointed in terms of note (1) shall be the number necessary to ensure that no subcategory 4-12 or 4-11 employee is required to supervise more subcategory 4-9 or 4-7 employees than he can visit and give instructions to, at the working places under his control, within a period of 4 hours.
3. Subcategories 4-12, 4-11, 4-9 and 4-7 employees who have undergone a course of training by a competent instructor in the use of an oxyacetylene cutting torch, and who possesses a certificate issued by amine manager or resident engineer certifying that he has under gone such training and is proficient in such use, may use such a torch, for all operations connected with the equipping and maintenance of shafts and winzes, the cutting and burning of pipes, rails and bolts and the installation and maintenance of grizzleys, chutes, boxes, arches, frames, loading bays and ore and waste passes:

Provided that this note shall not apply to a subcategory 4-12,4-11, 4-9 or 4-7 employee of a fiery coal mine.

4. Brazing, fabricating and welding shall not be permitted.

5, Subcategory 3-22 blacksmithing, 3-12 boilermaking and 3-12 fitting employees and engineering staff who have undergone a course of training approved by the technical subcommittee in the use of oxyacetylene welding and cutting equipment, and authorized representatives of manufacturers or suppliers of oxyacetylene welding and cutting equipment or supplies shall be regarded as competent instructors in terms of note (3).

6. Any employee who is in possession of a mine blasting licence and is authorized to do so, may, if required to ensure the continuation of the work, make safe.

Subcategory 4-1:

General labourer.

Subcategory 4-2;

Clerk.

Messenger.

Subcategory 4-3:

Core-driller–employees who work as the senior assistant to subcategory 4-6 or 4-5 core-driller when drilling underground.

Long hole charging assistant.

Mining operator—employees who perform the duties of-

coal-cutter operator’s assistant; scraper winch operator;

shotcrete operator;

robot operator,

rock drilling machine operator’s assistant.

Subcategory 4-4:

Clerk/Typist

Junior supervisor

Locomotive drivers who drive locomotives of gross mass of less than 9,1 tonnes and employees who undertake locomotive-firing when working in conjunction with subcategory 4-11

[amended by SI 192/91 with effect from the 26th July,1991
Mining operators who operate underground, under the control and in accordance with the instructions of a subcategory 4–12, 4-11; 4-9, 4–7or 4–5 employee; shovel loaders with a capacity of less than 0,30 cubic metres, and/or;]

Mining, operators who operate rock-drilling machines, under the control, and in accordance with the instructions of a subcategory 4-12. 4-11, 4-9 or 4-7 employee.

Mining operators who carry out charging or blasting operations under the direct supervision of a subcategory 4-12, 4-11, 4-9, or 4-7 employee.

Mining operators who under the control and in accordance with the instructions of a subcategory 4-12, 4-11 or 4-9 employee, take charge of the receipt into and issue and distribution from, underground magazines of explosives and accessories.

Mobile equipment operators who drive light earth or rock excavating moving equipment

Plant operator (as described in Category 5).

Safety assistant.

Sampler.

Scooptram/LHD drivers who drive scooptram/LHD equipment with a rated bucket capacity, of less than 1 cubic metre.

Shaft operators-employees who have had at least 300 shifts of practical shaft operating experience, and who carry out shaft operating duties as bellmen, skipmen, banksmen and onsetters without slinging items of plant, machinery or equipment.

Technical observer.

Vehicle driver (as described in Category 3).

Subcategory 4-5:

Clerk.

Core-drillers who take charge of the setting up and operating of core- drilling machines for non geological purposes.

Gang-leaders and senior operators who have had at least 300 shifts of practical mining experience, and who, under the control and in accordance with the instructions, of a subcategory 4-12, 4-11, 4-9 or 4-7 employee, direct the work of a gang engaged in the following operations and/or—

installation and dismantling of pipes and tracks; concreting of drains; timbering of raises, boxes, platforms and barricades; installation of ventilation-doors; lashing and tramming.

Gang-leaders and senior operators who are in possession of a mine blasting licence, and make safe and who carry out secondary blasting operations under the control, and in accordance with the instructions, of a subcategory 4-12, 4-11, 4-9 or 4-7 employee.

Gang-leaders and senior operators who operate underground, under the control and in accordance with the instructions, of a subcategory, 4-12 or 4-41 employee, coal-loaders, coal-cutters and shuttle-cars.

Geological assistant.

Hoist drivers (as described in Category 3).

Locomotive drivers who drive locomotives of gross mass of 9,1 tonnes up to 18,2 tonnes and employees who are in charge of shunting operations

[amended by SI 193/91 with effect from the 26th July,1991]

Mobile equipment operators who operate medium earth or rock excavating and moving equipment.

Plant operator (as described in Category 5).

Scooptram/LHD drivers who drive scooptram/LHD equipment with a rated bucket capacity of 1,10 cubic metres up to 2,50 cubic metres.

Shaft operators—employees who have had at least 300 shifts of practical shaft-operating experience, who carry out shaft operation duties as bellmen, skipmen, banksmen and onsetters and who under take the slinging of items of plant machinery or equipment.

Provided that a subcategory 4-5 employee shall not undertake the slinging of any item of plant, machinery or equipment which has .a mass of 350 kilogrammes or more unless he is directly supervised by a subcategory 3-12 fitter, 3-12 rigger, 4-112, 4-11 or by a mine manager, mine engineer or engineering foreman.

Vehicle drivers (as described in Category 3).

Subcategory 4-6:

Clerk.

Core-drillers who take charge of the setting up and operation, underground or on the surface, of core-drilling-machines which drill holes of unlimited length underground and up to 250 metres on the surface, and who keep all recovery records.

Mobile equipment operators who operate heavy earth or rock excavating and moving equipment.

Scooptram/LHD drivers who drive scooptram/LHD equipment with a rated bucket capacity of 2,60 cubic metres up to 3.50 cubic metres.

Technical assistant.

Vehicle driver (as described in Category 3).

Subcategory 4-7:

Construction gang leaders who have had at least 300 shifts of practical experience in shaft equipping, winze equipping and construction work, and who control shaft or winze equipping and shaft or winze maintenance work under the direct supervision of a subcategory 4-11 or 4-12 employee:

Provided that a subcategory 4-7 employee engaged on shaft or winze equipping may perform without direct supervision, any of the following work –

(i) in incline shafts or winzes which have an inclination to the horizontal of less than 65 degrees, and in travelling-ways;

installation and maintenance of sills, pedestals, hand-rails, ladders, steps, drains, props and headboards, decking and lagging, grizzleys tracks and rollers, ventilation pipes, air and water columns not exceeding 102 millimetres in diameter;

(ii) in shafts or winzes whose excavated cross-sectional length or breadth or diameter does not exceed 3,66 metres and whose inclination to the horizontal is more than 65°, and in travelling ways.

installation and maintenance of cribbing; isolated sets and lagging for wall support;

dividers for ladderway compartments, ladders, tracks and rope guides; pipe-columns not exceeding 102 millimetres in diameter, and ventilation-piping.

Geological draughtsperson.

Geological technician (unqualified).

Sampler.

Senior clerk,

Senior gang leaders who have had at least 300 shifts of practical mining experience, and who, under the control and in accordance with the instructions, of a subcategory 4-12 or 4-11 employee, take charge of pipes and tracks, box-timbering, props reclamation in isolated areas, salvage of material and track-and drain cleaning.

Senior gang leaders who have had at least 300 shifts of practical mining experience, who possess a mine blasting licence and who, under the control, and in accordance with the instructions of a subcategory 4-12, 4-11 or 4-9 employee, take charge of general mining operations in development, stoping, sinking, long-hole mining and quarrying operations, including making safe and the marking off of holes other than holes in shaft or winze sinking or which require the reading of plans, sketches or working drawings:

Provided that where subcategory 4-7 employees are engaged in making safe, not less than one subcategory 4-12, 4-11 or 4-9 employee shall be on shift at that time. The number of subcategory 4-12, 4-11 or 4-9 employees who must be on shift at the time shall be the number necessary to ensure that no subcategory 4-12, 4-11 or 4-9 employee is required to supervise more subcategory 21-7 employees who are required to make safe, than he can visit and give instruction to in the working places under his control, within a period of 4 hours.

Survey draughtsperson:

Underground scooptram/LHD drivers who drive scooptram/LHD equipment with a rated bucket capacity greater than 3,60 cubic metres.

Subcategory 4-9:

Assistant overseer miners who have had at least 300 shifts of practical mining experience, who are in possession of a mine blasting licence and who, under the control, and in accordance with the instructions of a subcategory 4-12 or 4-11 employee, make safe and mark off holes, other than holes in shaft or winze sinking or which require the reading of plans, sketches or working drawings, who whilst on shift direct and take charge of lashing, tramming, secondary blasting, long hole drilling and all work prescribed for lower subcategories in Category 4 in any section or part of a mine provided that where the reading of plans, sketches or working drawings is necessary in respect of the positioning of holes on previously marked rings without marking off the positioning shall be checked by a subcategory 4-12 or 4-11 employee.

Assistant study/efficiency officer.

Chief sampler.

Surveyor (unqualified).

Ventilation technician.

Subcategory 411:

Computer programmer.

Core-drillers who possess a certificate of registration as a core-driller, and who perform the following, work—

taking complete charge of the operation and maintenance of all types of core-drilling machines operating underground or on surface, including deflection of holes, the installation of casing, the recovery of bits, core-barrels and rods, and all ancillary services when drilling on surface.

Geological technician (qualified).

Junior programmer/analyst.

Locomotive drivers who possess a Certificate of Registration and who drive locomotives of gross mass in excess of 18,2 tonnes , and

[Inserted by S.I. 192 of 1991]

Overseer miners who possess a certificate of registration as an overseer miner, who hold a full blasting licence, who are able to read and understand mine plans and working drawings, and who take charge of, and direct, development, stoping, shaft-sinking, winzing, quarrying, long hole drilling and general mining operations which include all work prescribed for lower subcategories in Category 4 and all work ancillary to development, stoping, shaft-sinking, winzing, quarrying and long hole drilling in any section or part of a mine including the equipping, examination and maintenance of shafts or winzes.

Safety officer.

Study/efficiency officer.

Subcategory 4-12:

Computer programmer/analyst.

Geologist.

Senior overseer miners who possess certificates of registration as a senior overseer miner and who undertake and do shaft or winze timbering duties in addition to those of a subcategory 4-11 overseer miner which include the routine examination and maintenance of all shafts and winzes.

Surveyor (qualified).

Ventilation engineer/officer.

Subcategory 4-13:

Assistant chief surveyor.

Diamond drill foreman.

Shift boss.

CATEGORY 5—PROCESSING & REDUCTION

Subcategory 5-1:

General labourer.

Subcategory 5-2:

Clerk.

Messenger.

Subcategory 5-3

Plant operator-employees who maintain, under supervision by subcategory 5-11, 5-9 or 5-6 employee, standard conditions in a section of a plant; or employees who are in charge, without supervision, of normal running of pumping-plant or compressor-plant with an operating power-rating of not less than 75 kilowatts but not more than 225 kilowatts.

Subcategory 5-4:

Clerk/typist.

Fibre/testing laboratory assistant.

Junior supervisor.

Locomotive driver (as described in Category 4).

Laboratory assistant

Mobile equipment operators who operate light mobile equipment or overhead and self-propelled mobile cranes with a lifting capacity of less than 9,1 tonnes.

Plant operator—employees who are in charge, without supervision of normal running of pumping-plant or compressor-plant with a power-rating of more than 225 kilowatts, but not more than 560 kilowatts.

Technical observer.

Vehicle driver (as described in Category 3).

Subcategory 5-5:

Clerk.

Fibre-testing laboratory assistant.

Mobile equipment operators who operate medium mobile equipment or overhead and self-propelled mobile cranes with lifting capacity of 9,1 tonnes up to 18,2 tonnes.

Plant operator—employees who are in charge, without supervision of normal running of pumping-plant or compressor-plant with a power-rating of more than 560 kilowatts, but not more than 2 megawatts.

Vehicle driver (as described in Category 4).

Subcategory 5-6:

Fibre-testing laboratory assistant.

Clerk.

Laboratory assistant.

Mobile equipment operators who operate overhead and self-propelled mobile cranes with a lifting capacity in excess of 18,2tonnes.

Plant Operator— employees who maintain standard conditions in a section of a plant in accordance with the instructions of a sub-category 5-11 or 5-9 employee who is on shift at the time and, who have 2 or more subcategory 5-3 or labourers under their supervision.

[Substituted by S.I. 192 of 1991]

Plant Operator—employees who maintain standard conditions in a section of a plant in accordance with the instructions of a subcategory 5-11 or 5-9 employee who is on shift at the time and, who have 2 or more subcategory 5-3 labourers under their supervision:.

Plant operator—employees who are in charge, without supervision, of normal running of pumping-plant or compressor-plant with an operating power-rating of more than 2 megawatts but not more than 4 megawatts.

Technical assistant.

Subcategory 5-1:

Assistant assayer (unqualified).

Assistant analytical chemist (unqualified).

Laboratory assistant.

Senior clerk.

Training instructor.

Subcategory 5-9:

Laboratory technician.

Plant operator—employees who keep all necessary records and maintain standard conditions in the whole of a plant, excluding the work which would normally be undertaken by a subcategory 3-12 blacksmith,3-12 boilermaker, 3–12 electrician or 3-12 fitter, in accordance with the instructions of a subcategory 5-11 employee who is on shift at the time, and who have 2 or more subcategory 5-6, 5-5, 5-4, 5-3, 5-2 or 5-1 employees under their supervision:

Provided that—

(i) on a mine which has only one reduction/processing official and no subcategory 5-11 employees the instructions to be given may be given by the reduction/processing official;

(ii) on a mine where—

(a) there is only one reduction/processing official; and

(b) the plant is operated on an alternation of 2 shifts or a cycle of 3 shifts; and

(c) not less than 2 major functions are performed on 1 shift which are not performed on the remaining shift or shifts; and

(d) only 1 subcategory 5-11 employee is employed to take charge of the shift on which the additional functions are performed;

the instructions which have to be given to the subcategory 5-9 employees on the remaining shift or shifts may be given by the reduction/processing official.

Subcategory 5-11:

Assayer (qualified).

Locomotive driver (as described in Category 4).

Laboratory technician.

Metallurgical technician.

Plant operator—employees who possess a certificate of registration as a plant-operator, and who, whilst being responsible to the mine management, are capable of taking complete charge of operations in a plant or a section of a plant, and of the machinery and equipment therein. The duties of such employees include adjustment and lubrication of, and running repairs to, the machinery and plant under their control, excluding work which would normally be undertaken by a subcategory 3-12 blacksmith, 3-12, boilermaker, 3-12 electrician or 3-12 fitter; the starting and stopping of plant, the logging of data the taking of samples and the carving out of routine tests:

Provided that, where the nature of the plant is such as to make the completion of a learnership unnecessary, the technical subcommittee may grant exemption from the learnership requirements in respect of that plant:

Provided that, in a plant where subcategory 5-11 employees were employed on the 1st October, 1975, the retention in employment of those individual subcategory 5-11 employees shall be mandatory until such time as a rearrangement of the plant involving substantial flow-sheet alterations or increased mechanisation or automation of a reduction in the scale of operations or in the value of the product of the plant results, in the opinion of the technical subcommittee, in the redundancy of such employee(s), whereupon such employee(s), before being retrenched, shall be offered alternative employment by the employer if such work is available:

Provided that, the technical subcommittee may require that a subcategory 5-11 employee be appointed in respect of 1 or more shifts in any plant. Before requiring an employer to appoint 1 or more subcategory 5-11 employees in these circumstances, the technical subcommittee shall consider the views of the employer concerned.

Subcategory 5-12:

Analytical chemist (qualified).

Instrument technician.

Metallurgist.

Subcategory 5-13:

Assistant chief analytical chemist.

Assistant chief assayer.

Assistant reduction officer.

Coke oven shift foreman.

Coke works foreman.

Mill concentrator foreman.

Reduction foreman.

Refinery foreman.

Smelter foreman.

CATEGORY 6—HEALTH

For the purposes of this category, subcategories 6-12, 6-11, 6-10 and 6–9 refer to employees who are registered as such with the Medical and Dental Practitioners Council.

Subcategory 6-1:

General labourers.

Subcategory 6-2:

Clerk.

Messenger

Subcategory 6-4:

Chef.

Clerk/typist.

Dark-room assistant.

Junior supervisor.

Vehicle driver (as described in Category 3).

Subcategory 6-5:

Clerk.

Hospital laboratory assistant.

Vehicle driver (as described in Category 3).

X-ray assistant

Subcategory 6-6:

Clerk.

Nursing or medical assistant (unregistered).

Vehicle driver (as described in Category 3).

Subcategory 6-7:

First-aid trainer.

Senior clerk

Subcategory 6-9:

State Certified Nurse.

Subcategory 6-10:

Head or principal State Certified Nurse.

Subcategory 6-11:

State Registered Nurse.

Health officer.

Subcategory 6-12:

Sister-in-charge (State Registered Nurse).

SCHEDULE C
LEARNERSHIPS (Clause 13)
NATIONAL EMPLOYMENT COUNCIL FOR THE MINING
INDUSTRY:
CONTRACT OF LEARNERSHIP

This contract of learnership entered into on the day of

20 by and between

hereinafter called “the employer”, of the one part, and

born on the day of

19 hereinafter called “the learner” (and, if a

minor, assisted herein by his parent or guardian) of the other part hereby witnesseth:

1 That the learner, having been found medically fit, does of his own free will agree—

(a) to bind himself as a learner to the said employer in the occupation of

………………………………………………………………………………………………………..

……………………………………………………………………………………………………………

for a period of……………………………………….from the……………………….

day of………………………………….20……: provided that during the first……..* month(s), which shall constitute a probationary period, the employer shall have the right to cancel the contract of learnership due to unsatisfactory service, and the learner (with the consent of his parent or guardian if he is a minor) shall likewise have the right to cancel the contract during this period should he consider he is unsuited to the occupation;

(b) to serve the employer faithfully, honestly and diligently, and to obey all lawful and reasonable commands and requirements of the employer or of those whom the employer may place in authority over him;

(c) not to disclose or to communicate to any unauthorised person whomsoever any information relating, to the business of the employer;

(d) not to be interested directly or indirectly either as an agent or servant in any business or undertaking other than of the employer and not to absent himself from his duties without the sanction of the employer;

(e) to attend classes in First Aid during the period of his learnership if facilities are made available by the employer.

* insert 25% of the period of the contract.

2 That the Employer does by these presents agree—

(a) to bind himself to receive the said learner for the period stated. and to teach or cause to be taught efficiently the said learner in the operations, and for the periods specified as are herein under mentioned: provided that this contract shall be deemed to be terminated if the learner fails to follow the Schedule of training laid down below—

(b) to retain the discretion in determining the order in which the various phases of training are carried out;

(c) to pay to the learner wages per shift of 8 hours at the following rates, which shall not be less than those laid down in the applicable agreement or determination in force from time to time—

(d) not without the written consent of the National Employment Council for the Mining Industry (hereinafter referred to as ” the Council “) to place the learner in any position of responsibility during the period of employment as a learner or to use him as a substitute for an employee under whom, he is learning, except in cases of emergency and for short periods only. In such cases the employer shall pay to the learner the minimum rate for the appropriate occupation laid down in the applicable agreement or determination in force from time to time;

(e) not to permit the learner to work overtime except in cases of emergency, in which event he shall be paid for such extra work at overtime rates;

(f) to submit a copy of this contract to the General Secretary of the Council (hereinafter referred to as “the General Secretary“), within 1 month, from the date of execution hereof.

(g) to endorse and sign this contract on completion of the period of learnership and to forward the same to the General Secretary for the purpose of obtaining his endorsement hereto after which the said contract shall be and become the property of the learner.

3 It is further agreed between all parties hereto that—

(a) this contract at all times be subject to the conditions contained in the applicable agreement or determination in force from time to time;

(b) this contract may, with the mutual consent of all parties hereto, be assigned to another employer in the industry, provided that the Council shall assent to such assignment, and such assignment shall be effected by endorsement on this contract by the signature of the parties thereto, together with the same endorsement on the copy of this contract with the General Secretary, and upon such assignment taking place all parties thereto shall be bound by the terms of this contract for the unexpired period thereof;

(c) should the employer be unable to carry out the conditions of this contract he shall forthwith inform the General Secretary, and the Council shall then have the right to sanction the assignment of this contract to another employer by the same means and upon the same conditions as are prescribed in subclause (3) (b) hereof, or the employer may, with the written consent of the Council, terminate this contract, in which event the same shall be endorsed to that effect;

(d) if the employer has good grounds for belief that the learner has committed a serious breach of the terms of this contract or that the learner has or is conducting himself in an unseemly manner and contrary to good discipline, he shall immediately report the matter to the General Secretary, who shall notify the Council for decision as to what action shall be taken, which decision shall be final;

(e) if the employer shall commit any serious breach of the terms of this contract the learner may report such breach to the General Secretary, who shall notify the Council for decision as to what action shall be taken, which decision shall be final;

(f) the learner shall be entitled to the leave conditions prescribed
for employees in the subcategory in which he is a learner.

IN WITNESS WHEREOF the contracting parties have hereunder set their hands the day and year aforewritten.

As Witnesses:

2.

Employer

Learner

Parent or Guardian

Registered by the General Secretary on the day of 20 under registration number

General Secretary
National’ Employment Council
for the Mining Industry

TO BE FILLED IN IF LEARNER ASSIGNED TO ANOTHER
EMPLOYER’

With the consent of all parties to this contract the services of the
learner and the responsibilities of the employer are hereby assigned to………………………..

This day of 20

As witnesses:

1. ………………………………………….

Employer

Employer

APPROVED:

General Secretary

TO BE FILLED IN WHEN THE CONTRACT OF LEARNERSHIP
IS ASSIGNED

The Council recommends that the learnership contract be assigned as entered in the form hereunder:

DATE

From: To

Employer

APPROVED:

General Secretary

TO BE FILLED IN ON COMPLETION OF THE LEARNERSHIP
UNDER THIS CONTRACT

AND SENT TO THE GENERAL
SECRETARY OF THE COUNCIL

THIS IS TO CERTIFY THAT the within-named learner has completed his Learnership under this contract and in terms of the Agreement or determination in force from time to time,

this day of 20…

Completion of contract registered by me: ………………………………………………………..

General Secretary

National Employment Council

For the Mining Industry

Date:

Learnership Certificate L/

SCHEDULE D
ANNUAL LEAVE (Clause 18)

1 (1) Subject to subclause (2), annual leave for employees shall be as follows—

(a) Employees in grades 9 to 13—

(i) with less than 5 years of continuous service, 25 working days for each 313 qualifying shifts completed;

(ii) with 5 or more years of continuous service, 28 working days for each 313 qualifying shifts completed;

(b) Employees in grades 4 to 8—

(i) with less than 5 years of continuous service, 23 working days for each 313 qualifying shifts completed;

(ii) with 5 or more years of continuous service, 24 working days for each 313 qualifying shifts completed;

(c) Employees in grades 1 to 3—

(i) with less than 5 years of continuous service 20 working days for each 313 qualifying shifts completed;

(ii) with 5 or more years of continuous service, 21 working days for each 313 qualifying shifts completed:

Provided that leave may not normally be taken until 313 qualifying shifts have been completed.

(2) For the purposes of subclause (1), the term ” qualifying shifts ” shall mean—

(a) normal shifts actually worked and paid for at the employee’s current basic earnings; and

(b) paid holidays as provided for in subclause (9) of Clause eighteen; and

(c) normal shifts falling within periods of paid annual leave; and

(d) shifts for which payment is made in terms of subclause (12) of clause eighteen ; and

(e) shifts granted as unpaid leave in terms of clause twenty-eight or twenty-nine.

Maternity leave

Female employees who are forced to withdraw their services because of pregnancy shall be entitled to paid leave and other benefits as prescribed in section 18 of the Act.

For ease of reference the following guideline to clause 18 of the Act is set out hereunder:

(1) A female employee who furnishes her employer with a certificate stating that the birth of the child is expected within 45 days shall be entitled to not less than a total of 90 days maternity leave with pay.

The rates of pay are as follows—

(a) 75% of her normal rate of pay if she gives up her right to leave accrued in the previous 6 months;

(b) 60% of her normal rate of pay if she is not willing to give up her accrued leave, or where she does not have a leave entitlement. Should the birth be late or the employee cannot return to work for health reasons, the employee may extend the period of absence, but such period shall be unpaid.

(2) Where a female employee fails, for any reason other than death, or dismissal, to return to work for a period at least as long as the period for which she was absent on maternity leave, she shall be liable for the repayment of all wages and benefits she received while on such leave.

(3) A female employee shall only be entitled to such benefits once in any 2 years, and only 3 times with any 1 employer.

(4) A suckling mother shall be granted at least 1 hour, or 2 half hour periods, to nurse her child, which may be combined with normal breaks to give an extended period, provided this does not interfere with her normal production capacity:

Provided that a nursing mother shall normally be entitled to nurse her child for a period of up to 6 months.

SCHEDULE E
REMUNERATION (Clause 19)

[SI 85/2002 substituted by SI 94/2013 gazetted on the 21^st June, 2013;
which was substituted below by SI 144/2014 gazetted on the 26^th September,2014
]

” AGREEMENT FOR THE PERIOD 1 JANUARY 2014 TO 31 DECEMBER 2014

The National Employment Council for the Mining Industry has today, 25th April, 2014, reached an agreement to raise the NEC minimum rates/earnings for the Mining Industry by 5% .

Rates of pay

(a) subject to the provisions of paragraph 1 (b) the basic Minimum earnings payable to employees with effect from 1st January 2014 to 31 December 2014 shall be as per the attached Schedules.

The agreement carries an exemption clause as stipulated in the principal agreement, Statutory Instrument 152 of 1990, clause 6 (Exemptions, Variations and Savings).

NATIONAL EMPLOYMENT COUNCIL FOR THE MINING INDUSTRY

RATES OF PAY FROM 1st JANUARY 2014 TO 31st DECEMBER 2014

1. (b) Service increments

The basic minimum earnings, prescribed in paragraph 1(b) shall be increased as specified hereunder in respect of employees whose total length of service with the same employer amounts to 2 or more years.

Employees whose total length of service with the same employer exceeds

SERVICE INCREMENT RATES FROM

1st JANUARY, 2014 TO 31st
DECEMBER, 2014

The rates of service increments shall be as follows:-

Such increases shall be reflected separately on pay sheets and pay slips and will continue to form part of an employee’s basic earnings:

Provided that employers may at their discretion, and when they are paying in excess of the minimum wage still pay a service increment based on the actual wage.

Declaration

The employers’ organisation and the trade union, having arrived at the agreement set forth herein, the undersigned officers of the council hereby declare that the foregoing is the agreement arrived at, and affix their signatures thereto.

Signed at Harare this day of 28th April, 2014.

1. C. KARE, Chairman,

National Employment Council for the Mining Industry.

1. E. RUZIVE, President,

Associated Mine Workers Union of Zimbabwe.

1. MUGANYI, Vice-President,

Chamber of Mines of Zimbabwe.

1. J. MUBVUMBA, General Secretary,

National Employment Council for the Mining Industry.

” AGREEMENT FOR THE PERIOD 1 JANUARY 2013 TO 31 DECEMBER 2013

The National Employment Council for the Mining Industry have today, 11th April, 2013, reached an agreement to raise the NEC minimum rates/earnings for the Mining Industry by 7% and 14,9%, respectively.

Rates of pay

(a) subject to the provisions of paragraph 1 (b) the basic Minimum earnings payable to employees with effect from 1st January 2013 to 31 December 2013 shall be as per the attached Schedules.

The agreement carries an exemption clause as stipulated in the principal agreement, Statutory Instrument 152 of 1990, clause 6 (Exemptions, Variations and Savings).

NATIONAL EMPLOYMENT COUNCIL FOR THE MINING INDUSTRY

RATES OF PAY FOR GOLD PRODUCERS
EFFECTIVE 1st JANUARY 2013 TO 31st DECEMBER 2013

1) It was further agreed that those employers in the Gold Sector who were already complying with the minimum that applied to the non gold sector ($212,21 or more) should apply the non-gold new minimums ($227,06) and the related dollar value ($14,85).

2) For those employers in the gold sector who are paying below $212,21, but above $197,53 must move to $227,06. Those that cannot get there, they should apply for exemption.

3) These conditions only apply to negotiations covering 1st January, 2013 to 31st December, 2013.

4) Those employers who were paying below $212,21 but above $197,53 must factor in the dollar value figure across grades of the percentage they applied.

NATIONAL EMPLOYMENT COUNCIL FOR MINING INDUSTRY

RATES OF PAY FOR NON-GOLD PRODUCERS FROM

1st JANUARY, 2013 TO 31st DECEMBER, 2013

Service increments

(b) The basic minimum earnings, prescribed in paragraph 1 (b) shall be increased as specified hereunder in respect of employees whose total length of service with the same employer amounts to 2 or more years.

Employees whose total length of service with the same employer exceeds:-

SERVICE INCREMENT RATES FOR GOLD PRODUCERS

FROM 1^st JANUARY, 2013 TO 31st DECEMBER, 2013

The rates of service increments shall be as follows–

Such increases shall be reflected separately on pay sheets and payslips and will continue to form part of an employee’s basic earnings:

Provided that employers may at their discretion, and when they are paying in excess of the minimum wage still pay a service increment based on the actual wage.

Declaration

The employer’s organisation and the trade union, having arrived at the agreement set forth herein, the undersigned officers of the Council hereby declare that the foregoing is the agreement arrived at, and affix their signatures thereto.

Signed at Harare this 4th day of April, 2013.

1. C. KARE, Chairman,

National Employment Council for the Mining Industry.

1. E. RUZIVE, President,

Associated Mine Workers Union of Zimbabwe.

1. MHEMBERE, Vice President,

Chamber of Mines of Zimbabwe.

1. J. MUBVUMBA, General Secretary,

National Employment Council for the Mining Industry.

[Editor’s note: The Schedule’s remaining clauses appear below:]]

(c) Learners engaged in terms of clause thirteen shall be paid not less than the following rates—

Provided that a subcategory 5-11 plant operator who is undertaking a conversion learnership, as prescribed in paragraph (i) of subclause (8) of clause thirteen, following his transfer to a different type of plant operated by his employer, shall be paid wages which are not less than those which he was receiving immediately before his transfer;

(d) Part-time employees: Part-time employees shall be remunerated at a rate which is not less than x/y of the basic minimum earnings prescribed for the occupation concerned,

where —

X- is the number of hours in a week to be worked by the part- time employee under normal circumstances and

Y- is the number of hours in a week normally worked by a full-time employee in the same occupation or department.

SCHEDULE F
ALLOWANCES (Clause 20)

[Editor’s note : the amounts need to be converted into the correct US$ equivalent]

1 (1) In addition to the basic earnings provided for in Schedule D,

allowances shall be paid in accordance with the provisions of subclause (2) to (II).

(2) Charge-hands: Charge-hands shall be paid an allowance of zw$1 per shift worked.

(3) Working underground: Employees in grades 1 to 12 shall be paid an allowance when working underground in accordance with the following—

(a) for any period of 4 hours or less worked during the employee’s normal shift, 3% of the employee’s basic earnings per shift;

(b) for any period in excess of 4 hours worked, during the employee’s normal shift, 5% of the employee’s basic earnings per shift;

(c) for any underground overtime worked, 1% of the employee’s basic earnings per shift in respect of each hour of overtime worked, in addition to the normal overtime payment.

(4)

(a) Acting Allowance: Where an employee, by reason of the absence of a more senior employee due to sickness or ill-health, or by temporary dislocation of labour (which period of dislocation shall not exceed 14 days unless otherwise agreed between the employer and the employee) is authorized in writing during any shift to perform work of a higher subcategory he shall receive the minimum basic earnings prescribed for such subcategory for the whole of that shift:

Provided that no acting allowance shall be paid for periods of less than 2 hours on any 1 shift;

(b) an employee employed in Grade 4 or higher who has been appointed in terms of clause twenty-one to act in a temporary proviso (ii) to clause twenty-one shall be paid not less than the minimum rate prescribed for the more senior employee during the period in which he acts.

If both employees are already in receipt of wages in excess of the minimum prescribed for the more senior occupation, an acting allowance, amounting to not less than 7,5 % of the employee’s own basic earnings for the period during which he acts, shall be paid.

(5) Stand-by—

(a) an employee who undertakes stand-by duty shall be entitled to an amount equal to his current basic earnings for 1 shift or day in respect of each week of stand-by duty undertaken: such entitlement shall be paid to employees in grades 1 to 12 as an allowance;

(b) employees called out on duty while on stand-by shall be paid overtime for the period worked, in addition to the allowance prescribed in paragraph (a).

(6) Night work: Employees in grades 1 to 12 who are required to undertake night work shall be paid a pro-rata allowance of 10% of the employees basic earnings per shift, which is 0,625% of the employee’s basic rate for his subcategory in respect’ of each 30 minutes or part thereof of night work undertaken.

(7) Half-shifts: In the event of a subcategory 4-12 senior overseer miner or 4-11 overseer miner being required to perform 2 men’s work during the same shift by reason of the absence of other subcategory 4-12 or 4-11 mining employees due to sickness or ill-health, or by reason of temporary dislocation of labour (which period of dislocation shall not exceed 14 days unless otherwise agreed between the employer and the employee), he shall be paid at the rate of 1½ times his current wage per shift for each shift worked.

(8) Changes in working hours: an employee presenting himself punctually for work on his normal shift and being turned away shall, unless he has been given oral or written prior notice of at least 12 hours of any change in his working hours, be paid the equivalent of half a shift at his current wage per shift.

(9) One-man drilling crew: A subcategory 4-4 employee who is required to operate a rock-drilling machine without the assistance of a subcategory 4-3 employee shall be paid an allowance of 20% of the minimum wage for a subcategory 4-3 employee for each shift so operated.

(10) Medical qualifications: Employees in category 6 who qualify therefor shall be paid the following—

(a) employees who are actually engaged in maternity work and who hold the qualifications of—

(i) State-registered midwife, -zw$30 per month;

(ii) Registered maternity nurse, – zw$18 per month;

(iii) Registered maternity assistant,- zw$10 per month;

(b) State-registered nurses who are actually engaged in family planning work and who hold a Family Planning Certificate, – zw$15 per month;

(c) State certified nurses who are actually engaged in family planning work and who hold a Family Planning Certificate, – zw $10 per month:

Provided that an employee who holds more than 1 of the qualifications prescribed in paragraph (a) shall be entitled to the allowance for the highest qualification held only.

(11) Heat allowance: Employees in grades 1-12 who are required to work on surface in areas designated as hot areas by the Technical Subcommittee shall be paid a heat allowance in accordance with the following—

(a) for any period of 4 hours or less worked during the employees normal shift, 3% of the employees basic earnings per shift;

(b) for any period in excess of 4 hours worked during the employees normal shift, 5% of the employees basic earnings per shift;

(c) employees whose duties entail supervisory operations, maintaining services or repairing machinery shall be paid an allowance for each hour calculated on a pro rata basis of 5% for each full shift worked;

(d)for any period of overtime worked, a heat allowance of 1% of the employees basic earnings per shift in respect of each hour of overtime worked shall be paid in addition to the normal overtime payment.

(12) Medical registration fees: Where an employee in an occupation falling into category 6 is required, by law, to register with the Medical and Dental Practitioners Council and to renew such registration on an annual basis in order to continue qualifying for employment in the occupation concerned, the employer shall, on production of relevant receipts, refund to such employee the amount paid by the employee to the Medical and Dental Practitioners Council for any current renewal of registration effected:

SCHEDULE G
STOPPAGES & DEDUCTIONS (Clause 22)

(1) Deductions in terms of paragraph (h) of subclause (3) of clause twenty-two may be made in respect of the loss of, or damage to, the following equipment—

boots;

safety-helmets;

mining-lamps;

leggings;

goggles;

overalls and caps issued to employees engaged in food preparation;

eating-utensils;

protective clothing issued in terms of clause thirty.

(2) Where charges are made in respect of the loss of, or damage to the articles listed in clause 1, the amount charged shall not exceed the actual cost of replacing the articles, less a reasonable deduction for fair wear and tear, or the actual cost of repair, whichever is the lesser.

(3) Where charges are made on issue of any of the articles listed in clause 1 , the amount shall not exceed the actual cost to the employer.

SCHEDULE H
RENTALS & SERVICE CHARGES (Clauses 23 and 24)

[Editor’s note: The amounts need to be converted into US$]

An employer who supplies accommodation and/or services to an employee may levy a charge for such accommodation and/or services as provided as follows—

(1) By agreement between the parties and the Minister of Labour, Manpower Planning and Social Welfare, these charges are to remain in force until 31st January, 1990, when they are to be reviewed.

[They were reviewed by SI 279/94 with effect from the 25th November,1994-published below- to be converted into US$ – Editor]

(2) Monthly rental and maintenance charge ( per bedroom )

(3) Monthly service charges for services

Note: Solid fuel shall be issued to employees in units in the form of 0,5 cubic metre (stacked volume) of firewood or 50 kilograms of coal plus sufficient wood for kindling.

(4) INTERPRETATION

(a) Net rentals and service charges for houses less than 20 years old with all facilities are as follows–

(b) the net rentals and service charges for houses less than 20 years old with lighting & water only are as follows–

Note: These figures are where wood is supplied.

Where coal is used, an extra zw$0,59 should be added.

New houses constructed from 1st July, 1990 shall be referred to the Technical Sub-Committee which shall recommend to Council appropriate rental and maintenance charges.

SCHEDULE J
CODE OF CONDUCT (Clause 31)

[Substituted by SI 165/92 with effect from the 29th May ,1992.]

In addressing the present policy with respect to disciplinary and grievance procedures, it is important to stay with those objectives of fairness and uniformity. It is also a point that should, and must, be considered as we enter a new era, and it is in that vein that we are addressing the present Code of Conduct by introducing a practice whereby employees, prior to actions that may be taken under the present disciplinary code and grievance, procedure, should have representatives of the Union notified of the possible infraction, thus allowing consultation and counselling by the Union.

This method is believed to be a first step in reducing direct action that must be taken under the Code of Conduct policy.

It is also a method of assuring a joint effort among the parties that are registered to be involved in grievance procedures.

It is believed this practice is a proper one and should be implemented accordingly.

Duties and rights of employer

1. In terms of this Code, management shall have the following principal rights and duties to—

(a) manage and conduct the business of the undertaking effectively;

(b) develop jointly with their employees or employee representatives effective industrial relations and policies consistent with the principles of this Code;

(c) maintain jointly with the employees or employee representatives effective arrangements for negotiation, consultation and communication and for settling grievances and labour disputes at shop floor level;

(d) ensure that during negotiations their representatives are authorized to make decisions on behalf of the undertaking;

(e) take all reasonable steps to ensure that all agreed procedures and agreements are observed;

(f) assure employees that management recognises their membership to and participation in trade union activities;

(g) to ensure that the functions and responsibilities of employees are clearly defined in the organizational structure;

(h) ensure the creation of a conducive atmosphere for productivity;

(i) to ensure human resources planning and development policy and programmes;

(j) resolve grievances and disputes in accordance with the procedures as provided under collective agreements;

(k) observe the principles of fair labour practices as defined in the Labour Act [Chapter 28:01];

(l) promote schemes of worker participation in ownership and management of enterprises wherever possible; and

(m) act in good faith in all dealings with employees or employer representatives.

Duties and rights of industrial unions

2. In terms of this Code, industrial unions shall have the following principal rights and duties to—

(a) protect and promote the interests of its members and employees generally;

(b) develop jointly with employer’s organizations in establishing effective procedures at industry level for the negotiation of terms and conditions of employment and for the peaceful settlement of disputes;

(c) develop with individual employers in establishing effective procedures for negotiation, consultation ,communication and the peaceful settlement of grievances and disputes;

(d) to ensure that employees and their employee representatives observe collective agreements;

(e) abide by the terms and conditions of collective agreements;

(f) act in good faith in its relationship with employers or employers’ organizations;

(g) promote schemes of workers participation in the ownership and management of enterprises; and

(h) encourage the promotion of productivity.

This Schedule comprises 6 parts consisting of the following—

1. Introduction. ,
2. Category of offences.
3. Penalties.
4. Disciplinary hearing procedures.
5. Guidelines for grievance procedures.
6. Appendixes.

PART A

Introduction

1 Disciplinary action in the first instance should be educational and then corrective; punitive action should only be taken when the earlier steps have proved ineffectual.

2 As far as is practicable, similar offences committed in similar circumstances should be treated equitably through the award of similar penalties.

3 In any organization, disciplined behaviour is essential for the good of the employee and the successful achievement of the organization’s objectives. For this reason, the importance of good industrial relations, based on humanitarian principles, between employers and employees in every establishment cannot be over-emphasized.

4 To this end when an employee breaks the terms and conditions of his or her contract, or behaves in an unacceptable manner, he or she must be disciplined in accordance with the procedures set out in this document without undue delay. The offender must be dealt with fairly, firmly, promptly and without bias.

5 The success of the disciplinary system depends largely on the good judgment and understanding of and consistent treatment by officials and their adviser. Success also depends on justice being seen to be done by all concerned and done as swiftly as possible, because unnecessary delay in hearing and disposing of a case breeds resentment and ill-feeling.

6 All disciplinary actions should at first seek resolution within the laid down company code or national code of conduct before going external for decision.

PART B

Categories of offences

Offences are classified into 5 major categories—

1. Absenteeism.
2. Sub-standard Performance
3. Indiscipline or disorderly behaviour
4. Offences warranting dismissal.

The following descriptions of each offence are designed to achieve uniformity—

1 Absenteeism in this context means absence from work without permission for any whole day or shift.

2 Sub-standard performance—

(a) poor timekeeping—

(i) reporting late for work;

(ii) leaving work early without authorisation;

(iii) taking extended or unauthorized breaks during working hours;

(b) sleeping on duty—sleeping on duty whether or not such action constitutes a hazard to the safety and health of the offender or others, or leads to damage to company property.

(c) negligent loss, damage or misuse of company property—

(i) negligent loss: any act whereby an employee through carelessness or negligence loses company property or is unable to account for it satisfactorily,

(ii) negligent damage to company property: any act whereby an employee through carelessness or negligence, causes or, allows company property in his charge to become damaged;

(iii) misuse of company property: using company property or. accommodation for a purpose or purposes other than the for which it was intended, and any unauthorized use of company property;

(d) unsatisfactory work performance—

(i) carelessness/negligence: lack of due care and attention in the performance of a task resulting in—

1. repetition of the task;
2. damage to equipment;
3. injury to personnel;

(ii) incompetence/inefficiency: failure to perform work to the required standard;

(iii) loafing: passing the time idly or failing without reasonable cause to complete tasks set.

3 Indiscipline or disorderly behaviour—

(a) disobedience and related offences—

(i) failing to obey an instruction : failure to obey a lawful instruction given by a person in authority;

(ii) non-compliance with established procedures/standing instructions: failure to follow established procedures or failure to handle complaints or grievances in the prescribed manner;

(iii) refusing to work overtime:- failure to work overtime when required, to do so in terms of any current agreement;

(b) abuse and related offences—abusive language: the uttering of any words or the publication of any writing, expressing or showing hatred, ridicule or contempt, for any person or group of persons. The offence is more serious when it is wholly or mainly because of race, tribe, religion, place of origin or colour.

(c) disorderly behaviour and related offences—

(i) disorderly behaviour (horseplay): indulging in rough or unruly behaviour or practical jokes whether or not such behaviour endangers the safety or health of others or the smooth running of the work place;

(ii) threatening violence: threatening to do physical injury to any other person;

(iii) assault or attempted assault: occasioning or attempting to occasion bodily harm to any other person;

(iv) fighting: physical combat with another person who retaliates;

(v) riotous behaviour: in concert with 2 or more persons, engaging in or inciting a group of persons to indulge in disorderly behaviour or wilfully to damage company property;

(d) wilful loss, damage or misuse of company property—

(i) wilful loss: any act whereby an employee wilfully or deliberately loses or causes company property to be lost;

(ii) wilful damage: any act whereby an employee who is in charge, possession or control of company Property, wilfully or deliberately damages or allows or causes such property to be damaged;

(iii) wilful misuse: any act, whereby an employee wilfully or deliberately misuses company property or accommodation.

4 Offences warranting dismissal—

(a) bribery and forgery—

(i) bribery or corruption: giving or receiving, or attempting to give or receive any bribe of inducing, or attempting to induce any person to, perform any corrupt act;

(ii) false evidence: deliberately giving untrue, erroneous or misleading information or testimony whether verbally or in writing;

(iii) forgery and uttering—

(a) falsifying or changing any document with fraudulent intent, or attempting to do so;

(b) uttering, or attempting to utter fraudulent or false documents;

(iv) misappropriation: applying or attempting to apply to a wrong use for any unauthorised use any funds, assets or property belonging to the company;

(b) wilful disobedience to a lawful order given by the employer;

(c) wilful and unlawful destruction of the employer’s property;

(d) theft or fraud;

(e) intoxication that renders him incapable of performing his duties properly, provided that a medical doctor or a state registered nurse through the use of a breathalyser or other recognized methods shall confirm the level of intoxication: where these are not available, a trade union or workers committee representative, and a senior official, shall assess the level or intoxication;

(f) absence from work for a period of 5 or more working days without reasonable excuse;

(g) habitual and substantial neglect of his duties

(h) gross incompetence or inefficiency in the performance of his work;

(i) lack of a skill which the employee expressly or impliedly held himself out to possess;

(j) being in possession of alcohol or drugs whilst on duty;

(k) clocking another employee’s time card intentionally;

(l) taking, injecting or inhaling alcohol or drugs whilst on duty;

(m) gross negligence or wrongful act or omission that causes accident injury or death at work;

(n) unlawful job action.

This refers to any action by1 or more employees to withdraw their labour, or “go slow” or otherwise interfere with the normal operations of the company in furtherance of a dispute or with the object of compelling management to take or refrain from taking any specific action where the matter in dispute has not been processed through the relevant procedures prescribed by law, any action by any employee to persuade, encourage or intimidate any employee to take such unlawful job action, any action designed to interfere with the normal operations of the company in the furtherance of any dispute industrial or otherwise.

PART C

Penalties

1 Counselling to be recorded on the employee’s personal file. Any supervisor may counsel for minor offences such as:

1.1. sub-standard performance—

(a) poor timekeeping—

(i) reporting late for work;

(ii) leaving work early without authorization;

(iii) taking extended or unauthorized breaks during working hours; and

(b) unsatisfactory work performance;

(c) minor offences;

1.2. indiscipline and disorderly behaviour;

1.3. minor offences.

Note.—When counselling is considered inadequate because of the nature of the offence or when previous counselling has not achieved the desired correction, the supervisor will lay a formal complaint in order to have the case formally dealt with and in order to have an entry made on the employee’s disciplinary record.

In increasing order of severity, there are 4 levels of recorded warnings—

(a) first recorded warning;

(b) second recorded warning;

(c) severe warning;

(d) final warning.

Appendix A shows the schedule of offences and penalties.

2 First recorded warning—to remain in force for a period of not more than 4 months. This may be given for a repetition of an offence for which counselling has been given, or it may be given for a first offence such as—

2.1. Absenteeism: absence from work without permission for not more than 2 consecutive days.

2.2. Sub-standard performance—

(a) negligent loss of company property: any act whereby an employee through carelessness or negligence loses, or is unable to account for company property;

(b) unsatisfactory work performance: incompetence /inefficiency, failure to perform work to the required standard.

2.3. Indiscipline or disorderly behaviour, or disobedience and related offences: failure to obey a lawful instruction given by a person in authority.

3 Second recorded warning—to remain in force for a period of not more than 6 months. Given for the repetition of an offence during a period when a first recorded warning is still in effect;

4 Severe warning—to remain in force for a period of not more than 8 months. Given for the repetition of an offence during a period when a recorded warning is still in effect or for a first offence such as—

4.1. absenteeism: absence from work without permission for not more than 3 consecutive days.

4.2. Sub-standard performance—

(a) sleeping on duty; sleeping on duty where the safety of others is not involved;

(b) damage or misuse of company property: damaging or using company property or accommodation for a purpose or purposes other than that for which it was intended, and any unauthorized use of company property;

(c) unsatisfactory work performance—

(i) carelessness/negligence: lack of due care and attention resulting in:

1. repetition of the task;
2. damage to equipment;
3. injury to personnel;

(ii) incompetence/inefficiency: severe cases of failure perform work to the required standard;

(iii) loafing: passing the time idly or failing reasonable cause to complete tasks set.

4.3. Indiscipline or disorderly behaviour—

(a) disobedience and related offences: Non-compliance with established procedures/standing instruction means failure to follow established procedures or failure to handle complaints or grievances in the prescribed manner;

(b) abuse and related offences: abusive language means the uttering of any words or the publication of any writing, expressing or showing hatred, ridicule or contempt, for any person or group of persons;

(c) disorderly behaviour and related offences: disorderly behaviour (horseplay) means indulging in rough or unruly behaviour or practical jokes whether or not such behaviour endangers the safety or health of others or the smooth running of the work place.

5: Final warning—to remain in force for a period of not more than 12 months. May be given for the repetition of an offence during a period when a first, second or severe warning is still in effect or for a offence such as—

5.1. absenteeism: absence from work without permission for not more than 4 consecutive days.

5.2. Sub-standard performance—

(a) sleeping on duty: sleeping on duty where such action constitutes a hazard to the safety and health of the offender or others, or leads to damage to company property;

(b) damage or misuse of company property: any act whereby an employee through carelessness or negligence, causes or allows company property in his charge to become misused or damaged.

5.3. Indiscipline or disorderly behaviour—

(a) disobedience and related offences: refusing to work over-time means failure to work overtime when required to do so in terms of any current agreement;

(b) disorderly behaviour and related offences—

(i) threatening violence: threatening to do physical injury to any other person;

(ii) assault or attempted assault occasioning or attempting to occasion bodily harm to any other person;

(iii) fighting: physical combat with another person who retaliates.

(c) wilful loss, damage or misuse of company poverty: any act whereby an employee wilfully or deliberately loses, damages or misuses company property or accommodation.

6 Dismissal: an employee may be dismissed for the repetition of an offence during a period when a final warning is still in effect or for any of the following offences—

(a) bribery and corruption—

(i) bribery or corruption: giving or receiving, or attempting to give or receive any bribe or inducing, or attempting to induce any person to perform any corrupt act;

(ii) false evidence: deliberately giving untrue, erroneous or misleading information or testimony whether verbally or in writing;

(iii) forgery and uttering means—

1. falsifying or changing any document with fraudulent intent or attempting to do so ;
2. uttering, or attempting to utter fraudulent or false documents;

(iv) misappropriation: applying or attempting to apply to a wrong use for any unauthorized purpose any funds, assets or property belonging to the company;

(b) wilful disobedience to a lawful order given by the employer;

(c) wilful and unlawful destruction of the employer’s property;

(d) theft or fraud;

(e) intoxication that renders him incapable of performing his duties properly, as defined in Part B section 4 (e);

(f) absence from work for a period of 5or more working days without reasonable excuse;

(g) habitual and substantial neglect of his duties;

(h) gross incompetence or inefficiency in the performance of his work;

(i) lack of a skill which the employee expressly or impliedly held himself out to possess;

(j) being in possession of alcohol or drug whilst on duty;

(k) clocking another’s employee’s time card intentionally;

(l) taking, injecting or inhaling alcohol or drugs whilst on duty;

(m) gross negligence or wrongful act or omission that causes by accident, injury or death at work;

(n) unlawful job action.

This refers to any action by 1 or more employees to withdraw their labour, or “go slow” or otherwise interfere with the normal operations of the company in furtherance of a dispute or with the object of compelling management to take or refrain from taking any specific action where the matter in dispute has not been processed through the relevant procedures prescribed by law ,

any action by any employee to persuade, encourage, or intimidate any employee to take such unlawful job action, any action designed to interfere with the normal operations of the company in the furtherance of any dispute industrial or otherwise.

PART D

Code of conduct procedure

1 Action by Supervisor when an offence is committed or reported—

(a) when an offence its alleged to have been committed the supervisor concerned will investigate and either dismiss the case or give an unrecorded warning or lay a formal disciplinary complaint;

(b) no action shall be taken against, and no penalty shall be imposed on an employee who has breached the provisions of this code unless such breech has been fully investigated by the authority concerned, to the satisfaction of the administering official or whoever will be responsible for adjudicating on the matter;

(c) in certain circumstances the supervisor will ensure that the offender is removed from the work place pending investigation of the case. He will take immediate steps to report the matter to the head of department or other such senior official who will decide whether the offender may return to work or should be laid off pending the outcome of the investigation and hearing. Generally an employee will be laid off work when his continued presence is likely to lead to a disturbance or it is necessary to avoid injury to personnel or loss of, or damage to company property. An employee shall be paid his basic wage or salary for the shift or shifts during which he was laid off—

(i) types of offence where lay-off is mandatory: an employee must be laid off work and removed from the workplace if he has committed or is involved in any of the following offences—

1. assault;
2. being in the opinion of the supervisor, unfit to carry out his duties, i.e. being under the influence of alcohol or drugs;
3. consuming alcohol or drugs at work;
4. fighting or riotous behaviour;
5. threatening violence or acting violently;
6. any act or omission which intentionally endangers the health or safety of others or is likely to cause damage to company property;

(ii) types of offence where lay-off is advisable: an employee may be laid off work and removed from the work place if he has committed any serious offence or is involved in any of the following offences—

1. using abusive or provocative language:
2. insubordination;
3. persistent refusal to obey instructions.

2 The hearing—

(a) when a formal disciplinary complaint is laid against an employee, this will be done in writing, on the appropriate form by the complainant, within 48 hours of the discovery of the alleged offence on the approved form (Appendix “B”, sections 1 and 2);

(b) the complaint form will be submitted to the head of section/ department. If the offender admits the complaint he will complete section 3 of the form and obtain the offender’s signature. He will convene and administer a hearing within 72 hours to determine the validity of the complaint and for the appropriate disciplinary action if the offender contents the issue;

(c) the complainant and the offender must attend the hearing in person. The hearing shall be conducted by the administering official together with up to 2 workers representatives and up to 2 employer representatives provided that the representatives shall be equal at all times. These shall constitute the disciplinary committee for the hearing. The choice of worker representatives shall be entirely at the discretion of the offender and may include workers committee representatives, trade union representatives or such other person or persons acceptable to the offender:

Provided that if the offence is for one of absence, and reasonable attempts have been made to secure his whereabouts, the hearing shall be held notwithstanding his absence, after a period of 7 days have elapsed;

(d) witnesses may be called as necessary and the administering official may take into account reports and statements submitted in writing by the personnel/security department, Such documents must be made freely available to the offender and (if applicable) his representative;

(e) at the conclusion of the hearing he will complete section 3 of the form (Appendix “B”) and obtain the signature of the offender and/or his representative. If the offender is unable or unwilling to sign the form this should be noted and the personnel department informed immediately. The personnel department representative will investigate the reasons for this and will comment in section 3,as appropriate;

(f) if the administering official is not a head of department/mine manager this form (with attachments) will be forwarded to the head of department/ mine manager for signature. He will, after carrying out any further investigations that may be necessary, add his signature and comments to section 3 of the form:

Provided that if the recommendation is for dismissal the form shall be signed by the mine manager of other designated official;

(g) the form (with attachments) will be forwarded to the personnel
department. Any warnings given will be recorded in the disciplinary
records and documents will be placed on the offender’s personal file;

(h) if the offence is of a criminal nature and is likely to result in discharge or dismissal the personnel department will request a full report from the security department;

(i) on receipt of the complaint form where dismissal is recommended the personnel department will complete section 6;

(j) supervisory level guidelines for the conduct of hearings and the imposition of penalties are given in Appendix “A”.

3 Appeals procedure—

(a) every employee has the right to appeal against any decision which involves an entry on his disciplinary record and which may affect his future employment prospects;

(b) when an employee wishes to appeal against disciplinary action which has been taken against him he shall appeal to the designated authority within a period of 5 working days following the imposition of the penalty, and must state the grounds for the appeal, in writing. Out of time appeals may only be considered when there is a reasonable excuse for the delay;

(c) the appeal shall be heard by the designated authority in the presence of the employee who may be accompanied by his representative(s )

(d) the designated authority shall make a determination in respect of the appeal within a period of 5 working days and the form endorsed accordingly. The decision of the designated authority shall be final;

(e) notwithstanding anything contained herein an employee who is aggrieved by the decision on appeal may exercise his rights under the Labour Act [Chapter 28:01] and shall notify the company accordingly. However such action shall not have the effect of suspending any disciplinary action reached until a decision to the contrary is made on appeal.

Note:- For the purpose of this appeals procedure, the term ‘designated authority’ shall be defined as the person or persons designated by the company to hear the case.

PART E

Guidelines for a grievance procedure

1 Definition: all employees have a right to seek redress for grievances relating to their employment . In this context a ‘grievance’ is any dissatisfaction or feeling of injustice arising out of a work situation.

2. Objective: It is in every company’s interest that all grievances be resolved at the earliest stage possible and as near to the point of origin as possible . It is important that grievances be considered and resolved equitably , speedily and all employees should be made aware of this basic right in addition to the fact that all employees may submit grievances without any prejudice whatsoever regarding their employment.

3 Procedure: an employee who wishes to raise any issue as a grievance in which he or she is directly concerned must do so ,in writing, to his or her immediate supervisor who shall, in addition to keeping a record of the matter—

(a) make arrangements to hear the grievance within 72 hours in privacy;

(b) permit the employee to be accompanied and assisted by a representative of the worker’s committee or trade union (if he is a member of the union) who shall be of his own choosing;

(c) identify the grievance and the circumstances surrounding it;

(d) clarify any points of confusion or inconsistency;

(e) offer counselling if such is felt beneficial to arrive at an equitable understanding: for misunderstanding is, in the majority of cases, often the reason behind a grievance;

(f) sum up and make a decision;

(g) after a decision has been made, no further discussion must take place;

(h) the decision must be communicated in writing to the aggrieved employee(s) who shall acknowledge receipt thereof.

Note: -A grievance hearing will be attended by not more than 2 aggrieved employees, not more than2 witnesses, 1 employee organization representative (where appropriate), a personnel department representative (PDR), and the supervisor who is hearing the grievance.

4. Appeals —

(a) should the aggrieved employee be dissatisfied with the supervisor’s decision, he/she may appeal to the senior supervisor, in writing, within 72 hours, stating the grounds for appeal;

(b) the senior supervisor will review the case with any person whom he wishes to consult, make a decision within 72 hours, and endorse the case records accordingly. The decision will then be communicated to the aggrieved employee;

(c) should the aggrieved employee still be dissatisfied with the senior supervisor’s decision, he may appeal to the head of department, in writing, within 72 hours, stating the grounds for the appeal;

(d) the head of department will review the case and make a decision, within 72 hours, and endorse the case records accordingly;

(e) should the aggrieved employee still be dissatisfied with the head of department’s decision, he may appeal to the manager, in writing, within 72 hours, stating the grounds for the appeal;

(f) the manager will review the case and make a decision, within 72 hours, and endorse the case records accordingly. The manager’s decision shall be final.

Notes:

(a) nothing in the foregoing shall prevent an employee from pursuing a grievance further though the channels recognized by the Ministry of Labour, Manpower Planning and Social Welfare;

[ See the Labour Court Rules, 2006 SI 59/06]

(b) at all steps in the grievance the personnel or staff department, as the case may be, may be consulted by all parties for guidance and precedents.

APPENDIX “A”
CODE OF CONDUCT – SCHEDULE OF OFFENCES AND PENALTIES

OFFENCES AND ACTION GUIDELINES

NATURE OF OFFENCE

APPENDIX “B”
SPECIMEN COMPLAINT FORM

PART 1

Hearing procedure

SECTION 1

(a)Name of complainant Mine No.

Subcat./Grade Gang No . Occupation

Dept Section

(b) Name of offender Mine No.

Occupation Dept.

Station ……………………………………..Section

(c) Nature of offence………………………………………………..

……………………………………………………………………………………..

Date of offence …………..Time …………………………Place ………………….

Names of witnesses :

(1) …………………………………………….Mine No : -…………………………..

(2) …………………………………………….Mine No : -…………………………..

(3) …………………………………………….Mine No : -…………………………..

SECTION 2

Statement by the offender …………………………………………………………………………..

SECTION 3

This section must be completed by the administering official –

Name of official ………………………………Designation … ….

Findings of the official ,including an assessment of the offender’s previous disciplinary record, if any ………………………………………………………………………………………………..

Administering official’s verdict ……………………………………………………………….

…………………………………………………………………………………..

Official’s signature Date

SECTION 4

This section should be completed by a representative of the Trade Union or workers committee , who is representing the offender who should state in writing whether he agrees or disagrees with the findings of the Administering official;

AGREE/DISAGREE (delete inapplicable)

If DISAGREE state reason …………………………………………………………………………….

……………………………………………………………………………………..

Recommendations…………………………………………………………………..

Name of worker’s representative …………………………………………………..

Signature: Date ………………

SECTION 5

Offender’s comments with regard to the verdict:…………………..

APPEAL /NOT APPEAL ( delete inapplicable )

Signature Date

Complainant’s comments with regard to the verdict:…………………..

…………………………………………………………………………………………………

Signature Date

SECTION 6

To be completed by the head of personnel department :

Comments………………………………………………..

Recommendations……………………………………………………………………

…………………………………………………………………

Name …………………….. Signature.. …………..Date ……………..

PART 11

Appeals procedure

SECTION 7

In the case of an appeal:

Reasons for appeal by offender…………………………………………………………….

……………………………………………………………………………………………………….

Signature Date

SECTION 8

This section should be completed by a representative of the trade union or worker’s committee, who is representing the offender who should offer in writing any comments or factors for consideration in mitigation

………………………………………………………………………………………………..

Recommendations………………………………………………………………………

Name ……………………………….

Signature Date

SECTION 9

To be completed by the designated authority:

Findings of the designated authority…………………………………………………………….

……………………………………………………………………………………………………………..

Verdict …………………………………………………………………………………………………………

Signature ………………………………………………..Date……………………………………..

Note.—If the space on this form is insufficient you are free to give more details on seperate additional sheets.

APPENDIX “C”
SPECIMEN GRIEVANCE FORM

SECTION 1

(a)Name of complainant Mine No.

Subcat./Grade Occupation

Dept Section

(b)Name of complainant Mine No.

Subcat./Grade Occupation

Dept. Section

(c) Nature of grievance………………………………………………..

Signature Date …………..

SECTION 2

Statement by the complaint…………………………………………………………………………..

Signature Date …………..

SECTION 3

This section must be completed by the immediate supervisor: –

Findings………………………………………………………………………………

Name of official ………………………………Designation … ….

Signature Date

SECTION 4

This section must be completed by a representative of the Trade Union or workers committee who is representing the complainant: –

…………………………………………………………………………………………………………………

Comments ………………………………………………………………

Name

Signature: Date

SECTION 5

This section should be completed by the complainant :

Comments: AGREE/DISAGREE (delete inapplicable)

………………………………………………………………………………………..

Appeal or not appeal ……………………………………………………………………….

Signature Date

SECTION 6

This section to be completed by the senior supervisor on appeal:

Findings………………………………………………………………………………………

…………………………………………………………………………………………………….

Name of official ……………………………………….Designation ……………………

Signature Date

SECTION 7

This section should be completed by the complainant:

Comments………………………………………………………………………………….

Appeal or not appeal ……………………………………………………………………….

Signature Date

SECTION 8

This section to be completed by the head of department on appeal:

Findings …………………………………………………………………………………..

……………………………………………………………………………………….

Name of official ……………………………………….Designation ……………………

Signature Date

SECTION 9

This section should be completed by the complainant:

Comments………………………………………………………………………………….

Appeal or not appeal ……………………………………………………………………….

Signature Date

SECTION 10

This section should be completed by the General Manager:

Findings ……………………………………………………………………………..

Name ……………………

Signature Date

SECTION 11

This section should be completed by the Head of the Personnel Department

Comments……………………………………………………………………………..

Name ……………………

Signature Date

Note.—If the space on this form is insufficient you are free to give more details on separate additional sheets.

DECLARATION

We, the undersigned members of the National Employment Council for the Mining Industry submit this code for registration by the Ministry of Labour in terms of Statutory Instrument 379 of 1990 and confirm that this is the agreed National Code of Conduct which is to be used in the Mining Industry

DATED AT HARARE ON THE 14TH DAY OF AUGUST, 1991.

…………………………………………….

1. M. SPENCER-COOK,

Chairman.

………………………………………………

1. S. TROTT,

Vice-Chairman.

…………………………………………..

1. S. MUTANDARE,

Vice -Chairman.

……………………………………………………..

1. L. MHISHI,

General Secretary.

National Employment Council for the Mining Industry.

1 Any expression used herein which is defined in the Act shall have the same meaning as in the Act, unless further defined herein.

Unless inconsistent with the context—

“Act” means the Labour Act [Chapter 28:01];

“basic earnings” means wages or salaries earned by an employee, but does not include bonuses, allowances, commissions, or overtime payment or any other payment in kind or other like benefits, unless such inclusion is authorized by the Council;

“category” means a category of employment prescribed in subclause (5) of clause ten;

“certificate of competency” in relation to category 3 means a certificate issued by the Ministry of Labour, Manpower Planning and Social Welfare recognizing the holder as a skilled worker in a designated trade;

“certificate of registration” means a certificate issued by the Council in terms of clause twelve of this agreement, or any certificate of competency issued under any previous Industrial Agreement: Mining Industry (Mineworkers) or determination;

“charge-hand” means an employee appointed as such by an employer;

” contract worker ” means an employee who is engaged for a period of fixed duration or for the performance of a specific task which excludes normal production underground ;

[inserted by SI 109/93 with effect from the 26th February,1993]

” continuous service ” means the total period of an employee’s unbroken service—

(a) with only 1 employer ; or

(b) with any group of employers controlled throughout by the same head office; or

(c) on any 1 mine, irrespective of any change of ownership of such Mine; or

(d) on any group of mines controlled throughout by the same head office, irrespective of any change ownership in such group;

from the commencement of such period to its termination, whether by death, resignation, retirement or discharge:

Provided that an employee whose employment is terminated and who is re-engaged by the same employer or group of employers, or on the same mine or group of mines, within 3 months of such termination, shall be deemed not to have broken his service;

“council” means the National Employment Council for Mining Industry;

“direct supervision” means supervision continuously exercised within sight or sound of the work being supervised;

“emergency” means a situation in which life or property is in danger, or in which a serious stoppage in production caused by unforeseen events has occurred, or is about to occur;

“employee” means an employee for whom a subcategory is prescribed in Schedule A or Schedule B, referred to in subclause (1) of clause ten;

[substituted by SI 109/93 with effect from the 26th February,1993]

“essential supplies” means supplies of coal or coke—

(a) to persons engaged in the performance of work connected with the supply of light, power or water to the public, or with the provisions of a health sanitation or fire-extinguishing service to the public; or

(b) to persons operating, on a continuous basis, plant of national importance which would suffer damage through lack of supplies of coal or coke;

“executive committee” means the executive committee of the council appointed under its constitution;

“First Aid Certificate” means the Zimbabwe Red Cross Practical First Aid Certificate or its equivalent;

“grade” means the grade into which employees have been placed as indicated by the figures following the hyphen in the designation of each category;

“learner” means a person appointed as a learner in terms of clause thirteen, and “learnership” bears a corresponding meaning;

“mining industry” means, without in any way limiting the ordinary meaning of the expression, the industry in which employers and employees are associated together for mining purposes, which includes all work executed or carried out by persons therein who are engaged in the following activities or subdivisions thereof—

(a) the extraction from the earth or its surface of precious stones, precious metal ore, coal and base mineral ore; excluding limestone, other than limestone produced wholly or mainly for agricultural purposes;

(b) the tapping and recovery of mineral oils and natural gases;

(c) the beneficiation or processing of ores to minerals and metals other than—

(i) pig iron;

(ii) steel; and

(iii) ferro-alloys, except where such beneficiation or processing is carried out on a mining location or special grant as defined in the Mines and Minerals Act [Chapter 21:05];

(d) the extraction or manufacture of, by-products from coal;

and all operations incidental thereto, including the erection, maintenance, repair and operation of plant and machinery, and assaying, administration and accounting;

“month” means calendar month;

“night-work” means work other than overtime, undertaken during the hours falling between 6 p.m. and 6 a.m.;

“normal day off” means that day in the week on which an employee is not normally required to work;

“shift” means the normal period of hours worked by mine employees as prescribed in subclause (5) of clause seven and subclause (1) (a), (b) of clause fifteen;

“smallworker” means an employer on a mine where the total number of employees, excluding managerial employees, is 40 or less, and has been 40 or less for a period of 6 consecutive months or more, or has exceeded 40 for a period of less than 6 consecutive months;

“subcategory” means a subcategory of employment prescribed in subclause (5) of clause ten;

“stand-by duty” means the duty upon an employee to be available at short notice to undertake work of an urgent nature outside his normal working hours;

“technical subcommittee” means the technical subcommittee established by the council;

“working month” means the period from month to month recognized by an employer as the period for which employees’ salaries or wages are regularly compiled each month. If an employer does not recognize such a period, he shall be deemed to recognize a working month ending on the last day of each calendar month.

2 (1) In terms of the provisions of section 82 of the Act, the provisions of this agreement shall be binding upon and observed by—

(a) the employers and employees in the industry who are members of the employers’ organization and trade union, respectively;

(b) all other employers and employees in the industry;

within the area covered by all mining locations and special grants, as defined in the Mines and Minerals Act [Chapter 21:05] and the mining lease referred to in subsection (1) of section 4 of the said Act, together with any area upon which operations connected with any such mining location or special grant or mining lease are conducted, excluding the area of the undertaking of ZISCO Limited, in the mining of limestone and iron-ore:

Provided that—

(i) the terms of clause seven shall apply only to employers who are smallworkers, and to their employees:

(ii) the terms of clauses eight, ten to twenty-two, twenty-six to twenty-nine and thirty-one shall apply only to employers who are not smallworkers, and to their employees:

(iii) clauses one to six, nine, twenty-three, twenty-four, twenty-five, twenty-seven and thirty shall apply to all employers, and to their employees.

[subpara (iii) amended by SI 109/93 and further by SI 182/96 with effect from the 16th August, 1996]]

(2) Each provision of this agreement shall create a right or obligation, as the case may be, independently of the existence of other provisions, and no employer or employee may waive such right or obligation. Nothing herein contained, however, shall preclude an employer from granting to his employees a right greater than that provided for in this agreement.

(3) In the event of any provision of this agreement being inoperative or ultra vires the powers of the parties, or the Act, or regulations made thereunder, either before or after registration of this agreement, this shall in no way affect the remainder of the agreement which shall, in that event, constitute the agreement.

3 (1) This agreement shall come into operation on a date to be fixed by the Minister in terms of the Act and shall remain in force for a period of 2 years from such date :

Provided that the parties shall re-negotiate an extension of this agreement before the expiry of the above period.

(2) The Schedules to the agreement shall remain in force for a period of 1 year and shall be reviewed annually before the expiry date.

(3) Nothing shall preclude the parties from entering into, negotiations to amend any clause at any time:

Provided that—

(i) either party shall give to the council at least 1 calendar month’s notice, in writing, of any alteration which the party desires to make to the terms of this agreement;

(ii) the council shall consider, and shall take a decision on any proposed alteration to this agreement submitted in terms of proviso (i) within 6 months of the submission of such proposed alteration;

(iii) if the council accepts any proposed alteration submitted in terms of proviso (i), the terms of such alteration shall be transmitted to the Minister for incorporation in this agreement for the remaining period of its validity;

(iv) if the council is unable to agree on any alteration submitted in terms of proviso (i), such proposed alteration shall fall away, and the terms of this agreement shall continue to be binding on the parties for the remaining period of the validity of the agreement.

4 (1) The council shall be responsible for the administration of this agreement.

(2) The council may delegate any of its powers under this agreement to any person or persons as it thinks fit.

(3) The council may at any time vary or revoke any decision made in terms of this agreement by itself or by the executive committee or the technical subcommittee, or by any delegate appointed by it under subclause (2).

(4) Every employer and employee shall give every assistance to the council’s agents in making such investigations as the council may deem necessary into the operation of this agreement generally, and, in particular, to ascertain whether or not the provision thereof are being complied with.

5 Every employer shall keep a copy of this agreement freely available at all times for examination by his employees.

6 (1) The council may, upon such terms and conditions as it deems fit, grant exemption from, or a variation of, any of the provisions of this agreement to any employer or employee, and it may at any time likewise vary or cancel such exemption or variation.

(2) Any exemption or variation granted by the council under any previous Industrial Agreement: Mining Industry (Mineworkers) or determination and/or Industrial Agreement : Mining Industry (Staff Employees) shall be deemed to have been granted in terms of this clause, and any approval or consent granted by the council under any other provisions of the said agreement shall likewise be deemed to have been granted under the corresponding provision of this agreement.

7 (1) This clause shall apply only to smallworkers and their employees, who shall be graded as follows—

^–Grade 1 (unskilled);

Grade 5 (semi-skilled):

Grade 11 (skilled):

Provided that, where reference is made to other clauses herein, such clauses and their subclauses shall also be applicable.

(2)In respect of every employee of a smallworker, there shall be a contract of employment, reduced to writing by the employer and signed by the employer and the employee at the time of engagement. A signed copy of such contract shall be given to the employee by the employer.

(3) Such contract shall state—

(a) the occupation in which the employee is employed;

(b) the length of the employee’s normal shift, subject to the provisions of subclause (5);

(c) the rate at which overtime will be paid, subject to the provisions of subclause (6);

(d) the rate at which, and conditions under which, paid leave will accrue to the employee, subject to the provisions of subclause (7);

(e) the wage or salary payable, subject to the provisions of subclause (10);

(f) the regular stoppages or deductions which are to be made in terms of subclauses (9) and (13);

(g) the date upon which the employer’s working month ends, for the purpose of subclause (10);

(h) the period of notice of termination of employment to be given, subject to the pro ions of subclause (11).

(4) No alteration to the contact shall be enforceable by either party thereto until such alteration has been noted upon the contract and signed by both the employer and the employee.

(5) Save upon the terms set out in subclause (6), a small-worker shall not require an employee to work, and an employee shall not work, longer than 48 hours per week, divided into 6 daily shifts of 8 hours each.

(6) An employee working in excess of 48 hours per week shall be paid overtime in accordance with the provisions of clause sixteen.

(7) Annual leave for all employees shall be in accordance with the provisions of clause eighteen.

(8) The minimum wage or salary payable to an employee of a smallworker shall be the existing national or industry minimum wage, as amended from time to time:

Provided that such minimum rate shall not apply to employees who have been certified by a registered medical practitioner or suitably qualified person as infirm or otherwise incapacitated and who are engaged only on light work on the surface.

(9) —

(a) when so requested by an employee, in writing, in the form prescribed by the trade union, an employer shall deduct from the wage or salary of such employee—

(i) the subscription and life, accident and medical insurance premiums due to the trade union; and

(ii) such other contributions to the trade union as may be authorized by the council;

Provided that—

(i) an employer who has received requests from less than 10 members of the trade union may refuse to make such deductions;

(ii) employers may refuse to make such deductions if it is proved, to the satisfaction of the council, that undue influence or coercion has been, or is being, exercised by members of the trade union to compel non-members to become members thereof;

(b) no other stoppages or deductions shall be made by a smallworker from the wages or salary of an employee, save in respect of—

(i) the subscriptions and amounts due to any mine club;

(ii) subscription to any medical or sick-benefit fund recognized by the smallworker;

(iii) employees’ contributions to a pension fund;

(iv) deductions in respect of the supply, on a repayment basis, of boots and eating-utensils, and in respect of the loss of, or damage to, clothing or equipment issued free of charge to the employee by the small-worker;

(v) such sums as the smallworker may by law be obliged to deduct;

(vi) such sums as may be mutually agreed upon in writing between the smallworker and the employee, subject to the approval of the council;

(vii) deductions in respect of accommodation and services and fuel as provided for in clauses twenty-three and twenty-four.

(10) Except when the employment has been terminated—

(a) all wages, salaries and overtime earned by the employee up to the end of each working month shall be paid within 7 days of such end;

(b) all allowances or other like benefits prescribed in this agreement and due to an employee shall be paid not less frequently than once per month, and within 7 days of the end of the period to which the allowances relate;

(c) all bonus payments or other like benefits due to an employee shall be paid within 14 days of the end of the period to which the bonus payments relate.

(11) Except in the case of a determination resulting from summary suspension, notice of termination of employment of 26 working days shall be given and confirmed, in writing, by the employee or the employee as the case may be:

Provided that any dismissal shall be referred to a labour officer for an order or determination terminating the contract of employment in terms of regulations published under the Labour Act [Chapter 28:01], as amended from time to time.

[See the Labour (Settlement of Disputes) Regulations, 2003 SI 217/03,
and the Labour Relations(Retrenchment) Regulations,2003 SI 186/03]

(12) No smallworker shall employ a person under the age of 17 years on underground work.

(13) —

(a) a smallworker employing 25 or more employees shall participate in the Mining Industry Pension Fund, in accordance with the rules of that fund :

Provided that a smallworker who was not contributing to the Mining Industry Pension Fund before the date of introduction of this agreement, shall only be required to participate in the Mining Industry Pension Fund from the date of introduction of this agreement;

(b) a smallworker employing 24 employees or less may elect to participate in the Mining Industry Pension Fund, in accordance with the rules of the fund, in which event the provisions of subclause (14) shall cease to have effect in respect of employees who are eligible for membership of the fund;

(c) a smallworker who participates in the Mining Industry Pension Fund shall pay to that fund, when he commences to participate, a gratuity in respect of each eligible employee of not less than the amount derived by multiplying the appropriate percentage of his current basic earnings, as shown in the following Table, by the number of completed years of continuous service :

Provided that no service entered into before the 1st January, 1965, shall be taken into account in calculating such gratuity.

(14) An employee who has completed 5 or more years of continuous service shall, on termination of such service whether by death, resignation, retirement, discharge or otherwise, and subject to the provisions of subclause (13), be paid by his employer a gratuity not less than the amount derived by multiplying the appropriate percentage of his current monthly basic earnings on termination, as shown in the following Table, by the number of completed years of continuous service:

Provided that no service entered into before the 1st January, 1965, shall be taken into account in computing the length of an employee’s continuous service for the purpose of this subclause.

(15) For the purposes of subclauses (13) and (14), “basic earnings” shall mean the actual monthly salary being paid or, where a rate per shift is being paid, 26 times the actual rate per shift

(16) An employee who has completed not less than 6 months of continuous service who is absent from duty on account of illness, and who is able to produce a doctor’s certificate showing that such absence was essential for medical reasons, shall be entitled to sick leave in accordance with the provisions of subclause (12) of clause eighteen.

8 (1) This clause and clauses ten to twenty-two, twenty-six to twenty-nine and thirty-one shall apply only to employers who are not smallworkers and to their employees.

(2) In respect of every employee, there shall be a contract of employment reduced to writing by the employer and signed both by the employer and the employee at the time of engagement. A signed copy of such contract shall thereupon be given to the employee by the employer.

(3) The contract shall state the occupation, category and the subcategory in which the employee is, employed, his wage or salary and details of all allowances and consolidations and shall contain a statement of all regular deductions permitted which are mutually agreed upon at the time of engagement or authorized in terms of this agreement.

(4) In the event of any dispute arising as to the category or subcategory in which an employee had been placed, such dispute shall be referred to the council, whose decision thereon shall be final.

(5) No alteration to a contract shall be enforceable by either party thereto until such alteration has been noted upon the contract and signed by both the employer and the employee.

9 Except in so far as adjustments to rentals, charges for services and fuel, and subscriptions to the council become necessary for the implementation of clauses twenty-three , twenty-four and twenty-seven, no employee in employment at the time when this agreement becomes effective shall suffer any reduction in his wage or salary or conditions of service as a result, of the introduction of this agreement, except by mutual agreement, which shall be signed by both parties, subject always to the provisions of subclause (2) of clause two.

10 (1) Subject to the provisions of subclause (2), every employee shall be placed by his employer at the time of engagement in the category appropriate to his occupation, and in the case of category 3, the class, in terms of Schedule A and subcategory in terms of Schedule B appropriate to his qualifications, experience and abilities in such occupation. Such subcategories will be in the range of grades from grade 1 to grade 13 in each category.

(2) An employee in an occupation provided for in Schedule B may, with his consent, be placed in a subcategory lower than that appropriate in terms of subclause (1), and only in the circumstances set out in clause fourteen, shall an employee in an occupation provided for in Schedules A and B be placed in a class or subcategory higher than that so appropriate.

(3)—

(a) an employee in an occupation provided for in Schedule A or Schedule B who obtains certification or registration in a higher class or subcategory shall be considered for such higher class or subcategory only if a vacancy exists in that higher class or subcategory;

(b) an employee in an occupation provided for in Schedule A or Schedule B who is not promoted to a higher class or subcategory on obtaining certification or registration in a higher class or subcategory because of the absence of any suitable vacancy, shall not be required to undertake the work of that higher class or subcategory except when acting for an employee who is absent on of leave or illness or with the consent of the technical subcommittee. Where an employee acts for employee in a higher class or subcategory or his appointment has been approved by the technical subcommittee , the higher minimum rate of pay shall be applicable for the whole period that he so acts.

(4) An employer shall not give, out, on contract, skilled maintenance work which would normally be performed by a Class 1 skilled worker unless the person required to undertake the work meets the qualification requirements prescribed in this clause for the subcategory concerned and is remunerated at rates which are not less than those prescribed in the agreement.

(5) The categories, classes and subcategories referred to in subclause (1) shall be as set out in Schedules A and B and advancement from Grade 4 to Grade 5 in any category may be subject to the Grade 4 employee being required to possess a recognised First Aid certificate.

11 (I) A record of service in the form supplied by the council shall be compiled by the employer in respect of each employee at the time of his first and any subsequent engagement in the mining industry. Such record of service shall bear the employee’s pension fund number and shall be completed in duplicate, both copies being retained by the employer and the original handed to the employee on termination of service, for him to hand to his new employer on obtaining new employment in the mining industry.

(2) Employers shall record on the record of service any change in the category, class or subcategory of an employee and any specific acting appointments.

(3) Entries in both the original and duplicate of a record of service shall be made by the employer or his authorized representative.

(4) The employer shall ensure that both copies of the record of service for the period during which the employee is in his employ are properly maintained and completed to show a true and accurate record of any change in the prescribed information.

(5) In the event of the employment being terminated the duplicate of the employee’s record of service shall be retained by the employer until called for by a new employer of that employee or until the expiry of a period of 3 years after termination of employment and thereafter forwarded to the council for retention.

(6) In the event of the loss of the original record of service the employer holding the duplicate shall, on being requested to do so, provide the employee with a duly authenticated copy thereof. An employer shall impound any illegible or damaged record of service and forward it to the council.

(7) In the event of an employer ceasing operations in mining industry, all duplicate records of service in that employer’s possession shall be forwarded to the council. The council shall retain such duplicate records of service until called for by another employer.

12 (1) The provisions of this clause shall apply to grade 11 and 12 employees, in the categories 4 and 5.

(2) Any employee engaged to perform the work of a grade 11 or 12 employee in category 4 or 5, and who, at the time of his engagement, does not possess a certificate of registration for such work, shall apply to the council for such certificate within 30 days of his engagement.

(3) An application for the issue of a certificate of registration shall be supported by such documents as the council may call for from time to time.

(4) The council shall issue a certificate of registration for the work of a grade 11 or 12 employee if the applicant satisfies the council that he has—

(a) completed a learnership appropriate to such category; or

(b) undergone training equivalent to such learnership.

(5) An employee who is employed to perform the work of a grade 11 or 12 employee, and whose application for a certificate of registration is rejected by the council, shall forthwith cease to be employed in such grade.

(6) Any reference to subcategory A or subcategory C in certificates of competency issued in terms of agreements in force prior to the registration of this agreement shall be deemed to be references to grade 11 or 12 for the purposes of this agreement. Certificates of competency issued prior to the registration of this agreement shall not be invalidated by any reference to subcategory A or C.

13 (1) An employer may appoint persons as learners with the object of training them to fulfil the requirements of the subcategories—

4-11 Miners—

coal miners; or

hard rock miners; or

open cast miners (coal); or

open cast miners (hard rock).

Core drillers.

4-12 Senior overseer miner:

Provided that a subcategory 4-12 senior overseer miner shall complete a conversion learnership from a subcategory 4-11 overseer miner.

5 -11 Locomotive drivers,

Plant operators—

power station plant operators; or

refinery plant operators; or

smelter plant operators; or

concentrating plant operators; or

cyanide plant operators; or

aspiration plant operators; or

miscellaneous plant operators.

(2) Learner surveyors, laboratory technicians, assayers and geological technicians may be engaged to train under a scheme prepared by an employer or by the Chamber of Mines, acting on behalf of the industry:

Provided that—

(i) an employer who engages learners to train in one of these occupations shall advise the council of the training programme to be followed and the proposed duration of the course;

(ii) learners placed in temporary positions of responsibility shall be remunerated accordingly;

(iii) a learner shall qualify himself in first aid during his course, and shall attend first aid classes if provision is made therefor by his employer;

(iv) the programme of learnership shall be so arranged that learners shall be given every opportunity to attain proficiency in the various subjects relating to their occupations. –

(3) A learner shall be not less than 16 years of age if employed for surface work and not less than 17 years of age for underground work.

(4) The minimum educational qualification of a person appointed as a learner shall be—

(a) the attainment of 3 Grade C passes at O-Level in English, Mathematics and 1 other subject; or

(b) the attainment of a standard of education acceptable to the council as equivalent to that achieved after 4 years of secondary education; or

(c) 2 years secondary education and not less than 5 years’ experience as an employee in the category for which the learnership is to be undertaken:

Provided that an applicant for learnership relying upon paragraph (c) shall be approved by the technical subcommittee before his appointment.

(5) —

(a) In the case of all learnerships a written contract, on the prescribed form as set out in Schedule C, must be completed by employer and employee.

(b) A copy of such contract shall be transmitted council by the employer for registration within of a period of 1 month from the date of engagement of the learner.

(c) On completion of the period of learnership or ” conversion learnership“, the said contract shall be endorsed accordingly, and the form attached to the contract shall be completed and forwarded to the council. On receipt of the notification of completion of the contract, the council shaft issues to the employee concerned a Certificate of registration in the form approved by the council:

Provided that, in the case of a learner miner in subcategory 4-11 the learnership shall not be regarded as having been completed until the learner has obtained a full blasting licence.

(6) During the first 25% of the period of a contract of learnership, the employer shall have the right to cancel the contract, and the learner shall have the right to withdraw from the contract.

(7) —

(a) The period of employment as a learner shall not exceed 2 years nor, in the following eases of initial learnerships, shall it be less than—

(i) 90 shifts for learners who have completed an approved course of training at a university;

(ii) 150 shifts for learners who have completed an approved course of training at a technical college;

(iii) 300 shifts for learners in subcategory 4-11 overseer miner under the supervision of a grade 11 or higher employee nominated in the training schedule as set out in the contract of learnership:

Provided that—

(a) the shifts worked during the period of learnership shall be full underground shifts, except where instructions or demonstrations given in accordance with the training schedule are more appropriately given on surface;

(b) in the case of a learner in subcategory 4-11 who has previously completed an approved course of training in mining, the minimum number of shifts to be worked in order to complete his learnership may be reduced by the number of full underground shifts worked during his course under the supervision of a subcategory 4-11 overseer, or 90 shifts, whichever is the less;

(c) such full underground shifts worked during his previous course are authenticated by the subcategory 4-11 overseer miner giving the instruction:

(iv) 6 months for learners in subcategory 4-11, core driller;

(v) 6 months for learner power-station, smelter, and aspiration-plant operators;

(vi) 3 months for learner concentrating-plant and cyanide-plant operators and miscellaneous plant operators and learner locomotive-drivers in Sub category 5-11.

(8) If an employee has completed a learnership and then transfers to other employment in grade 11 or 12 that requires a certificate of registration in terms of clause twelve, the employer shall appoint such employee as a learner for so long as is required to enable him to familiarise himself completely with the different operations which might be involved:

Provided that—

(i) the period of learnership in such instances shall not be less than 75 shifts and not more than 300 shifts:

(ii) an employee who is undertaking a conversion learnership, as prescribed above following his transfer to the conversion learnership by his employer, shall be paid wages which are not less than those which he was receiving immediately before his transfer;

(iii) in the case of a “conversion” learnership from a subcategory 4–11, overseer miner to a 4-12, senior overseer miner, the period of employment as a learner shall be not less than 150 shifts under the supervision of a category 4-12 senior overseer miner or higher.

(9) No person shall be classed as a learner who does not follow the schedule of training as laid down in his contract of learnership:

Provided that the order in which the phases of training are carried out shall be at the full discretion of the employer.

(10) A contract of learnership may be ceded or assigned to another employer only with the written consent of the council.

(11)—

(a) except in the case of a subcategory 4-11 learner miner who has obtained a full blasting licence, learners shall not, without the written consent of the council, be placed in any position of responsibility during the period of employment as a learner, or be used as substitutes for employees under whom they are learning, except in an emergency, and for short periods only. A subcategory 4-11 learner miner who is in possession of a full blasting licence may assume the responsibilities of a subcategory 4-11 overseer miner who it absent on leave or on account of illness;

(b) learners placed in a position of responsibility or substituting for Grade 11 or 12 employees in accordance with the provisions of paragraph (a) shall be paid, as grade 11 or 12 employees as the case may be while in such position of responsibility or substituting for a grade 11 or 12 employee.

(12) A learner shall not be permitted to work overtime, except in an emergency in which event he shall be paid overtime.

(13) A learner shall attend first aid classes and qualify himself in first aid during his period of learnership.

14 (1) An employee shall perform the work prescribed specifically for his class and subcategory in the appropriate category of Schedule B.

(2) An employee may be required in certain circumstances to perform the work prescribed for any class or subcategory higher or lower than his own within or outside his category:

Provided that—

(a) an employee in an occupation provided for in Schedule B may be appointed by a person in authority to work in a higher class or subcategory for the purpose of training in the higher skills pertaining to that occupation under the direct supervision of a higher class or sub-category of employee; or

(b) outside his category, where he has been trained, tested and found competent of performing the work required of him and whilst so employed, he shall be remunerated at rates which are not less than those prescribed in the agreement.

(3) An employee in grade 10 and above may also perform work outside his category if—

(a) he has consented to do so, which consent may be withdrawn with immediate effect at any time; or

(b) the need for such work has arisen—

(i) through an emergency or unforeseen absence of another employee or to maintain essential supplies:

Provided, that the performance of such work in such circumstances shall cease 72 hours from the time when the need thereof arose; or

(ii) directly out of the job on which the employee is engaged:

Provided that the performance of such work does not constitute the main part of the job in hand, or a major operation which should be regarded as a separate job, and does not occupy the employee for a total period in excess of 8 hours.

(4) Employees in grades 4 to 9 may perform work prescribed for employees in, grades 1 to 9 outside their category under conditions similar to those set out in subclause (3),

(5) Employees in grades 1, 2 and 3 may perform work outside their categories.

15 (1) Save as provided in clause sixteen, an employer shall not require or allow an employee to work, and an employee shall not work, longer than the hours hereinafter prescribed—

(a) employees in categories 3 and 5, and category 4, bell-men, onsetters, skipmen and banksmen, 48 hours per week divided into 6 daily shifts of 8 hours each:

Provided that—

(i) extra hours at the employee’s current wage may be worked to provide for a change in shifts;

(ii) where the exigencies of the situation require it, an employee may be requested, and may agree, to work on his normal day off or a paid holiday. In such event, the additional shifts shall be paid at twice the employee’s current wage or salary for his normal shift;

(b) all other mine employees engaged on fixed or rotational shift work 48 hours per week from Monday to Saturday, divided into 8 hours daily:

Provided that notwithstanding the provisions of paragraph (a) of subclause (2) of clause sixteen extra hours at the, employee’s current wage may be worked during any day or days of the week in order to secure a corresponding reduction of hours during any other day of the week;

(c) catering employees, 48 hours per week, of which not more than 12 hours may be worked on any 1 day;

(d) employees engaged on staff work and paid on a monthly basis, 208 hours per month.

(2) —

(a) employees who are engaged in a regular alternation or rotation of shifts, which includes regular afternoon shifts or night shifts, shall not be kept on afternoon shift or night shift for more than 4 consecutive weeks without their consent;

(b) unless he agrees otherwise, an employee who is—

(i) engaged on an alternation of shifts which includes regular morning shifts and afternoon shifts or night shifts shall be placed on the morning shift for a period which is at least equal to the period spent on the afternoon shift or the night shift;

(ii) engaged on a continuous cycle of operations involving 3 shifts shall be placed on the morning shift for a period which is at least equal to half the aggregate of the period spent on the afternoon shift and the night shift;

(c) for the purposes of subparagraphs (i) and (ii) of paragraph (b)—

“morning shift” shall mean a normal shift which commences during the period between 2 a.m. and10 a.m.;

“afternoon shift” shall mean a normal shift ‘which commences during the period between 10 a.m. and 6 p.m.;

“night shift” shall mean a normal shift which commences during the period between 6 p.m. and 2 a.m.

Note —For clarification, it is stated that the provisions of this subclause do not apply to employees who are engaged on an afternoon shift or a night shift which does not form part of a regular alternation or rotation of shifts.

(3) The provisions of subclauses (4) to (8) shall apply to mine employees engaged on fixed or rotational shift work.

(4) —

(a) except in the case of catering employees, the hours worked each day shall be consecutive, except for meal- times. In the case of catering employees, the hours of work may be arranged to suit the circumstances:

Provided that no single shift shall comprise more than 3 separate working periods, nor be spread over a total period of more than 15 hours;

(b) where the work involved necessitates such action, an employer may require an employee in a category other than a catering employee, to work split shifts for a temporary period, which shall not exceed 3 consecutive days without the consent of the technical subcommittee.

(5) The hours of work of underground employees shall be calculated from bank to bank, unless the council agrees that travelling time, or a portion thereof, shall not be taken into account and that the hours of work shall be calculated in some other manner.

(6) All surface employees required to work temporarily underground shall work the same hours as underground employees, and shall be credited with the number of hours constituting their normal shift on the surface,

(7) Save as provided in clause sixteen, an employer shall not require an employee who is granted a recognized meal-time to work during his meal-time, except with his consent. An employee who is required, and does consent, to work during his meal-time shall be paid at overtime rates in respect of the period worked, or shall be allowed to end his shift at an equivalent period before the end of the normal shift.

(8) Any employee who is required to work a full shift without a recognized meal-period shall be allowed a break of 15 minutes during the course of his shift, the period of such break to be included in his normal shift hours.

16 (1) Except as provided in subclause (1) of clause fifteen, no employer shall require or allow an employee to work, overtime except in an emergency or to maintain essential supplies, or where the exigencies of the situation require that work be performed with greater rapidity than would be possible by working the normal hours prescribed or permitted by this agreement

(2) An employee who is required to work overtime shall be credited with—

(a) a full 30 minutes of overtime for the first 30 minutes or less worked on any 1 day;

(b) the actual overtime worked, taken to the nearest 30 minutes where overtime worked exceeds 30 minutes.

(3) Pay for overtime worked shall, be shown as a separate payment.

(4) The provisions of subclauses (5) to (9) shall apply to employees engaged on fixed or rotational shift work and paid by the hour or shift or day. The provisions of subclauses (10) and (11) shall apply to employees engaged on staff work and paid on a monthly basis.

(5)—

(a) in the event of an employee being required to work more than normal hours of any shift, he shall be paid for such overtime at the rate of 1½ times his current wage;

(b) an employee who is required to work on his normal day off or a public holiday shall be paid for such overtime at 2 times his current rate;

(c) extra hours worked in order to provide for a change of shifts or by arrangement between employees in accordance with the provisions of paragraph (a) of subclause (1) of clause fifteen shall be deemed not to constitute overtime.

(6) Overtime for these employees shall be calculated on an hourly wage, and, for the purpose of converting—

(a) basic earnings per shift to an hourly rate, the employee’s current basic earnings per shift shall be divided by 8;

(b) monthly basic earnings to an hourly rate, the employee’s current monthly basic earnings shall be divided by 208.

(7) An employee who is required to work overtime immediately following the end of his normal shift, or within 30 minutes thereof, shall be granted—

(a) a break of 30 minutes after the completion of 4 hours of continuous overtime, which break may be waived by the employee:

(b) a break of 8 hours after the completion of 8 hours of continuous overtime which break may be waived by the employee;

(c) a break of 16 hours after the completion of 16 hours of overtime, which break shall be compulsory.

(8) Any normal shift falling within the 16-hour compulsory break period shall be regarded as a shift worked for the purpose of calculating leave in terms of clause eighteen and basic earnings in terms of clause nineteen.

(9) Any employee required to work overtime on his normal day off shall be paid not less than 4 hours at overtime rates, and, in respect of day-off overtime in excess of 4 hours at overtime rates for the hours actually worked:

Provided that, in order to qualify for the minimum payment of 4 hours at overtime rates, he shall have completed the particular work specified by the management.

(10) In the event of an employee engaged on staff work and paid on a monthly basis other than a part-time employee, being required to work more than 208 hours in a working month, the employer shall either—

(a) pay to such employee an amount calculated at the rate of 0.75% of his basic earnings for each hour worked in excess of 208 hours:

Provided that if such employee is required to work on his normal day off or on a public holiday, an amount calculated at the rate of 1% of his basic earnings shall be paid for each hour worked: or

(b) with the concurrence of the employee, grant such employee an equivalent amount of time off by the end of the following month.

(11) In the event of a part-time employee being required to work more than X/Y multiplied by 208 hours in a working month, the employer shall either—

(a) pay to such part-time employee an amount calculated at the rate of 0,75% of his basic earnings for each hour worked in excess of X/Y multiplied by 208 hours:

Provided that if such employee is required to work on his normal day off or on a public holiday, an amount calculated at the rate of 1% of his basic earnings shall be paid for each hour worked; or

(b) with the concurrence of the part-time employee, grant such part-time employee an equivalent amount of time off by the end of the following month..

Note:- For the purposes of this subclause —

X is the number of hours in a 26 working-day month worked by the part-time employee under normal circumstances; and

Y is the number of hours in a 26 working-day month normally worked by a full- time employee in the same occupation or department.

17 (1) Subject to clause twenty, an employer may appoint an employee, in writing, for stand-by duty. Any employee so appointed shall perform such duty when called upon to do so.

(2) Except in an emergency, or where, due to sickness or leave, shorter notice is unavoidable, an employee appointed for stand-by duty shall be given not less than 72 hours’ notice of such duty.

(3) An employee who is appointed for stand-by duty shall remain in his usual residence outside normal working hours or, if he wishes to visit the mine club or another place or mine property or any place which is not on mine property, but which has been approved by his employer, shall keep the person on call-out duty advised of his whereabouts.

(4) Except by mutual agreement, an employee who has completed a period of 7 consecutive days on stand-by duty shall be allowed a period of at least 7 days before being called upon to undertake a further period of stand-by duty.

18 (1) Annual leave shall be granted in accordance with the provisions as set out in Schedule D.

(2) An employee may take up to 7 days per annum of the annual leave provided for in Schedule D as single days of casual leave or in periods of less than 6 consecutive day’s leave. Leave in excess of 7 days per annum may only be taken as single days or in periods of less than 6 consecutive working days with the approval of the employer.

(3) All leave, other than sick-leave, shall be paid at the employee’s current basic earnings at the time when leave is taken and annual leave shall be paid before an employee proceeds on leave, provided the leave period is in excess of 7 consecutive days.

Sick-leave shall be paid at the rate prescribed in subclause (12).

(4) In computing leave due to employees in terms of Schedule D—

(a) Sundays, or an employee’s normal day off, falling during the period of leave shall not be taken into account;

(b) an extra day’s leave shall be allowed for any paid holiday which falls within a period of leave.

(5)—

(a) all annual leave shall be taken at the convenience of the employer and, with the exception of days taken as casual days, shall be subject to 14 days’ notice being given on either side of the requirement, subject to the provisions of subclause (7), or the wish to take such leave; and

(b) no employee may be compelled to take leave within 6 months of resumption of duty after a previous leave:

Provided that such previous leave taken amounted to not less than ⅔ of his annual leave entitlement:

(6) —

(a) any employee recalled to work before completion of his annual leave shall be granted a refund of any direct additional expenses incurred, plus a proportion of overhead costs, such as hotel and travelling expenses based upon the relation between the amount of annual leave not taken as a result of such recall and the total leave granted;

(b) where leave is postponed at the request of an employer, after it has been applied for and has been granted by the employer, an employee shall be entitled, upon production of the requisite receipts, to a full refund of any non-returnable accommodation or travelling deposits made by him

(7) Every employee may accumulate annual leave for a period not exceeding twice the total leave due in terms of Schedule D;

Provided that—

(i) an employee wishing to proceed on extended leave shall be permitted, by arrangement with his employer, to accumulate leave for a period not exceeding 3 times the total leave due in terms of Schedule D;

(ii) where an employee accumulates leave in excess of the maximum provided for in this subclause, the excess shall not be forfeited if it has been accumulated as a result of the employer requesting the employee to defer the taking of his leave.

Note:—Leave accruing during the current leave year shall not be taken into account in reckoning the total amount of leave which has been accumulated by an employee for the purpose of this subclause.

(8) Any employee who has completed not less than 6 month’ continuous service shall receive cash in lieu of annual leave on termination of employment, such payment being in respect of that portion of the annual leave which has been earned to the date of termination.

(9)—

(a) those days that are prescribed as public holidays in terms of the Public Holidays and Prohibition of Business Act [] shall be deeChapter 10:21med to be paid holidays:

Provided that, in order to quality for payment in respect of any such paid holidays, an employee shall work on both the working day before and the working day after such holiday, unless he is absent on leave or through illness which is supported by a medical certificate;

(b) an employer may require an employee to work on a paid holiday in which event the employer shall either—

(i) with the consent of the employee grant the employee leave of absence on another day instead of the paid holiday, and pay him not less than his daily wage or salary in respect of the paid holiday and that other day; or

(ii) pay the employee for work done on the paid holiday, at the following rates, in addition to paying him his daily wage or salary in respect of the paid holiday for each hour of work done for the day of the week on which the paid holiday falls, at not less than twice the current daily wage or salary of the employee.

(10) No employee shall undertake any paid employment during any period of leave taken in terms of this clause.

(11) Payment in lieu of annual leave may be made by mutual arrangement between employer and employee. Leave for which such payment is made shall not count as service qualifying for further leave.

(12) Upon production of satisfactory proof, in the form of a doctor’s certificate, to the effect that, for a reason to be stated therein, absence from duty is essential, an employee shall, after 6 months’ continuous service with the same employer, be entitled to sick leave at his normal rate of pay at the time of becoming sick for the first 26 working days and at half such rate of pay for the following 26 working days of sickness in any 1 year of service:

Provided that—

(i) an employee shall not be entitled to receive any pay whilst absent on sick-leave if his incapacitation has been caused by his wilful misconduct or gross negligence;

(ii) any periods of absence on sick-leave in excess of 52 working days shall not be counted as service for the purpose of assessing normal leave entitlement;

(iii) where no doctor is available, the employer shall accept a certificate signed by a State registered or State certified nurse who is in the service of the employer.

(13) Female employees who are forced to withdraw their services because of pregnancy shall be entitled to paid leave and other benefits as prescribed in the Act, and as set out in Schedule D.

(14) Part-time employees engaged in terms of subclause (9) of clause nineteen shall be entitled to the same leave and leave privileges as a full-time employee in the same grade.

19 (1) Every employer, having placed each employee in a subcategory appropriate to his trade or occupation as provided for in clause ten, shall pay to such employees at least the amount prescribed in Schedule E and no employee shall accept an amount less than that prescribed for him.

(2) After having commenced work, no employee shall be paid less than the wage payable for a full day or shift, unless—

(a) he is removed from his working place and sent home for being under the influence of alcohol or drugs or has been suspended in terms of regulations made in terms of the Labour Act, [Chapter 28:01] ; or

(b) he ceases work of his own accord for reasons other than sickness or an accident which is sufficiently serious to justify cessation of work, and which has been duly reported to his immediate superior.

(3) No employer shall enter into a contract of employment with an employee in grades 1 to 13, which provides for the payment of basic earnings which includes an allowance for a fixed amount of overtime, without the approval of the council. Application for approval to pay a wage which includes any allowance for fixed amount of overtime must be accompanied by a copy of the contract of employment and full details of the basic earnings would be paid exclusive of overtime, the amount of overtime to be included in the basic earnings, the basic earnings to be paid including the allowance for overtime and the rate at which additional overtime will be paid.

(4) Save with the written consent of the employee, an employer may not alter or reduce his rate of pay.

(5)—

(a) Except when his employment has been terminated—

(i) all basic earnings and overtime earned by an employee up to the end of each working month shall be paid within 7 working days of such end;

(ii) all allowances or other like benefits prescribed in this agreement and due to an employee shall be paid not less frequently than once per month, and within 7 working days of the end of the period to which such allowances relate;

(iii) all bonus payments or other like benefits due to an employee shall be paid within 14 working days of the end of the period to which such bonus payments relate;

(b) if the employment is terminated by the employer, payment of all moneys due shall be made on the last day worked;

(c) if the employment is terminated by the employee, payment of all moneys due shall be made on the last day worked, or on the day on which due notice of termination, if given, would have expired, whichever is the later;

(d) all basic earnings and overtime payments shall be accompanied by a wage-slip showing—

(i) the name and subcategory of the employee;

(ii) the basic earnings;

(iii) where appropriate, the number of days being paid for;

(iv) the total earnings due;

(v) the amount of any allowances;

(vi) details of overtime worked and being paid for; and

(vii) full details of deductions being made;

(e) payments made under any incentive scheme shall be accompanied by a wage-slip showing the basis upon which the payment has been calculated.

(6) Where an employee is engaged on task-work, he shall be paid for a full day or shift, even though he may complete his task within the 8-hour period, and shall be paid overtime for any period worked in excess of 8 hours.

(7) An employer who operates an incentive scheme shall make available, in writing, to every employee affected thereby a copy of the conditions attaching to the scheme, and shall advise the employee of any amendments which are to be introduced.

(8) Basic minimum earnings shall be paid in accordance with those set out in Schedule E.

(9) Part-time staff employees shall be remunerated at a rate which is not less than X/Y of the minimum salary prescribed for the occupation concerned where —

‘X’ is the number of hours in a week to be worked by the part-time employee under normal circumstances; and

‘Y’ is the number of hours in a week normally worked by a fulltime employee in the same occupation or department.

20 Allowances shall be paid in accordance with the provisions as set out in Schedule F.

21 Where an employee in grade 4 or higher is required, to act in a temporary capacity for a more senior employee for a continuous period of 2 weeks or more, the employer shall make a formal acting appointment, in writing, and shall endorse his record of service accordingly. The written appointment shall form an addendum to the employee’s contract of employment:

Provided that—

(i) where circumstances warrant such action, an employer may specifically appoint an employee in grade 4 or higher to act for a more senior employee for a period of less than 2 weeks;

(ii) employees who have been appointed to act for more senior employees for periods of 2 weeks or more and employees who have been specifically appointed, in writing, to act for more senior employees for periods of less than 2 weeks shall be entitled to receive the allowance prescribed in Schedule F.

22 (1) When so requested by an employee, in writing, in the form prescribed by the trade union, an employer shall deduct from the wage of such employee—

(a) the subscription and life, accident and medical insurance premiums due to the trade union; and

(b) such other contributions to the trade union as may be authorized by the council:

Provided that employers may refuse to make such deductions if it is proved to the satisfaction of the council, that undue influence or coercion has been, or is being, exercised by members of the trade union to compel non-members to become members thereof.

(2) —

(a) any request by an employee to have the subscriptions and life, accident and medical insurance premiums due to the trade union deducted from his wages may be cancelled only on the giving of 1 month’s notice in writing;

(b) should an employee give due notice of cancellation but remain in the employer’s service, the employer shall note the cancellation on his next return of contributions and premiums to the trade union;

(c) where an employee who has requested that subscriptions and premiums due to the trade union be deducted from his wages and has not cancelled such request and terminates his employment, for any reason, the employer shall ensure that the subscriptions and premia are deducted from his final pay.

(3) No other stoppages or deductions shall be made by an employer from the wages of an employee, save in respect of—

,

(a) the subscriptions and accounts due to any mine club; and

(b) subject to the provisions of clauses twenty-three and twenty-four, the rents of, and charges for electric light, power, water and services supplied to premises rented by an employer to any employee; and

(c) accounts of boarding-houses and lodging-houses approved by the employer; and

(d) subscriptions to any medical or sick-benefit fund recognized by the employer; and

(e) deductions referred to in clause twenty-seven; and

(f) subject to the approval of the council, such sums as may be mutually agreed upon, in writing, between the employer and the employee; and

(g) contributions in terms of the Industrial Agreement: Mining Industry (Pension Fund) in force from time to time, or to any pension or provident fund established by the employer and approved by the council; and

(h) deductions in respect of the supply, on a repayment basis, of boots and eating utensils, and in respect of the loss of, or damage to, protective and other clothing and equipment, as set out in Schedule G, issued to employees by the employer free of charge; and

(i) such other sums as the employer may by law be obliged to deduct.

23 An employer who supplies an employee with accommodation in a building of permanent construction on mine property shall be entitled to charge a rental or maintenance charge therefor in accordance with the provisions as set out in Schedule H and to deduct such charge from the earnings of the employee,

24 Where an employee is resident in accommodation provided by the employer and is supplied by the employer with water, electricity, fuel or refuse removal services, the employer shall be entitled to levy charges for such services in accordance with the provision as set out in Schedule H, and to deduct such charges from the earnings of the employee.

25 (1) Except in the case of summary dismissal, notice of termination of employment of 26 working days shall be given and confirmed , in writing , by the employer or employee, as the case may be.

[amended by SI 109/93 with effect from the 26th February,1993]]

(2) An employee who is in occupation of premises belonging to his employer shall—

(a) if he occupies married quarters and his employment is terminated, he shall be allowed a reasonable period of not less than 21 days from the date of termination of employment to vacate such premises; or

(b) if he occupies married or single quarters and resigns his employment, be allowed not less than 24 hours from the termination of his employment to vacate such premises;

Provided that, in the case of approved summary dismissal, the employer shall have the right to require the employee to quit mine property immediately and, if the employee has been occupying married quarters, to remove his family and possessions from such premises within a period of not less than 7 days.

(3) Except in the case of approved summary dismissal, no employee shall be discharged whilst absent, either on leave or due to sickness of not more than 6 months’ duration, or within 7 days after his return to duty therefrom :

Provided that—

(i) where sickness is unnecessarily prolonged by the employee’s negligence or by his failure to accept reasonable medical attention, the employee may be discharged after a period of 2 months. In such case, and before taking action to dismiss the employee, the employer shall notify the trade union of his intention;

(ii) an employee may not claim the protection given by this subclause more than once in any period of 30 days.

(4) An employee who uses his own tools shall, during the period of notice, be given time to put his tools in working order during his ordinary working hours.

26 Each employer shall provide suitable facilities for the safe keeping of employees’ tools. Upon receipt from the employee of a list of his tools and the value thereof, the employer shall, at his expense, insure the tools against risk of loss by fire or breaking and entering, or indemnify the employee against those risks.

27 (1) For the purpose of meeting the expenses of the council, each employer shall deduct the appropriate sum specified in subclause (2) of clause 13 of the Council’s Constitution from the earnings of each of his employees each working month :

Provided that, in the case of an employee who has been in employment for less than 2 weeks, no deduction shall be made.

(2) A like amount shall be paid by each employer, and all such amounts shall be paid by the employer to the council not later than the 15th day of each calendar month in respect of the preceding working month’s dues, and shall be supported by a statement in the form prescribed by the council.

28 An employer shall give to an employee who is a representative of the trade union on the council, or any committee appointed by the council, paid leave to attend to his duties in connexion with the work of such body :

29 (1) Employers shall grant unpaid leave of absence to office-bearers and officials of the trade union for the purpose of attending to the business of the union:

30 (1) The employer shall provide—

(a) suitable gas-masks or respirators for the use of employees who have to work in a place where excessive fumes or dust are present;

(b) fresh drinking-water, free from contamination, for employees at convenient places;

(c) oilskins or raincoats for the use of employees who have to work in wet places, or who are exposed to the elements while carrying out normal duties;

(d) necessary protective clothing, including overalls or dustcoats, for all employees whilst engaged on work which, involves bodily contact with accumulations of oil, grease, tar, corrosive chemicals or carbon, other than coal;

(e) such protective clothing as is necessary for employees engaged in work which exposes them to hot or burning particles, or to corrosive substances—

(i) in the case of blacksmiths, boilermakers, plater/welders and welders, the protective clothing to be issued shall include overalls, leather gauntlets, gloves, leather aprons, leather anklets and goggles;

(ii) in the case of other employees exposed from time to time to hot or burning particles or corrosive substances, the employer, shall make available such articles of protective clothing as are required by the circumstances of the particular operation;

(f) a hard hat, cap-lamp, and belt and boots to every underground employee, and such safety, equipment as is required by regulations, published in terms of the Mines and Minerals Act [Chapter 21:05], as amended from time to time;

(g) uniforms for all waiters and chefs;

(h) suitable uniforms and footwear for hospital and clinic staff and security guards;

and shall replace these items in cases where it is shown that damage has genuinely occurred in the course of their employment :

Provided that—

(i) where the employer provides protective clothing in terms of this clause, the employee shall continually wear such protective clothing only while engaged in the type of work specified in this clause;

(ii) any such protective clothing issued in terms of this clause shall remain the property of the employer, and the employee shall refund to the employer the cost of replacing or repairing any such articles lost by the employee or damaged through the gross negligence or wilfulness of the employee, less a reasonable deduction for fair wear and tear.

(2)

[subclause (2) deleted by SI 109/93 with effect from the 26th February,1993.]

31 The code of conduct and grievance procedure set out in Schedule J shall be observed by all employers and employees:

32 (1) Underground and mill workers for whom protective clothing has not been supplied, shall be entitled to receive from their employer 2 free issues per annum of overalls, or other suitable working ,clothing for use whilst at work:

33 (1)—

(a) a permanent transfer shall be deemed to be a transfer for a period that is in excess of 3 months;

(b) a temporary transfer shall be deemed to be a transfer for a period of not more than 3 months:

Provided that where a transfer is necessitated because of a specific project undertaken by the employer for a period not exceeding 6 months, the transfer shall be deemed to be temporary.

(2) In the case of a permanent transfer —

(a) the employer shall be required to give 1 month’s notice to the employee of his intention, to transfer:

Provided that in the case of an emergency any employee may be transferred without notice;

(b) transport shall be provided by the employer to convey the employee, his registered dependants and their personal and household effects to the new location:

Provided that if transport is not provided, the employer shall re-imburse the employee for his transport expenses as agreed and arranged by the employer;

(c) the employer shall meet the cost or make provision to ensure that any damage or loss to the employee’s personal and household effects in the course of his transfer is made good;

(d) in the event of an employee being permanently transferred at the request of the employer, the employer shall meet the costs of the following—

(i) transport as, provided for in clause thirty-three (2)(b);

(ii) any interim accommodation that may be required by the employee while in transit;

(iii) storage of household effects;

(iv) damage to personal and household effects, as provided for in clause thirty-three(2)(c)

(3) In the case of a temporary transfer—

(a) the employer shall be required to give 7 days’ notice to the employee of his intention to transfer:

Provided that in the case of an emergency an employee may be transferred without notice;

(b) transport shall be provided by the employer to convey the employee and his personal effects to the new location:

Provided that if transport is not provided, the employer shall re-imburse the employee for his transport expenses as agreed and arranged by the employer;

(c) the employer shall make appropriate accommodation arrangements for the employee at the new location;

(d) in the event of an employee being temporarily transferred at the request of the employer, the employer shall meet the costs of the following—

(i) transport as provided for in clause thirty-three (3) (b);

(ii) suitable accommodation that may be required by the employee while in transit.

Contract workers

[clause 34 inserted by SI 109/93 with effect from the 26th February,1993.]

34 (1) Any contract of employment in respect of a contract worker engaged for—

(a) a time period, shall specify the starting and terminating dates of that period;

(b) a project or task, shall establish a clear understanding of both parties as to the beginning and end of the task or project or those points during the build up or winding down thereof, at which the contract of employment starts and terminates;

and no further period of notice shall be required:

Provided that the employer and employee may mutually agree, in writing, to the termination of the contract.

(2) A contract worker shall not be entitled to take leave, but shall be paid the cash equivalent of any leave accrued in terms of this agreement in lieu thereof at the terminating date:

Provided that where a contract worker is employed for a period in excess of 1 year annual leave may be taken in accordance with the terms of this agreement.

(3) Remuneration of a contract worker shall be as follows–

(a) in the case of a worker engaged on a fixed time contract he shall be paid at least the minimum rate laid down in the NEC Agreement for his job, together with all appropriate allowances, in accordance with the terms of this agreement;

(b) in the case of a worker engaged on a project or task the remuneration shall be negotiated and agreed upon by the parties.

(4) At the discretion of the employer a contract worker who is employed for a continuous period of more than 3 months, shall participate in the Mining Industry Pension Fund in accordance with the rules of that Fund or be paid a gratuity of 5% of the employee’s total basic earnings during the duration of the contract in lieu of the employer’s contribution to the M.I.P.F.

Note:—For the purpose of this clause the term “continuous period ” shall have the same meaning as “continuous service” as defined in clause 1 of the agreement.

SCHEDULE A
CATEGORIES, CLASSES AND SUBCATEGORIES OF EMPLOYEES
(CLAUSE 10): SKILLED WORKER (DESIGNATED TRADES) OCCUPATIONS

Skilled Worker Class I

Employees who have been certificated or registered as journeymen or skilled workers Class 1 by the Ministry of Labour, Manpower Planning and Social Welfare or who hold a journeyman registration certificate issued by an Industrial Council before 1st March, 1982, in the trade concerned. Such certified or registered employees will equate to grade 11 or 12 of Schedule B.

Skilled Worker Class 2

Employees who have been certificated or registered as skilled workers Class 2 by the Ministry of Labour, Manpower Planning and Social Welfare. Grade 9 employees in Schedule B will be regarded as equivalent to Class 2 skilled workers in the appropriate trade.

Such employees will work unsupervised to the same standard and using the same degree of skill as a journeyman, but only on specific tasks for which they have been trained to carry out

Jobs shall include routine diagnostic, dismantling, repair, replacement and assembly work involving setting, measuring, aligning, adjusting and gauging operations.

Incumbents shall have been trained to use sophisticated hand and machine tools appropriate to their trade and task assignments.

Skilled Worker Class 3

Employees who have been certificated or registered as skilled workers Class 3 by the Ministry of Labour, Manpower Planning and Social` Welfare. Grade 6 employees in Schedule B will be regarded as equivalent to Class 3 skilled workers in the appropriate trade until such time as they have been registered by the Ministry of Labour, Manpower Planning and Social Welfare as skilled workers, in a class appropriate to their levels.

Such employees will work unsupervised on specific tasks for which training has been- given and possess the appropriate basic skills.

Jobs shall include routine dismantling, measurement, repair, replacement and assembly work.

Incumbents shall be able to use basic hand and machine tools which do not involve enumerative and/or interpretive decisions other than safe operations and which are appropriate to their trade.

Skilled Worker Class 4

Employees who have been certificated or registered as skilled workers Class 4 by the Ministry of Labour, Manpower Planning and Social Welfare. Grade 4 employees in Schedule B will be regarded as equivalent to Class 4 skilled workers in the appropriate trade until such time as they have been registered by the Ministry of Labour, Manpower Planning and Social Welfare as skilled workers in a class appropriate to their skills levels.

Such employees will work either—

(a) as an assistant to a higher grade employee on tasks for which training has been given; or

(b) unsupervised on specific tasks for which training has been given.

Such employees shall have, or be in the process of learning, the appropriate basic skills.

Jobs shall include when working unsupervised, the routine dismantling, repair and replacement of basic components and lubrication.

SCHEDULE B
CATEGORIES, CLASSSES AND SUBCATEGORIES OF EMPLOYEES
(CLAUSE 10)

For the purposes of this Schedule, the following definitions shall apply: —

Note.—Any reference made in this Schedule to the “Grade” of an employee shall be defined as having the same meaning as the subcategory in whatever category that occupation occurs. Grading in the context of this agreement is based on the Paterson principle of job evaluation:

“beerhall” means an establishment required to hold a Beerhall Liquor Licence in terms of the Liquor Act [Chapter 14:12];

“beerhall controller Grade 9” means an employee responsible for 1 or more bars on a mine with over 1 000 employees;

“beerhall controller Grade 8” means an employee responsible for 1 or more bars on a mine with between 500 and 1 000 employees;

“beerhall supervisor” means an employee responsible for 1 or more bars on a mine with less than 500 employees;

“chief sampler” means an employee who is in charge of at least 3 samplers (Grade 7) and who is directly responsible to management for the accuracy of all sampling operations and ore reserve calculations;

“chief timekeeper” means an employee who supervises and coordinates the work of 2 or more timekeepers:

“clerk (Grade 6)” means an employee, other than a senior clerk, whose duties include 1 or more of the following functions—

calculating and making up wages, production, quantities received and stores issued or consumed; collating figures and making up periodical returns from records kept by clerks (Grade 5) or clerks (Grade 2) verifying the receipt and/or dispatch of mine stores, equipment and similar articles, ensuring the entry of their details in ledgers and allocating them to their proper places; collating timekeeping records prepared by clerks (Grade 5) or clerks (Grade 2); checking for, and reporting on, anomalies;

“clerk (Grade 5)” means an employee, other than a senior clerk. whose duties may include the operation of a telephone appliance and shall include 1 or more of the following functions—

keeping simple records such as stores, absence, timekeeping, leave, labour-control, health, matters incidental to personnel administration, efficiency, production and similar records weighing and measuring products and materials; maintaining registers and/or ledgers and/or tally-sheets; filing in numerical, alphabetical or chronological order; keeping the incoming and outgoing letter register; physically issuing stores ;

“clerk (Grade 2)” means an employee who carries out, under supervision, routine clerical work not elsewhere specified;

“club” means an establishment operating under a Club Liquor Licence or Occasional Liquor Licence in terms of the Liquor Act [Chapter 14:12];

“designated trades” means those skilled worker occupations which relate to the mining industry as follows—

blacksmithing;

boilermaking, plater/welding and welding;

electrician or electrical fitting;

fitting and turning (including machining) or fitting (including machining) or turning (including machining);

motor mechanics (to include diesel and tractor mechanics and auto electrician’s work);

diesel plant fitting;

plumbing/drain laying or sheet-metal working;

rigging;

instrument mechanic’s work;

refrigeration mechanic’s work;

bricklaying or plastering or masonry;

carpentry or carpentry/joinery;

painting and decorating or glazing;

millwrights work;

miscellaneous trades;

“miscellaneous trade” means any designated trade other than those covered by the trades categorized above;

“draughtsperson” means an employee with an Advanced Technical Certificate, a Higher National Certificate or an equivalent qualification in draughting, who has completed a pupilage and who is familiar with general planning and detailed design of materials, handling plant, shaft installation and general equipment applicable to mining or heavy industry;

“fibre-testing laboratory assistant (Grade 6)” means an employee who has had at least 2 years’ experience as a fibre-testing laboratory assistant and who is capable of performing all the standard test methods and applying amendments, and who is involved in the training of fibre-testing laboratory assistants (Grade 5) and (Grade 4);

“fibre-testing laboratory assistant (Grade 5)” means an employee who has had at least 1 year’s experience in a fibre-testing laboratory, and who is capable of performing all the standard test methods;

“fibre-testing laboratory assistant (Grade 4)” means an employee who is receiving on-the-job training, and who has less than 1 year’s experience in a fibretesting laboratory, and who is capable of performing some of the standard test methods;

“general engineering draughtsperson (unqualified)” means an employee who does not hold the qualifications required of a draughtsperson but who has had experience in mechanical and/or structural and/or building engineering drawing;

“head or principal State Certified Nurse” means the State Certified Nurse appointed by the employer to be in charge of other State Certified Nurses;

“junior supervisor” means an employee who is appointed to exercise general supervision over Grades 1, 2 and 3 employees in the fire-station, geology department, school, labour controller’s office. rescue station, sampling office, mine store, survey office, general office, including printing and duplicating and messengers, estates department, assay office, kitchens, beerhalls, transport office, high-density villages, safety and study departments and wherever supervision is required but no specific subcategory is provided for;

“laboratory technician (Grade 11)” means an employee who has had at least 4 years experience in an analytical laboratory or who has completed a 2 year learnership as a laboratory technician plus at least 2 years further experience in an analytical laboratory, and is in possession of the City and Guilds Chemical Technician’s Certificate, Part II or its equivalent;

“laboratory technician (Grade 9)” means an employee who has had it least 3 years’ experience in an analytical laboratory, or who has completed a 2 year learnership as a laboratory technician plus at least 1 years further experience in an analytical laboratory and is in possession the City and Guilds Chemical Technician’s Certificate, Part 1, the Metallurgical Assayer’s Intermediate Diploma, or the Zimbabwe National Technician’s Certificate in Science Technology;

“laboratory assistant (Grade “7)” means an employee who has had at least 3 years’ experience in an analytical laboratory and is engaged in work of a varied nature;

“laboratory assistant (Grade 6)” means an employee who has had at least 1 year’s experience in an analytical laboratory and is engaged in work of a varied nature;

“laboratory assistant (Grade 4)” means an employee who is employed in that capacity in an analytical laboratory and is engaged in work of a routine repetitive nature;

“mobile equipment” means—

“heavy mobile equipment” means bulldozers over 75 kilowatts, mechanical excavators with bucket capacities of more than 0,76 cubic metres, scrapers with capacities of more than 7,65 cubic metres;

“light mobile equipment” means bulldozers of less than 37,5 kilowatts and shovel-loaders with bucket capacities of less than 0,28 cubic metres, other than those used underground, and forklifts;

“medium mobile equipment” means bulldozers of 37,5 to 75 kilowatts, mechanical excavators with bucket capacities of less than 0,76 cubic metres, shovel-loaders with bucket capacities of more than 0,3 cubic metres, excavators and wheel loaders (all sizes) scrapers with capacities of less than 7,65 cubic metres;

“paymaster” means an employee who is responsible for the overall supervision of the receipt and payment of cash in respect of remuneration and vouchers, controls petty cash and cash payments, receives and deposits cash and cheques, supervises pay clerks and reconciles all payments and receipts with the accountant or mine secretary;

“plant operating” means the operation of pumping-plants, compressor-plants, flotation-plants, leaching-plants, cyanide-plants, aspiration-plants, crushing-plants, concentration-plants and other ore-treatment plants, and plants in power-stations, refineries and smelters;

“record keeping” means—

(a) Basic: Form filled in by recording location/machine No./ type and/or reading gauges, and/or observing and indicating from given responses measuring to nearest cm (Grade 4);

(b) Routine: Combination of Basic Records with written observations and/or deductions (conclusions) called to nearest mm (Grade 6);

(c)Advanced: Routine records with recommendations and/or instructions for following shifts (Grade 9);

“rigger” includes rigger/ropemen;

“sampler (Grade 7)” means an employee who qualifies as a sampler (Grade 4) but who, in addition carries out all necessary sampling calculations, including those of individual ore reserve blocks;

“sampler (Grade 4)” means an employee who carries out sampling operations including the transfer of his own and other sampling records from field books to main sampling ledgers;

“secretarial assistant” means an employee who, acting on the instructions of the manager, mine secretary or assistant mine secretary, may be required to carry out a variety of non-routine clerical duties, including the supervision and co-ordination of the work of senior clerks employed on a mine;

“senior clerk” means—

(a) an employee who, in addition to any other clerical duties which he may be required to perform, is required to supervise and co-ordinate the work of 2 or more clerks(Grade 6); or

(b) an employee who, while not supervising the work of clerks (Grade 6), has been appointed as a senior clerk by his employer;

“skilled worker” means a person who has been certificated or registered by the Ministry of Labour, Manpower Planning and Social Welfare as a journeyman or skilled worker Class I, II, III or IV, or holds a journeyman registration certificate issued by an Industrial Council before 1st February, 1982 and recognized by that Ministry, or who possesses a qualification recognized by that Ministry as the equivalent of that of a skilled worker and has in consequence been exempted from certification or registration and may perform work in the skilled worker category in terms of this Agreement;

‘timekeeper” means an employee who controls the recording of employees’ hours and shifts worked, bonuses, overtime allowances and of deductions to be made, ensures preparation of remuneration schedules, ensures that conditions of service as prescribed by industrial and/or company agreements are complied with, controls labour returns and leave and termination payments, prepares income tax returns and supervises assistants and/or time clerks;

“typist” means an employee engaged wholly or substantially in operating a type-writing machine, but does not include a dictating machine typist or a shorthand typist;

“typist, dictating-machine” means an employee who is required from time to time to transcribe, on a typewriter, material recorded on a dictating-machine;

“typist, shorthand” means an employee who is required from time to time to record dictation in a system of shorthand, whether manually or mechanically recorded, and to transcribe such shorthand on a typewriter:

Provided that the minimum speeds obtained shall be—

Shorthand—80 words per minute;

Typing—50 words per minute.

Note.—As clerical employees are employed in a variety of functions, the above may be more closely identified by reference to the mine department in which they carry out their duties. The department(s) in which they have worked shall be shown on their records of service.

CATEGORY 1—ADMINISTRATION AND CLERICAL

Subcategory 1-1:

Office cleaner.

Gardener.

General labourer.

Subcategory 1-2:

Clerk.

Messenger.

Duplicating machine operator.

Waiter.

Subcategory 1-3:

Security guard (unqualified).

Telephone operator.

Subcategory 1-4:

Chef.

Clerk/Typist.

Junior supervisor.

Mobile equipment operator (as described in category 5-4).

Security guard (qualified).

Senior telephone operator.

Subcategory 1-5:

Accounting machine operator.

Clerk.

Security corporal.

Storeman.

Typist.

Subcategory 1-6:

Accounts assistant.

Clerk.

Subcategory 1-7:

Data controller.

Typist dictating machine.

Security sergeant.

Senior clerk.

Subcategory 1-8

Assistant security officer.

Typist, shorthand.

Subcategory 1-9:

Bookkeeper.

Paymaster.

Secretarial assistant.

Storekeeper.

Timekeeper.

Subcategory 1-11:

Administrative assistant.

Assistant accountant.

Assistant chief storekeeper.

Assistant mine Secretary.

Budget controller.

Buyer.

Chief timekeeper.

Computer programmer.

Junior programmer/analyst.

Subcategory 1-12:

Computer programmer/analyst.

CATEGORY 2—PERSONNEL

[amended by SI 191/91 with effect from the 26th July,1991]

Subcategory 2-1:

General labourer.

Subcategory 2-2:

employees working as waiters or township cooks.

Messenger.

Clerk.

Subcategory 2-3:

Meter reader.

Security guard (Unqualified).

Welfare worker.

Subcategory 2-4:

employees working as chefs or head waiters.

Clerk/Typist.

Beerhall barman.

Junior supervisor.

Security guard (qualified).

Sports officer or coach.

Vehicle driver (as described in category 3).

Welfare supervisor or instructor.

Subcategory 2-5:

Assistant welfare officer.

Clerk.

Club barman.

Security corporal.

Typist.

Vehicle driver (as described in category 3).

Subcategory 2-6:

Assistant beerhall supervisor.

Clerk.

Vehicle driver (as described in category 3).

Subcategory 2-7:

Beerhall supervisor.

First aid trainer.

Security sergeant.

Senior clerk.

Township supervisor.

Township club supervisor.

Typist — dictating machine.

Welfare officer.

Subcategory 2-8:

Beerhall controller (Grade 8).

Labour controller.

Personnel assistant.

Training assistant.

Typist—shorthand.

Subcategory 2-9:

Assistant personnel officer.

Assistant training officer.

Beerhall controller Grade 9).

Club controller.

Secretarial’ assistant.

CATEGORY 3—ENGINEERING

Subcategory 3-1:

General labourer.

Subcategory 3-2:

Clerk.

Messenger.

Subcategory 3-3:

Plant operator (as described in category 5).

Subcategory 3-4:

(a) Other occupations:
clerk/typist;

junior supervisor;

vehicle driver—employees who possess Class 4, 5 or 6 licences and

who are engaged in driving light vehicles, heavy vehicles not

covered by Class 1 or 2 licences or tractors:

Notes:

(1) where classes of drivers’ licences or classes of vehicles are referred to above, they shall have the same meaning as is assigned to them in the Road Traffic Act, [ Chapter 13:11];

(2) in cases where vehicles are driven on private roads, for which no State driver’s licence is necessary, the drivers of such vehicles shall be assigned to the appropriate subcategory, on the assumption that State licences are required;

locomotive driver (as described in category 4);

mobile equipment operator (as described in category 4);

plant operator (as described in category 5);

(b) Designated trades: (Skilled Worker Class 4):

Subcategory 3-4:

blacksmithing;

boilermaking, plater welding and welding;

electrician and electrical fitting;

fitting and turning (including machining). or fitting (including turning), or turning (including machining);

motor mechanic’s work (to include diesel and tractor mechanics and auto-electricians, work);

diesel plant fitting;

plumbing and sheet metal working;

rigging.

Employees who are employed as assistants to artisans, skilled worker class 1, 2 or 3, or to subcategory 3-6 or 3-5 employees in the appropriate trade and who, whilst rendering such assistance, are themselves required or authorized to perform such work as is prescribed for the relevant subcategory 3-5 employees:

Provided that the subcategory 3-4 employee shall at all times work under the direct supervision of the skilled worker Class 1, 2 or 3 who has been certificated in an engineering trade or the subcategory 3-6 or 3-5 employee when performing the work prescribed for the subcategory 3-5 employee.

With the exception of a subcategory 3-4 electrician who is not under direct supervision and who takes charge of the issue, receipt, charging and routine maintenance of cap lamps.

Subcategory 3-4:

instrument mechanic’s, work;

refrigeration mechanic’s work.

Employees who are employed as assistants to artisans or skilled workers Class 1 in these trades and who, whilst rendering such assistance, may themselves not perform skilled work normally performed by a subcategory 3-12 employee or skilled worker Class -1:

Provided that a subcategory 3-4 employee in these trades shall at all times work under the direct supervision of the artisan or skilled worker Class 1 that he is assisting.

Subcategory 3-4;

bricklaying or plastering or masonry;

carpentry and joinery;

painting and decorating or glazing.

Employees who are employed as assistants to artisans, skilled worker Class 1, 2 or 3 or to subcategory 3-7 or 3-6 employees in the appropriate trade and who, whilst rendering such assistance are required to perform such work as is prescribed for subcategory 3-7 or 3-6 employees.

Provided that the subcategory 3-4 employee shall at all times work under the direct supervision of the skilled worker Class 1, 2 or 3 who has been certificated in the respective trade of the subcategory 3-7 or 3-6 employee when performing the work prescribed for the subcategory 3-7 or 3-6 employee.

Subcategory 3-4:

miscellaneous trades.

Employees who are employed as assistants to artisans or skilled worker Class 1 in any trade not covered by the specified subcategories and who, whilst rendering such assistance may themselves not perform skilled work normally performed by artisans or a skilled worker Class 1:

Provided that a subcategory 3-4 miscellaneous employee shall at all times work under the direct supervision of the artisan or skilled worker Class 1 that he is assisting.

Subcategory 3-5:

(a) Other occupations:

chauffeur;

clerk;

hoist driver—employees who drive double drum hoists of 375 kilowatts and less and single drum hoists;

typist;

vehicle driver—employees who possess Class 1 licences, and who are engaged in driving heavy personnel-carrying vehicles within the immediate environs of the mine;

Employees who possess Class 2 licences, and who are engaged in driving heavy goods-carrying vehicles other than articulated vehicles;

mobile equipment operator (as described in category 4);

plant operator (as described in category 5);

locomotive driver (as described in category 4);

(b) Designated trades:

Subcategory 3-5:

blacksmithing;

boilermaking, plating/welding, welding;

electrician and electrical fitting;

fitting and turning (including machining) or fitting (Including machining) or turning (including machining);

motor mechanics work (to include diesel and tractor mechanics and auto electrician’s work);

diesel plant fitting;

plumbing and sheet metal working.

Employees who perform the following work previously set out by an artisan or skilled worker Class 1 or 2 in these respective trades:

Provided that any other skilled worker Class 1 or 2 who has been certificated in an engineering trade may also set out work for subcategory 3-5, blacksmith and 3-5 plumber.

Subcategory 3-5:

blacksmithing.

Making the following small forgings by hand: —

pipeclamps for piping up to 155 millimetres in diameter; pipe-brackets, dog- spikes, raise-hooks, eye-and palm bolts; making chain and wire rope ladders and ventilation door-hinges; hand-riveting to a maximum size of 30 millimetres; repairing of wheelbarrows and cocopans of U and V types, excluding work normally performed by a journeyman; sharpening picks, chisels, moils, pinch-bars and dog-spikes,, cold bending steel pipes and rails; cold straightening of bolts; rethreading with stocks and dies; using sledges; non-welding repetitive work involved in the making and repairing of points and crossing with rails up to 30 kilograms; provided that all rail-bending be done cold; operating bar-heading-machines; using hand and machine-operated pipe-dies for piping up to 155 millimetres in diameter.

Subcategory 3-5:

boilermaking, plating/welding, welding.

Employees who perform—

(a) the following work previously set out by a boilermaker, plater/welder or welder, skilled worker Class 1 or 2 or by any other skilled worker Class 1 or 2 who has been certificated in an engineering trade—

operating electric butt-welding and spot-welding machines; hardfacing and building up by hand, excavator buckets and teeth, ladles, cocopan and loader wheels and hammer-and impact-mill rotors and beaters; operating automatic continuous welding- machines used for building up locomotive, cocopan and loader wheels, provided that the machine is pre-set by a skilled worker Class 1 or 2 who has been certificated in an engineering trade; tack-welding and down-hand single-run welding when the components have been previously assembled and either positioned in a jig or located so as to obviate the need for a jig by a skilled worker Class I or 2;

(b) the following work which need not have been previously set out by another employee—

destructive cutting of rails and cutting of scrap ferrous metals by hand-held oxyacetylene torch;

(c) operating punching-and shearing-machines on steel plate up to 10 millimetres in thickness; operating portable hand-held power-driven drilling-machines for drilling metal; operating sand-blasting machines; or hand-held grinding-machines for cleaning steel-work; operating power-hacksaws; hand riveting; flattening and straightening material by hand; using stocks and dies up to 32 millimetres; using pipe-dies and pipe-cutters on pipes up to 155 millimetres in diameter:

Provided that the changing of welding-rod sizes and the adjustment of pressure-gauges may in all cases only be undertaken by, a boilermaker, plater/welder or welder skilled worker Class 1 or 2 or by any other skilled worker Class 1 or 2 who possess a certificate issued by a mine manager or mine engineer certifying that he has undergone a course of training in the use of oxyacetylene equipment, which is of a standard approved by the technical subcommittee.

Subcategory 3-5:

Electrician and electrical fitting.

House, office and township single-phase wiring, including installation of conduits and fittings, but excluding final connections to power-mains or fuse-boxes; repairing of trailing-cables; erection of telephone-lines; attending to underground-locomotive battery-charging; replacing house light-switches and fuses:

(i) laying electric power-cable in trenches and cable-ducts, on cable tracks and on catenary wire; and

(ii) making up and installing underground lighting cable; and

(iii) installing underground trolley lines; and

(iv) erection of overhead power-transmission lines, but excluding final connections to power-supply in all cases.

Subcategory 3-5:

Fitting and turning (including machining).

Cutting by hand or by power-hacksaw; hand threading, joining and laying of pipes, including pipe-fittings, up to 155 millimetres in diameter, Provided that pipes in excess of 152 millimetres in diameter may only be laid horizontally on the ground or floor or in trenches; repacking of glands and replacing of foot-valves; drill-steel shanking and sharpening; reconditioning and threading of bolts with stocks and dies or screwing-machines; using hand tools for scaling, drilling, screwing and sawing; operating power-hacksaws and hand-operated power driven drill presses, excluding radial drills; operating hand and pedestal grinding-machines; maintaining and repairing pneumatic rock- drills, bar-machine jacks and pneumatic explosive-chargers, provided that the work is tested under the supervision of a fitter, fitter and turner, turner, boilermaker, plater-welder or welder, skilled worker Class I or 2; removing, stripping, cleaning and preparing overhaul items of equipment which are replaced as units without adjustment by the employee; removal and replacement of pumps, pneumatic and hydraulic cylinders and air-operated driving-motors without adjustment by the employee.

Subcategory 3-5:

Motor mechanics work.

Unbolting, cleaning without stripping and replacement of starter motors, carburettors, radiators, generators, fuel pumps, exhaust pipes, silencers, oil filters, shock absorbers, fuel tanks and semi-elliptical springs; hand grinding of valves; general vehicle lubrication, dismantling, cleaning and reassembly of vehicle-body and chassis parts, excluding mechanisms.

Subcategory 3-5:

Plumbing and sheet metal working.

Installation of new plumbing in buildings, excluding sweating of pipes, brazing and installation of electric geysers; laying of drains or the maintenance plumbing, assembly and repair of pre-fabricated sheet-metal work which does not involve the application of heat other than soldering which have not been previously set out by another employee.

Subcategory 3-6:

(a) Other occupations:

Clerk;

Driving instructor;

Mobile equipment operator (as described In Category 4).

Plant operator (as described in Category 5).

Vehicle driver—employees who possess Class 1 licences, and who are engaged in driving heavy personnel-carrying vehicles on long distance journeys beyond the immediate environs of the mine.

Employees who possess Class 2 licences and who are engaged in driving heavy, articulated, goods-carrying vehicles.

(b) Designated trades (Skilled Worker Class 3)

Subcategory 3-6:

blacksmithing;

boilermaking, plater/welding and welding;

carpentry or carpentry/joinery:

electrician and electrical fitting;

fitting and turning (including machining) or fitting (including machining) or turning (including machining);

motor mechanics work (to include diesel and tractor mechanics and auto-electricians work);

diesel plant fitting;

painting and decorating or glazing,

plumbing and sheet metal working;

rigging;

employees who perform such work as is prescribed for the relevant subcategory 3-6.

Subcategory 3-6:

Blacksmithing.

Making the following small forgings by hand; pipe-clamps for piping up to 155 millimetres in diameter, pipe-brackets, dog-spikes, raise-hooks, eye-and palm-bolts; making chain and wire rope ladders and ventilation door-hinges; hand riveting to a maximum size of 100 millimetres; repairing of wheelbarrows and cocopans of U and V types; sharpening of picks, chisels, moils, pinch-bars and dog- spikes; cold bending of steel pipes and rails; cold straightening of bolts; rethreading with stocks and dies; using sledges; non-welding repetitive work involved in the making and repairing of points and crossings with rails up to 30 kilograms, provided that all rail-bending be done cold; operating bar-heading machines; using hand-and machine-operated pipe dies for piping up to 155 millimetres in diameter.

Subcategory 3-6:

Boilermaking, plating/welding, welding:

(a) operating electric butt-welding and spot-welding machines; hard-facing and building up by hand, excavator buckets and teeth, ladles, cocopan and loader wheels and hammer and impact-mill rotors and beaters; operating present automatic continuous welding-machines used for building up locomotive, cocopan and loader wheels; operating semi-automatic cutting equipment, including profiling-machines and straight-line cutters, tack-welding and down-hand single-run welding; down hand welding of pipes and flanges; repairing of mine-truck bodies by cutting and patching, excluding the fabrication of major components, down-hand welding on surface, for the repair of chutes; fabricating and replacing chute-liners on surface; assembling and maintaining launders on surface; bending; forming and rolling by hand; operating radial drilling-machines; using jigs or fixtures, where only one size of drill is used and where speeds and automatic feeds are preset by a skilled worker Class 1 or 2 who has been certificated in an engineering trade; destructive cutting of rails and cutting of scrap ferrous metals by hand-held oxyacetylene torch;

(b) operating punching and shearing-machines on steel plate up to 10 millimetres in thickness; operating portable hand-held power-driven drilling machines for drilling metal; operating sand blasting machines, or hand-held grinding machines for cleaning steelwork; operating power hack-saws; hand riveting; flattening and straightening material by hand; using stocks and dies up to 32 millimetres; using pipe- dies and pipe-cutters on pipes up to 155 millimetres in diameter.

Subcategory 3-6:

Carpentry and joinery.

Employees who carry out any or all of the following work which has been previously set out by a carpenter or joiner, skilled worker Class 1 or 2 or by any other skilled worker Class 1 or 2 who has been certificated in a building trade, or by a fitter, skilled worker Class 1, mine manager, mine engineer or engineering foreman working to dimensional skethes; making of roof-trusses; tables and desks, glazing; installation in mine houses, offices and township buildings of doors, door-frames, window-frames, shelving, ceilings, cornices, skirtings and floors; erection of roof-trusses and purlins; fixing of galvanized-iron roofing; making of cupboards; making of mine school and township furniture; carpentry work involved in building repairs and renovations; making up and repairing wooden ladders and wooden fencing.

Subcategory 3-6:

Electrician and electrical fitting.

House, office and townships wiring, including installation of conduits and fittings, but excluding final connections to power-mains or fuse-boxes; replacing components, on 220 volt single-phase circuits, excluding final connections to power-mains or fuseboxes where such replacement does not require any adjustments to be made to ensure safety; repairing of trailing-cables; erection of telephone-line; installing, repairing and replacing bell and signalling equipment, excluding connections to hoist-safety-circuits; laying electric power-cable in trenches and cable ducts, on cable racks and on catenary wire: making up and installing underground lighting-cable; installing underground trolley-lines and erecting overhead power-transmission lines, including making of cable ends, but excluding final connections to power-supply in all cases; attending to underground locomotive battery charging; maintaining underground locomotive drum-controllers and brushes without replacement; using testing equipment for voltages up to and including 550 volts but excluding testing in substations and disconnecting or reconnecting to power mains or fuse boxes; repairing and maintaining electric kettles, irons, cookers and other domestic appliances but excluding repairs to geysers, refrigerators and electric motors of all kinds and rewiring of electric cookers.

Subcategory 3-6:

Fitting.

Cutting by hand or by power-hacksaw; hand threading of pipes and pipe fittings up to 155 millimetres in diameter; joining and laying of -pipes and pipe fittings, other than pipes and pipe fittings in shafts, provided that pipes in excess of 155 millimetres in diameter shall only be laid horizontally on the ground or floor or in trenches; repacking of glands and replacing of foot-valves; drill-steel shanking and sharpening; reconditioning and threading of bolts with stocks and dies or screwing-machines; using hand tools for scaling, drilling, screwing and sawing; operating power-hacksaws and hand- operated power driven drill presses; operating radial drilling machines using jigs or fixtures where only one size of drill is used and where automatic feeds are pre-set by a fitter, fitter and turner or turner, skilled worker Class I or 2; operating hand and pedestal grinding machines; remetalling to jigs for shafts up to 155 millimetres in diameter, where no adjustment of machinery or parts is required and with no filing or adjustment to surface; maintaining and repairing pneumatic rock-drills, bar-machine jacks and pneumatic explosive-chargers, provided that the work is tested under the supervision of a fitter; fitter and turner or turner, skilled worker Class 1 or 2; repairing and replacing conveyor-belt idlers, rollers, fasteners and scrapers; replacing and tensioning vee-belts, removing, stripping, cleaning and preparing for overhaul items of equipment which are replaced as units without adjustment by the employee; removal and replacement of pumps, pneumatic and hydraulic cylinders and air-operated driving motors without adjustment by the employee; overhauling air pumps and air motors, single-stage centrifugal and diaphragm pumps, bar-heading machines and pneumatic cylinders, where no alteration of dimensions, alignment or adjustment is required.

Subcategory 3-6:

Motor mechanic’s work.

Unbolting, cleaning without stripping and replacement motors, carburettors, radiators, generators, fuel pumps, exhaust pipes, silencers, oil filters, shock absorbers, fuel tanks and semi-eliptical springs; hand grinding of valves, general vehicle lubrication, dismantling cleaning and reassembly of vehicle body and chassis parts, excluding mechanisms, wheel balancing.

Subcategory 3-6:

Painting.

Subcategory 3-6:

Employees who perform the following painting, decorating or glazing work-

house building and plant-painting; mixing of colours; glazing.

Subcategory 3-6:

Plumbing and sheet metal working.

Installation of new plumbing in buildings, excluding sweating of lead pipes, brazing and installation of electric geysers, laying of drains; laying of pipes up to 102 millimetres in diameter, maintenance plumbing; assembly and repair of prefabricated sheet-metal work which does not involve the application of heat other than soldering or spot-welding; operating preset spot-welding machine.

Subcategory 3-6:

Rigging

Operating power saws, carborumdum disc cutters, pedestal drills and grinders cutting by hand held oxyacetylene torch: operating mechanical splicing presses for the manufacture of slings and crane ropes: selection of correct furruls, thimbles and fittings to make up sling and crane ropes: splicing and socketing 5 tuck thimble splices of 6 strand and non- spin ropes for slings and crane ropes up to and including 20 mm in diameter but not shaft winding ropes: long splicing conveyor and haulage rope up to and including 20 mm in diameter: white metal socketing of loader sling and baulk ropes, but not shaft winding ropes: manufacture of wire rope slings, up to and including 20 mm in diameter: reeving a fibre rope block: serving wire and preparing rope samples for destructive testing: preparation of rope for white metal socketing: measuring and making of rope to make up slings: checking wire ropes for corrosion, broken wires and kinks, but not shaft winding rope: operating chain blocks, pull lifts, tirfor hoists and winches, and replacing worn parts where necessary under the supervision of a fitter, fitter and turner or turner, skilled worker Class 1: moving loads by means of jacks, roller and skids, the use of derricks, sheer legs, gyn poles or jibs, but not in winder shafts: erection of tubular scaffolding 12 feet from the ground, complete with toe-boards and guard rail.

Subcategory 3–7

(a) Other occupations

hoist driver;

Employees who drive double-drum hoists of between 376 kilowatts and 600 kilowatts, and automatic hoists:

Provided that, when an automatic hoist with a horsepower rating of 601 kilowatts or more is being operated manually, the minimum rate applicable to a grade 9 employee shall be payable to the driver.

senior clerk.

(b) Designated trade

Subcategory 3–7:

Bricklaying or plastering or masonry.

Employees who perform any or all of the following work which has been previously set out by a bricklayer, plasterer or mason, skilled worker Class 1 or 2, or by any other skilled worker Class 1 or 2 who has been certificated in a building trade, or by a fitter, skilled worker Class 1, or by a mine manager, mine engineer or engineering foreman, and which does not involve the reading of plans or working drawings—setting out, including levels, working to dimensional sketches—all work involved from foundation to roof-level in mine houses; offices and township buildings, including building in or door-frames and window frames in buildings; the bricklaying necessary in the construction of arches, offset work, fireplaces and the use of brick-force lintels, plastering; pointed stone walling; brick walling; building repairs and renovations.

Subcategory 3-9:

(a) Other occupations

general engineering draughtsperson (unqualified);

transport officer.

(b) Designated trade (skilled worker Class 2)

blacksmithing;

boilermaking, plater/welding and welding;

electrician or electrical fitting;

fitting and turning (including machining) or fitting (including machining) or turning (including machining);

motor mechanics: (to include diesel and tractor mechanics and-auto electrician’s work);

diesel plant fitting;

plumbing/drain laying or sheet-metal working;

rigging;

instrument mechanic’s work;

refrigeration mechanic’s work;

bricklaying or plastering or masonry;

carpentry or carpentry/joinery;

painting and decorating or glazing;

millwrights work;

miscellaneous trades (miscellaneous trade means any designated trade
other than those covered by the trades categorized above).

Subcategory 3-11:

(a) Other occupations

Hoist drivers—employees who drive double-drum hoists of 601 kilowatts or more, but excluding automatic hoists.

Notes:

(1) A double-drum hoist operated, and equipped as a single-drum hoist shall be classed as a single-drum hoist and the word “hoist” shall specifically exclude scraper-winches and endless rope haulage engines.

(2) Kilowatt is defined as the original rated power of the motor or motors directly driving the hoist-drums, whether or not the hoist has been adapted to a specific duty below its originally designed duty.

Locomotive driver— employees who possess a certificate of registration as a locomotive driver and who drive locomotives of gross mass in excess of 18,2 tonnes.

Training officer.

(b) Designated trade (Skilled Worker Class 1)

Subcategory -11:

Miscellaneous.

Note.—

All employees in skilled worker Class 1 occupations for whose interest the trade union is registered and who cannot be appropriately placed in the trades specified shall be placed in a miscellaneous subcategory.

(c) Designated trades (Skilled Worker Class 1)

Subcategory 1-11:

Bricklaying or plastering or masonry;

Carpentry or carpentry/joinery;

Painting and decorating or glazing;

Employees who perform skilled work normally performed by a subcategory 3-,1 employee or skilled worker Class 1 and who possess a certificate of competency in the trades concerned for such work or who hold a certificate of registration issued prior to 1st March, 1982, recognising them as journeymen in the respective trades.

Subcategory 3-12:

(a) Other occupations

draughtsperson;

planning engineer or estimating engineer;

Workshop planning officer.

(b) Designated trades (Skilled Worker Class 1)

Subcategory 3-12:

blacksmithing;

boilermaking, plater/welding and welding electrician or electrical

fitting;

fitting and turning (including machining) or fitting (including machining) or turning (including machining);

motor mechanics (to include diesel and tractor mechanics and auto

electrician’s work);

diesel plant fitting;

plumbing/drain laying or sheet-metal working;

rigging;

instrument mechanic’s work;

refrigeration mechanic’s work;

millwrights work;

miscellaneous trades (miscellaneous trade means any designated trade other than those covered by the trades categorized above).

Employees who perform skilled work normally performed by a skilled worker Class 1 and who possess a certificate of competency, for such work or who hold a certificate of registration issued prior to the 1st March, 1982 recognising them as journeymen in the respective trades categorized above.

Subcategory 3-13:

assistant engineer;

assistant mechanical engineer;

assistant electrical engineer;

assistant mechanical and electrical engineer;

building superintendent;
chief draftsperson foreman.

CATEGORY 4—MINING, QUARRYING & MINING SERVICES

NOTES

1. The appointment of one or more subcategory 4-12 or 4-11 employees shall be mandatory on every mine.
2. The number of subcategory 4-12 or 4-11 employees appointed in terms of note (1) shall be the number necessary to ensure that no subcategory 4-12 or 4-11 employee is required to supervise more subcategory 4-9 or 4-7 employees than he can visit and give instructions to, at the working places under his control, within a period of 4 hours.
3. Subcategories 4-12, 4-11, 4-9 and 4-7 employees who have undergone a course of training by a competent instructor in the use of an oxyacetylene cutting torch, and who possesses a certificate issued by amine manager or resident engineer certifying that he has under gone such training and is proficient in such use, may use such a torch, for all operations connected with the equipping and maintenance of shafts and winzes, the cutting and burning of pipes, rails and bolts and the installation and maintenance of grizzleys, chutes, boxes, arches, frames, loading bays and ore and waste passes:

Provided that this note shall not apply to a subcategory 4-12,4-11, 4-9 or 4-7 employee of a fiery coal mine.

4. Brazing, fabricating and welding shall not be permitted.

5, Subcategory 3-22 blacksmithing, 3-12 boilermaking and 3-12 fitting employees and engineering staff who have undergone a course of training approved by the technical subcommittee in the use of oxyacetylene welding and cutting equipment, and authorized representatives of manufacturers or suppliers of oxyacetylene welding and cutting equipment or supplies shall be regarded as competent instructors in terms of note (3).

6. Any employee who is in possession of a mine blasting licence and is authorized to do so, may, if required to ensure the continuation of the work, make safe.

Subcategory 4-1:

General labourer.

Subcategory 4-2;

Clerk.

Messenger.

Subcategory 4-3:

Core-driller–employees who work as the senior assistant to subcategory 4-6 or 4-5 core-driller when drilling underground.

Long hole charging assistant.

Mining operator—employees who perform the duties of-

coal-cutter operator’s assistant; scraper winch operator;

shotcrete operator;

robot operator,

rock drilling machine operator’s assistant.

Subcategory 4-4:

Clerk/Typist

Junior supervisor

Locomotive drivers who drive locomotives of gross mass of less than 9,1 tonnes and employees who undertake locomotive-firing when working in conjunction with subcategory 4-11

[amended by SI 192/91 with effect from the 26th July,1991
Mining operators who operate underground, under the control and in accordance with the instructions of a subcategory 4–12, 4-11; 4-9, 4–7or 4–5 employee; shovel loaders with a capacity of less than 0,30 cubic metres, and/or;]

Mining, operators who operate rock-drilling machines, under the control, and in accordance with the instructions of a subcategory 4-12. 4-11, 4-9 or 4-7 employee.

Mining operators who carry out charging or blasting operations under the direct supervision of a subcategory 4-12, 4-11, 4-9, or 4-7 employee.

Mining operators who under the control and in accordance with the instructions of a subcategory 4-12, 4-11 or 4-9 employee, take charge of the receipt into and issue and distribution from, underground magazines of explosives and accessories.

Mobile equipment operators who drive light earth or rock excavating moving equipment

Plant operator (as described in Category 5).

Safety assistant.

Sampler.

Scooptram/LHD drivers who drive scooptram/LHD equipment with a rated bucket capacity, of less than 1 cubic metre.

Shaft operators-employees who have had at least 300 shifts of practical shaft operating experience, and who carry out shaft operating duties as bellmen, skipmen, banksmen and onsetters without slinging items of plant, machinery or equipment.

Technical observer.

Vehicle driver (as described in Category 3).

Subcategory 4-5:

Clerk.

Core-drillers who take charge of the setting up and operating of core- drilling machines for non geological purposes.

Gang-leaders and senior operators who have had at least 300 shifts of practical mining experience, and who, under the control and in accordance with the instructions, of a subcategory 4-12, 4-11, 4-9 or 4-7 employee, direct the work of a gang engaged in the following operations and/or—

installation and dismantling of pipes and tracks; concreting of drains; timbering of raises, boxes, platforms and barricades; installation of ventilation-doors; lashing and tramming.

Gang-leaders and senior operators who are in possession of a mine blasting licence, and make safe and who carry out secondary blasting operations under the control, and in accordance with the instructions, of a subcategory 4-12, 4-11, 4-9 or 4-7 employee.

Gang-leaders and senior operators who operate underground, under the control and in accordance with the instructions, of a subcategory, 4-12 or 4-41 employee, coal-loaders, coal-cutters and shuttle-cars.

Geological assistant.

Hoist drivers (as described in Category 3).

Locomotive drivers who drive locomotives of gross mass of 9,1 tonnes up to 18,2 tonnes and employees who are in charge of shunting operations

[amended by SI 193/91 with effect from the 26th July,1991]

Mobile equipment operators who operate medium earth or rock excavating and moving equipment.

Plant operator (as described in Category 5).

Scooptram/LHD drivers who drive scooptram/LHD equipment with a rated bucket capacity of 1,10 cubic metres up to 2,50 cubic metres.

Shaft operators—employees who have had at least 300 shifts of practical shaft-operating experience, who carry out shaft operation duties as bellmen, skipmen, banksmen and onsetters and who under take the slinging of items of plant machinery or equipment.

Provided that a subcategory 4-5 employee shall not undertake the slinging of any item of plant, machinery or equipment which has .a mass of 350 kilogrammes or more unless he is directly supervised by a subcategory 3-12 fitter, 3-12 rigger, 4-112, 4-11 or by a mine manager, mine engineer or engineering foreman.

Vehicle drivers (as described in Category 3).

Subcategory 4-6:

Clerk.

Core-drillers who take charge of the setting up and operation, underground or on the surface, of core-drilling-machines which drill holes of unlimited length underground and up to 250 metres on the surface, and who keep all recovery records.

Mobile equipment operators who operate heavy earth or rock excavating and moving equipment.

Scooptram/LHD drivers who drive scooptram/LHD equipment with a rated bucket capacity of 2,60 cubic metres up to 3.50 cubic metres.

Technical assistant.

Vehicle driver (as described in Category 3).

Subcategory 4-7:

Construction gang leaders who have had at least 300 shifts of practical experience in shaft equipping, winze equipping and construction work, and who control shaft or winze equipping and shaft or winze maintenance work under the direct supervision of a subcategory 4-11 or 4-12 employee:

Provided that a subcategory 4-7 employee engaged on shaft or winze equipping may perform without direct supervision, any of the following work –

(i) in incline shafts or winzes which have an inclination to the horizontal of less than 65 degrees, and in travelling-ways;

installation and maintenance of sills, pedestals, hand-rails, ladders, steps, drains, props and headboards, decking and lagging, grizzleys tracks and rollers, ventilation pipes, air and water columns not exceeding 102 millimetres in diameter;

(ii) in shafts or winzes whose excavated cross-sectional length or breadth or diameter does not exceed 3,66 metres and whose inclination to the horizontal is more than 65°, and in travelling ways.

installation and maintenance of cribbing; isolated sets and lagging for wall support;

dividers for ladderway compartments, ladders, tracks and rope guides; pipe-columns not exceeding 102 millimetres in diameter, and ventilation-piping.

Geological draughtsperson.

Geological technician (unqualified).

Sampler.

Senior clerk,

Senior gang leaders who have had at least 300 shifts of practical mining experience, and who, under the control and in accordance with the instructions, of a subcategory 4-12 or 4-11 employee, take charge of pipes and tracks, box-timbering, props reclamation in isolated areas, salvage of material and track-and drain cleaning.

Senior gang leaders who have had at least 300 shifts of practical mining experience, who possess a mine blasting licence and who, under the control, and in accordance with the instructions of a subcategory 4-12, 4-11 or 4-9 employee, take charge of general mining operations in development, stoping, sinking, long-hole mining and quarrying operations, including making safe and the marking off of holes other than holes in shaft or winze sinking or which require the reading of plans, sketches or working drawings:

Provided that where subcategory 4-7 employees are engaged in making safe, not less than one subcategory 4-12, 4-11 or 4-9 employee shall be on shift at that time. The number of subcategory 4-12, 4-11 or 4-9 employees who must be on shift at the time shall be the number necessary to ensure that no subcategory 4-12, 4-11 or 4-9 employee is required to supervise more subcategory 21-7 employees who are required to make safe, than he can visit and give instruction to in the working places under his control, within a period of 4 hours.

Survey draughtsperson:

Underground scooptram/LHD drivers who drive scooptram/LHD equipment with a rated bucket capacity greater than 3,60 cubic metres.

Subcategory 4-9:

Assistant overseer miners who have had at least 300 shifts of practical mining experience, who are in possession of a mine blasting licence and who, under the control, and in accordance with the instructions of a subcategory 4-12 or 4-11 employee, make safe and mark off holes, other than holes in shaft or winze sinking or which require the reading of plans, sketches or working drawings, who whilst on shift direct and take charge of lashing, tramming, secondary blasting, long hole drilling and all work prescribed for lower subcategories in Category 4 in any section or part of a mine provided that where the reading of plans, sketches or working drawings is necessary in respect of the positioning of holes on previously marked rings without marking off the positioning shall be checked by a subcategory 4-12 or 4-11 employee.

Assistant study/efficiency officer.

Chief sampler.

Surveyor (unqualified).

Ventilation technician.

Subcategory 411:

Computer programmer.

Core-drillers who possess a certificate of registration as a core-driller, and who perform the following, work—

taking complete charge of the operation and maintenance of all types of core-drilling machines operating underground or on surface, including deflection of holes, the installation of casing, the recovery of bits, core-barrels and rods, and all ancillary services when drilling on surface.

Geological technician (qualified).

Junior programmer/analyst.

Locomotive drivers who possess a Certificate of Registration and who drive locomotives of gross mass in excess of 18,2 tonnes , and

[Inserted by S.I. 192 of 1991]

Overseer miners who possess a certificate of registration as an overseer miner, who hold a full blasting licence, who are able to read and understand mine plans and working drawings, and who take charge of, and direct, development, stoping, shaft-sinking, winzing, quarrying, long hole drilling and general mining operations which include all work prescribed for lower subcategories in Category 4 and all work ancillary to development, stoping, shaft-sinking, winzing, quarrying and long hole drilling in any section or part of a mine including the equipping, examination and maintenance of shafts or winzes.

Safety officer.

Study/efficiency officer.

Subcategory 4-12:

Computer programmer/analyst.

Geologist.

Senior overseer miners who possess certificates of registration as a senior overseer miner and who undertake and do shaft or winze timbering duties in addition to those of a subcategory 4-11 overseer miner which include the routine examination and maintenance of all shafts and winzes.

Surveyor (qualified).

Ventilation engineer/officer.

Subcategory 4-13:

Assistant chief surveyor.

Diamond drill foreman.

Shift boss.

CATEGORY 5—PROCESSING & REDUCTION

Subcategory 5-1:

General labourer.

Subcategory 5-2:

Clerk.

Messenger.

Subcategory 5-3

Plant operator-employees who maintain, under supervision by subcategory 5-11, 5-9 or 5-6 employee, standard conditions in a section of a plant; or employees who are in charge, without supervision, of normal running of pumping-plant or compressor-plant with an operating power-rating of not less than 75 kilowatts but not more than 225 kilowatts.

Subcategory 5-4:

Clerk/typist.

Fibre/testing laboratory assistant.

Junior supervisor.

Locomotive driver (as described in Category 4).

Laboratory assistant

Mobile equipment operators who operate light mobile equipment or overhead and self-propelled mobile cranes with a lifting capacity of less than 9,1 tonnes.

Plant operator—employees who are in charge, without supervision of normal running of pumping-plant or compressor-plant with a power-rating of more than 225 kilowatts, but not more than 560 kilowatts.

Technical observer.

Vehicle driver (as described in Category 3).

Subcategory 5-5:

Clerk.

Fibre-testing laboratory assistant.

Mobile equipment operators who operate medium mobile equipment or overhead and self-propelled mobile cranes with lifting capacity of 9,1 tonnes up to 18,2 tonnes.

Plant operator—employees who are in charge, without supervision of normal running of pumping-plant or compressor-plant with a power-rating of more than 560 kilowatts, but not more than 2 megawatts.

Vehicle driver (as described in Category 4).

Subcategory 5-6:

Fibre-testing laboratory assistant.

Clerk.

Laboratory assistant.

Mobile equipment operators who operate overhead and self-propelled mobile cranes with a lifting capacity in excess of 18,2tonnes.

Plant Operator— employees who maintain standard conditions in a section of a plant in accordance with the instructions of a sub-category 5-11 or 5-9 employee who is on shift at the time and, who have 2 or more subcategory 5-3 or labourers under their supervision.

[Substituted by S.I. 192 of 1991]

Plant Operator—employees who maintain standard conditions in a section of a plant in accordance with the instructions of a subcategory 5-11 or 5-9 employee who is on shift at the time and, who have 2 or more subcategory 5-3 labourers under their supervision:.

Plant operator—employees who are in charge, without supervision, of normal running of pumping-plant or compressor-plant with an operating power-rating of more than 2 megawatts but not more than 4 megawatts.

Technical assistant.

Subcategory 5-1:

Assistant assayer (unqualified).

Assistant analytical chemist (unqualified).

Laboratory assistant.

Senior clerk.

Training instructor.

Subcategory 5-9:

Laboratory technician.

Plant operator—employees who keep all necessary records and maintain standard conditions in the whole of a plant, excluding the work which would normally be undertaken by a subcategory 3-12 blacksmith,3-12 boilermaker, 3–12 electrician or 3-12 fitter, in accordance with the instructions of a subcategory 5-11 employee who is on shift at the time, and who have 2 or more subcategory 5-6, 5-5, 5-4, 5-3, 5-2 or 5-1 employees under their supervision:

Provided that—

(i) on a mine which has only one reduction/processing official and no subcategory 5-11 employees the instructions to be given may be given by the reduction/processing official;

(ii) on a mine where—

(a) there is only one reduction/processing official; and

(b) the plant is operated on an alternation of 2 shifts or a cycle of 3 shifts; and

(c) not less than 2 major functions are performed on 1 shift which are not performed on the remaining shift or shifts; and

(d) only 1 subcategory 5-11 employee is employed to take charge of the shift on which the additional functions are performed;

the instructions which have to be given to the subcategory 5-9 employees on the remaining shift or shifts may be given by the reduction/processing official.

Subcategory 5-11:

Assayer (qualified).

Locomotive driver (as described in Category 4).

Laboratory technician.

Metallurgical technician.

Plant operator—employees who possess a certificate of registration as a plant-operator, and who, whilst being responsible to the mine management, are capable of taking complete charge of operations in a plant or a section of a plant, and of the machinery and equipment therein. The duties of such employees include adjustment and lubrication of, and running repairs to, the machinery and plant under their control, excluding work which would normally be undertaken by a subcategory 3-12 blacksmith, 3-12, boilermaker, 3-12 electrician or 3-12 fitter; the starting and stopping of plant, the logging of data the taking of samples and the carving out of routine tests:

Provided that, where the nature of the plant is such as to make the completion of a learnership unnecessary, the technical subcommittee may grant exemption from the learnership requirements in respect of that plant:

Provided that, in a plant where subcategory 5-11 employees were employed on the 1st October, 1975, the retention in employment of those individual subcategory 5-11 employees shall be mandatory until such time as a rearrangement of the plant involving substantial flow-sheet alterations or increased mechanisation or automation of a reduction in the scale of operations or in the value of the product of the plant results, in the opinion of the technical subcommittee, in the redundancy of such employee(s), whereupon such employee(s), before being retrenched, shall be offered alternative employment by the employer if such work is available:

Provided that, the technical subcommittee may require that a subcategory 5-11 employee be appointed in respect of 1 or more shifts in any plant. Before requiring an employer to appoint 1 or more subcategory 5-11 employees in these circumstances, the technical subcommittee shall consider the views of the employer concerned.

Subcategory 5-12:

Analytical chemist (qualified).

Instrument technician.

Metallurgist.

Subcategory 5-13:

Assistant chief analytical chemist.

Assistant chief assayer.

Assistant reduction officer.

Coke oven shift foreman.

Coke works foreman.

Mill concentrator foreman.

Reduction foreman.

Refinery foreman.

Smelter foreman.

CATEGORY 6—HEALTH

For the purposes of this category, subcategories 6-12, 6-11, 6-10 and 6–9 refer to employees who are registered as such with the Medical and Dental Practitioners Council.

Subcategory 6-1:

General labourers.

Subcategory 6-2:

Clerk.

Messenger

Subcategory 6-4:

Chef.

Clerk/typist.

Dark-room assistant.

Junior supervisor.

Vehicle driver (as described in Category 3).

Subcategory 6-5:

Clerk.

Hospital laboratory assistant.

Vehicle driver (as described in Category 3).

X-ray assistant

Subcategory 6-6:

Clerk.

Nursing or medical assistant (unregistered).

Vehicle driver (as described in Category 3).

Subcategory 6-7:

First-aid trainer.

Senior clerk

Subcategory 6-9:

State Certified Nurse.

Subcategory 6-10:

Head or principal State Certified Nurse.

Subcategory 6-11:

State Registered Nurse.

Health officer.

Subcategory 6-12:

Sister-in-charge (State Registered Nurse).

SCHEDULE C
LEARNERSHIPS (Clause 13)
NATIONAL EMPLOYMENT COUNCIL FOR THE MINING
INDUSTRY:
CONTRACT OF LEARNERSHIP

This contract of learnership entered into on the day of

20 by and between

hereinafter called “the employer”, of the one part, and

born on the day of

19 hereinafter called “the learner” (and, if a

minor, assisted herein by his parent or guardian) of the other part hereby witnesseth:

1 That the learner, having been found medically fit, does of his own free will agree—

(a) to bind himself as a learner to the said employer in the occupation of

………………………………………………………………………………………………………..

……………………………………………………………………………………………………………

for a period of……………………………………….from the……………………….

day of………………………………….20……: provided that during the first……..* month(s), which shall constitute a probationary period, the employer shall have the right to cancel the contract of learnership due to unsatisfactory service, and the learner (with the consent of his parent or guardian if he is a minor) shall likewise have the right to cancel the contract during this period should he consider he is unsuited to the occupation;

(b) to serve the employer faithfully, honestly and diligently, and to obey all lawful and reasonable commands and requirements of the employer or of those whom the employer may place in authority over him;

(c) not to disclose or to communicate to any unauthorised person whomsoever any information relating, to the business of the employer;

(d) not to be interested directly or indirectly either as an agent or servant in any business or undertaking other than of the employer and not to absent himself from his duties without the sanction of the employer;

(e) to attend classes in First Aid during the period of his learnership if facilities are made available by the employer.

* insert 25% of the period of the contract.

2 That the Employer does by these presents agree—

(a) to bind himself to receive the said learner for the period stated. and to teach or cause to be taught efficiently the said learner in the operations, and for the periods specified as are herein under mentioned: provided that this contract shall be deemed to be terminated if the learner fails to follow the Schedule of training laid down below—

(b) to retain the discretion in determining the order in which the various phases of training are carried out;

(c) to pay to the learner wages per shift of 8 hours at the following rates, which shall not be less than those laid down in the applicable agreement or determination in force from time to time—

(d) not without the written consent of the National Employment Council for the Mining Industry (hereinafter referred to as ” the Council “) to place the learner in any position of responsibility during the period of employment as a learner or to use him as a substitute for an employee under whom, he is learning, except in cases of emergency and for short periods only. In such cases the employer shall pay to the learner the minimum rate for the appropriate occupation laid down in the applicable agreement or determination in force from time to time;

(e) not to permit the learner to work overtime except in cases of emergency, in which event he shall be paid for such extra work at overtime rates;

(f) to submit a copy of this contract to the General Secretary of the Council (hereinafter referred to as “the General Secretary“), within 1 month, from the date of execution hereof.

(g) to endorse and sign this contract on completion of the period of learnership and to forward the same to the General Secretary for the purpose of obtaining his endorsement hereto after which the said contract shall be and become the property of the learner.

3 It is further agreed between all parties hereto that—

(a) this contract at all times be subject to the conditions contained in the applicable agreement or determination in force from time to time;

(b) this contract may, with the mutual consent of all parties hereto, be assigned to another employer in the industry, provided that the Council shall assent to such assignment, and such assignment shall be effected by endorsement on this contract by the signature of the parties thereto, together with the same endorsement on the copy of this contract with the General Secretary, and upon such assignment taking place all parties thereto shall be bound by the terms of this contract for the unexpired period thereof;

(c) should the employer be unable to carry out the conditions of this contract he shall forthwith inform the General Secretary, and the Council shall then have the right to sanction the assignment of this contract to another employer by the same means and upon the same conditions as are prescribed in subclause (3) (b) hereof, or the employer may, with the written consent of the Council, terminate this contract, in which event the same shall be endorsed to that effect;

(d) if the employer has good grounds for belief that the learner has committed a serious breach of the terms of this contract or that the learner has or is conducting himself in an unseemly manner and contrary to good discipline, he shall immediately report the matter to the General Secretary, who shall notify the Council for decision as to what action shall be taken, which decision shall be final;

(e) if the employer shall commit any serious breach of the terms of this contract the learner may report such breach to the General Secretary, who shall notify the Council for decision as to what action shall be taken, which decision shall be final;

(f) the learner shall be entitled to the leave conditions prescribed
for employees in the subcategory in which he is a learner.

IN WITNESS WHEREOF the contracting parties have hereunder set their hands the day and year aforewritten.

As Witnesses:

2.

Employer

Learner

Parent or Guardian

Registered by the General Secretary on the day of 20 under registration number

General Secretary
National’ Employment Council
for the Mining Industry

TO BE FILLED IN IF LEARNER ASSIGNED TO ANOTHER
EMPLOYER’

With the consent of all parties to this contract the services of the
learner and the responsibilities of the employer are hereby assigned to………………………..

This day of 20

As witnesses:

1. ………………………………………….

Employer

Employer

APPROVED:

General Secretary

TO BE FILLED IN WHEN THE CONTRACT OF LEARNERSHIP
IS ASSIGNED

The Council recommends that the learnership contract be assigned as entered in the form hereunder:

DATE

From: To

Employer

APPROVED:

General Secretary

TO BE FILLED IN ON COMPLETION OF THE LEARNERSHIP
UNDER THIS CONTRACT

AND SENT TO THE GENERAL
SECRETARY OF THE COUNCIL

THIS IS TO CERTIFY THAT the within-named learner has completed his Learnership under this contract and in terms of the Agreement or determination in force from time to time,

this day of 20…

Completion of contract registered by me: ………………………………………………………..

General Secretary

National Employment Council

For the Mining Industry

Date:

Learnership Certificate L/

SCHEDULE D
ANNUAL LEAVE (Clause 18)

1 (1) Subject to subclause (2), annual leave for employees shall be as follows—

(a) Employees in grades 9 to 13—

(i) with less than 5 years of continuous service, 25 working days for each 313 qualifying shifts completed;

(ii) with 5 or more years of continuous service, 28 working days for each 313 qualifying shifts completed;

(b) Employees in grades 4 to 8—

(i) with less than 5 years of continuous service, 23 working days for each 313 qualifying shifts completed;

(ii) with 5 or more years of continuous service, 24 working days for each 313 qualifying shifts completed;

(c) Employees in grades 1 to 3—

(i) with less than 5 years of continuous service 20 working days for each 313 qualifying shifts completed;

(ii) with 5 or more years of continuous service, 21 working days for each 313 qualifying shifts completed:

Provided that leave may not normally be taken until 313 qualifying shifts have been completed.

(2) For the purposes of subclause (1), the term ” qualifying shifts ” shall mean—

(a) normal shifts actually worked and paid for at the employee’s current basic earnings; and

(b) paid holidays as provided for in subclause (9) of Clause eighteen; and

(c) normal shifts falling within periods of paid annual leave; and

(d) shifts for which payment is made in terms of subclause (12) of clause eighteen ; and

(e) shifts granted as unpaid leave in terms of clause twenty-eight or twenty-nine.

Maternity leave

Female employees who are forced to withdraw their services because of pregnancy shall be entitled to paid leave and other benefits as prescribed in section 18 of the Act.

For ease of reference the following guideline to clause 18 of the Act is set out hereunder:

(1) A female employee who furnishes her employer with a certificate stating that the birth of the child is expected within 45 days shall be entitled to not less than a total of 90 days maternity leave with pay.

The rates of pay are as follows—

(a) 75% of her normal rate of pay if she gives up her right to leave accrued in the previous 6 months;

(b) 60% of her normal rate of pay if she is not willing to give up her accrued leave, or where she does not have a leave entitlement. Should the birth be late or the employee cannot return to work for health reasons, the employee may extend the period of absence, but such period shall be unpaid.

(2) Where a female employee fails, for any reason other than death, or dismissal, to return to work for a period at least as long as the period for which she was absent on maternity leave, she shall be liable for the repayment of all wages and benefits she received while on such leave.

(3) A female employee shall only be entitled to such benefits once in any 2 years, and only 3 times with any 1 employer.

(4) A suckling mother shall be granted at least 1 hour, or 2 half hour periods, to nurse her child, which may be combined with normal breaks to give an extended period, provided this does not interfere with her normal production capacity:

Provided that a nursing mother shall normally be entitled to nurse her child for a period of up to 6 months.

SCHEDULE E
REMUNERATION (Clause 19)

[SI 85/2002 substituted by SI 94/2013 gazetted on the 21^st June, 2013;
which was substituted below by SI 144/2014 gazetted on the 26^th September,2014
]

” AGREEMENT FOR THE PERIOD 1 JANUARY 2014 TO 31 DECEMBER 2014

The National Employment Council for the Mining Industry has today, 25th April, 2014, reached an agreement to raise the NEC minimum rates/earnings for the Mining Industry by 5% .

Rates of pay

(a) subject to the provisions of paragraph 1 (b) the basic Minimum earnings payable to employees with effect from 1st January 2014 to 31 December 2014 shall be as per the attached Schedules.

The agreement carries an exemption clause as stipulated in the principal agreement, Statutory Instrument 152 of 1990, clause 6 (Exemptions, Variations and Savings).

NATIONAL EMPLOYMENT COUNCIL FOR THE MINING INDUSTRY

RATES OF PAY FROM 1st JANUARY 2014 TO 31st DECEMBER 2014

1. (b) Service increments

The basic minimum earnings, prescribed in paragraph 1(b) shall be increased as specified hereunder in respect of employees whose total length of service with the same employer amounts to 2 or more years.

Employees whose total length of service with the same employer exceeds

SERVICE INCREMENT RATES FROM

1st JANUARY, 2014 TO 31st
DECEMBER, 2014

The rates of service increments shall be as follows:-

Such increases shall be reflected separately on pay sheets and pay slips and will continue to form part of an employee’s basic earnings:

Provided that employers may at their discretion, and when they are paying in excess of the minimum wage still pay a service increment based on the actual wage.

Declaration

The employers’ organisation and the trade union, having arrived at the agreement set forth herein, the undersigned officers of the council hereby declare that the foregoing is the agreement arrived at, and affix their signatures thereto.

Signed at Harare this day of 28th April, 2014.

1. C. KARE, Chairman,

National Employment Council for the Mining Industry.

1. E. RUZIVE, President,

Associated Mine Workers Union of Zimbabwe.

1. MUGANYI, Vice-President,

Chamber of Mines of Zimbabwe.

1. J. MUBVUMBA, General Secretary,

National Employment Council for the Mining Industry.

” AGREEMENT FOR THE PERIOD 1 JANUARY 2013 TO 31 DECEMBER 2013

The National Employment Council for the Mining Industry have today, 11th April, 2013, reached an agreement to raise the NEC minimum rates/earnings for the Mining Industry by 7% and 14,9%, respectively.

Rates of pay

(a) subject to the provisions of paragraph 1 (b) the basic Minimum earnings payable to employees with effect from 1st January 2013 to 31 December 2013 shall be as per the attached Schedules.

The agreement carries an exemption clause as stipulated in the principal agreement, Statutory Instrument 152 of 1990, clause 6 (Exemptions, Variations and Savings).

NATIONAL EMPLOYMENT COUNCIL FOR THE MINING INDUSTRY

RATES OF PAY FOR GOLD PRODUCERS
EFFECTIVE 1st JANUARY 2013 TO 31st DECEMBER 2013

1) It was further agreed that those employers in the Gold Sector who were already complying with the minimum that applied to the non gold sector ($212,21 or more) should apply the non-gold new minimums ($227,06) and the related dollar value ($14,85).

2) For those employers in the gold sector who are paying below $212,21, but above $197,53 must move to $227,06. Those that cannot get there, they should apply for exemption.

3) These conditions only apply to negotiations covering 1st January, 2013 to 31st December, 2013.

4) Those employers who were paying below $212,21 but above $197,53 must factor in the dollar value figure across grades of the percentage they applied.

NATIONAL EMPLOYMENT COUNCIL FOR MINING INDUSTRY

RATES OF PAY FOR NON-GOLD PRODUCERS FROM

1st JANUARY, 2013 TO 31st DECEMBER, 2013

Service increments

(b) The basic minimum earnings, prescribed in paragraph 1 (b) shall be increased as specified hereunder in respect of employees whose total length of service with the same employer amounts to 2 or more years.

Employees whose total length of service with the same employer exceeds:-

SERVICE INCREMENT RATES FOR GOLD PRODUCERS

FROM 1^st JANUARY, 2013 TO 31st DECEMBER, 2013

The rates of service increments shall be as follows–

Such increases shall be reflected separately on pay sheets and payslips and will continue to form part of an employee’s basic earnings:

Provided that employers may at their discretion, and when they are paying in excess of the minimum wage still pay a service increment based on the actual wage.

Declaration

The employer’s organisation and the trade union, having arrived at the agreement set forth herein, the undersigned officers of the Council hereby declare that the foregoing is the agreement arrived at, and affix their signatures thereto.

Signed at Harare this 4th day of April, 2013.

1. C. KARE, Chairman,

National Employment Council for the Mining Industry.

1. E. RUZIVE, President,

Associated Mine Workers Union of Zimbabwe.

1. MHEMBERE, Vice President,

Chamber of Mines of Zimbabwe.

1. J. MUBVUMBA, General Secretary,

National Employment Council for the Mining Industry.

[Editor’s note: The Schedule’s remaining clauses appear below:]]

(c) Learners engaged in terms of clause thirteen shall be paid not less than the following rates—

Provided that a subcategory 5-11 plant operator who is undertaking a conversion learnership, as prescribed in paragraph (i) of subclause (8) of clause thirteen, following his transfer to a different type of plant operated by his employer, shall be paid wages which are not less than those which he was receiving immediately before his transfer;

(d) Part-time employees: Part-time employees shall be remunerated at a rate which is not less than x/y of the basic minimum earnings prescribed for the occupation concerned,

where —

X- is the number of hours in a week to be worked by the part- time employee under normal circumstances and

Y- is the number of hours in a week normally worked by a full-time employee in the same occupation or department.

SCHEDULE F
ALLOWANCES (Clause 20)

[Editor’s note : the amounts need to be converted into the correct US$ equivalent]

1 (1) In addition to the basic earnings provided for in Schedule D,

allowances shall be paid in accordance with the provisions of subclause (2) to (II).

(2) Charge-hands: Charge-hands shall be paid an allowance of zw$1 per shift worked.

(3) Working underground: Employees in grades 1 to 12 shall be paid an allowance when working underground in accordance with the following—

(a) for any period of 4 hours or less worked during the employee’s normal shift, 3% of the employee’s basic earnings per shift;

(b) for any period in excess of 4 hours worked, during the employee’s normal shift, 5% of the employee’s basic earnings per shift;

(c) for any underground overtime worked, 1% of the employee’s basic earnings per shift in respect of each hour of overtime worked, in addition to the normal overtime payment.

(4)

(a) Acting Allowance: Where an employee, by reason of the absence of a more senior employee due to sickness or ill-health, or by temporary dislocation of labour (which period of dislocation shall not exceed 14 days unless otherwise agreed between the employer and the employee) is authorized in writing during any shift to perform work of a higher subcategory he shall receive the minimum basic earnings prescribed for such subcategory for the whole of that shift:

Provided that no acting allowance shall be paid for periods of less than 2 hours on any 1 shift;

(b) an employee employed in Grade 4 or higher who has been appointed in terms of clause twenty-one to act in a temporary proviso (ii) to clause twenty-one shall be paid not less than the minimum rate prescribed for the more senior employee during the period in which he acts.

If both employees are already in receipt of wages in excess of the minimum prescribed for the more senior occupation, an acting allowance, amounting to not less than 7,5 % of the employee’s own basic earnings for the period during which he acts, shall be paid.

(5) Stand-by—

(a) an employee who undertakes stand-by duty shall be entitled to an amount equal to his current basic earnings for 1 shift or day in respect of each week of stand-by duty undertaken: such entitlement shall be paid to employees in grades 1 to 12 as an allowance;

(b) employees called out on duty while on stand-by shall be paid overtime for the period worked, in addition to the allowance prescribed in paragraph (a).

(6) Night work: Employees in grades 1 to 12 who are required to undertake night work shall be paid a pro-rata allowance of 10% of the employees basic earnings per shift, which is 0,625% of the employee’s basic rate for his subcategory in respect’ of each 30 minutes or part thereof of night work undertaken.

(7) Half-shifts: In the event of a subcategory 4-12 senior overseer miner or 4-11 overseer miner being required to perform 2 men’s work during the same shift by reason of the absence of other subcategory 4-12 or 4-11 mining employees due to sickness or ill-health, or by reason of temporary dislocation of labour (which period of dislocation shall not exceed 14 days unless otherwise agreed between the employer and the employee), he shall be paid at the rate of 1½ times his current wage per shift for each shift worked.

(8) Changes in working hours: an employee presenting himself punctually for work on his normal shift and being turned away shall, unless he has been given oral or written prior notice of at least 12 hours of any change in his working hours, be paid the equivalent of half a shift at his current wage per shift.

(9) One-man drilling crew: A subcategory 4-4 employee who is required to operate a rock-drilling machine without the assistance of a subcategory 4-3 employee shall be paid an allowance of 20% of the minimum wage for a subcategory 4-3 employee for each shift so operated.

(10) Medical qualifications: Employees in category 6 who qualify therefor shall be paid the following—

(a) employees who are actually engaged in maternity work and who hold the qualifications of—

(i) State-registered midwife, -zw$30 per month;

(ii) Registered maternity nurse, – zw$18 per month;

(iii) Registered maternity assistant,- zw$10 per month;

(b) State-registered nurses who are actually engaged in family planning work and who hold a Family Planning Certificate, – zw$15 per month;

(c) State certified nurses who are actually engaged in family planning work and who hold a Family Planning Certificate, – zw $10 per month:

Provided that an employee who holds more than 1 of the qualifications prescribed in paragraph (a) shall be entitled to the allowance for the highest qualification held only.

(11) Heat allowance: Employees in grades 1-12 who are required to work on surface in areas designated as hot areas by the Technical Subcommittee shall be paid a heat allowance in accordance with the following—

(a) for any period of 4 hours or less worked during the employees normal shift, 3% of the employees basic earnings per shift;

(b) for any period in excess of 4 hours worked during the employees normal shift, 5% of the employees basic earnings per shift;

(c) employees whose duties entail supervisory operations, maintaining services or repairing machinery shall be paid an allowance for each hour calculated on a pro rata basis of 5% for each full shift worked;

(d)for any period of overtime worked, a heat allowance of 1% of the employees basic earnings per shift in respect of each hour of overtime worked shall be paid in addition to the normal overtime payment.

(12) Medical registration fees: Where an employee in an occupation falling into category 6 is required, by law, to register with the Medical and Dental Practitioners Council and to renew such registration on an annual basis in order to continue qualifying for employment in the occupation concerned, the employer shall, on production of relevant receipts, refund to such employee the amount paid by the employee to the Medical and Dental Practitioners Council for any current renewal of registration effected:

SCHEDULE G
STOPPAGES & DEDUCTIONS (Clause 22)

(1) Deductions in terms of paragraph (h) of subclause (3) of clause twenty-two may be made in respect of the loss of, or damage to, the following equipment—

boots;

safety-helmets;

mining-lamps;

leggings;

goggles;

overalls and caps issued to employees engaged in food preparation;

eating-utensils;

protective clothing issued in terms of clause thirty.

(2) Where charges are made in respect of the loss of, or damage to the articles listed in clause 1, the amount charged shall not exceed the actual cost of replacing the articles, less a reasonable deduction for fair wear and tear, or the actual cost of repair, whichever is the lesser.

(3) Where charges are made on issue of any of the articles listed in clause 1 , the amount shall not exceed the actual cost to the employer.

SCHEDULE H
RENTALS & SERVICE CHARGES (Clauses 23 and 24)

[Editor’s note: The amounts need to be converted into US$]

An employer who supplies accommodation and/or services to an employee may levy a charge for such accommodation and/or services as provided as follows—

(1) By agreement between the parties and the Minister of Labour, Manpower Planning and Social Welfare, these charges are to remain in force until 31st January, 1990, when they are to be reviewed.

[They were reviewed by SI 279/94 with effect from the 25th November,1994-published below- to be converted into US$ – Editor]

(2) Monthly rental and maintenance charge ( per bedroom )

(3) Monthly service charges for services

Note: Solid fuel shall be issued to employees in units in the form of 0,5 cubic metre (stacked volume) of firewood or 50 kilograms of coal plus sufficient wood for kindling.

(4) INTERPRETATION

(a) Net rentals and service charges for houses less than 20 years old with all facilities are as follows–

(b) the net rentals and service charges for houses less than 20 years old with lighting & water only are as follows–

Note: These figures are where wood is supplied.

Where coal is used, an extra zw$0,59 should be added.

New houses constructed from 1st July, 1990 shall be referred to the Technical Sub-Committee which shall recommend to Council appropriate rental and maintenance charges.

SCHEDULE J
CODE OF CONDUCT (Clause 31)

[Substituted by SI 165/92 with effect from the 29th May ,1992.]

In addressing the present policy with respect to disciplinary and grievance procedures, it is important to stay with those objectives of fairness and uniformity. It is also a point that should, and must, be considered as we enter a new era, and it is in that vein that we are addressing the present Code of Conduct by introducing a practice whereby employees, prior to actions that may be taken under the present disciplinary code and grievance, procedure, should have representatives of the Union notified of the possible infraction, thus allowing consultation and counselling by the Union.

This method is believed to be a first step in reducing direct action that must be taken under the Code of Conduct policy.

It is also a method of assuring a joint effort among the parties that are registered to be involved in grievance procedures.

It is believed this practice is a proper one and should be implemented accordingly.

Duties and rights of employer

1. In terms of this Code, management shall have the following principal rights and duties to—

(a) manage and conduct the business of the undertaking effectively;

(b) develop jointly with their employees or employee representatives effective industrial relations and policies consistent with the principles of this Code;

(c) maintain jointly with the employees or employee representatives effective arrangements for negotiation, consultation and communication and for settling grievances and labour disputes at shop floor level;

(d) ensure that during negotiations their representatives are authorized to make decisions on behalf of the undertaking;

(e) take all reasonable steps to ensure that all agreed procedures and agreements are observed;

(f) assure employees that management recognises their membership to and participation in trade union activities;

(g) to ensure that the functions and responsibilities of employees are clearly defined in the organizational structure;

(h) ensure the creation of a conducive atmosphere for productivity;

(i) to ensure human resources planning and development policy and programmes;

(j) resolve grievances and disputes in accordance with the procedures as provided under collective agreements;

(k) observe the principles of fair labour practices as defined in the Labour Act [Chapter 28:01];

(l) promote schemes of worker participation in ownership and management of enterprises wherever possible; and

(m) act in good faith in all dealings with employees or employer representatives.

Duties and rights of industrial unions

2. In terms of this Code, industrial unions shall have the following principal rights and duties to—

(a) protect and promote the interests of its members and employees generally;

(b) develop jointly with employer’s organizations in establishing effective procedures at industry level for the negotiation of terms and conditions of employment and for the peaceful settlement of disputes;

(c) develop with individual employers in establishing effective procedures for negotiation, consultation ,communication and the peaceful settlement of grievances and disputes;

(d) to ensure that employees and their employee representatives observe collective agreements;

(e) abide by the terms and conditions of collective agreements;

(f) act in good faith in its relationship with employers or employers’ organizations;

(g) promote schemes of workers participation in the ownership and management of enterprises; and

(h) encourage the promotion of productivity.

This Schedule comprises 6 parts consisting of the following—

1. Introduction. ,
2. Category of offences.
3. Penalties.
4. Disciplinary hearing procedures.
5. Guidelines for grievance procedures.
6. Appendixes.

PART A

Introduction

1 Disciplinary action in the first instance should be educational and then corrective; punitive action should only be taken when the earlier steps have proved ineffectual.

2 As far as is practicable, similar offences committed in similar circumstances should be treated equitably through the award of similar penalties.

3 In any organization, disciplined behaviour is essential for the good of the employee and the successful achievement of the organization’s objectives. For this reason, the importance of good industrial relations, based on humanitarian principles, between employers and employees in every establishment cannot be over-emphasized.

4 To this end when an employee breaks the terms and conditions of his or her contract, or behaves in an unacceptable manner, he or she must be disciplined in accordance with the procedures set out in this document without undue delay. The offender must be dealt with fairly, firmly, promptly and without bias.

5 The success of the disciplinary system depends largely on the good judgment and understanding of and consistent treatment by officials and their adviser. Success also depends on justice being seen to be done by all concerned and done as swiftly as possible, because unnecessary delay in hearing and disposing of a case breeds resentment and ill-feeling.

6 All disciplinary actions should at first seek resolution within the laid down company code or national code of conduct before going external for decision.

PART B

Categories of offences

Offences are classified into 5 major categories—

1. Absenteeism.
2. Sub-standard Performance
3. Indiscipline or disorderly behaviour
4. Offences warranting dismissal.

The following descriptions of each offence are designed to achieve uniformity—

1 Absenteeism in this context means absence from work without permission for any whole day or shift.

2 Sub-standard performance—

(a) poor timekeeping—

(i) reporting late for work;

(ii) leaving work early without authorisation;

(iii) taking extended or unauthorized breaks during working hours;

(b) sleeping on duty—sleeping on duty whether or not such action constitutes a hazard to the safety and health of the offender or others, or leads to damage to company property.

(c) negligent loss, damage or misuse of company property—

(i) negligent loss: any act whereby an employee through carelessness or negligence loses company property or is unable to account for it satisfactorily,

(ii) negligent damage to company property: any act whereby an employee through carelessness or negligence, causes or, allows company property in his charge to become damaged;

(iii) misuse of company property: using company property or. accommodation for a purpose or purposes other than the for which it was intended, and any unauthorized use of company property;

(d) unsatisfactory work performance—

(i) carelessness/negligence: lack of due care and attention in the performance of a task resulting in—

1. repetition of the task;
2. damage to equipment;
3. injury to personnel;

(ii) incompetence/inefficiency: failure to perform work to the required standard;

(iii) loafing: passing the time idly or failing without reasonable cause to complete tasks set.

3 Indiscipline or disorderly behaviour—

(a) disobedience and related offences—

(i) failing to obey an instruction : failure to obey a lawful instruction given by a person in authority;

(ii) non-compliance with established procedures/standing instructions: failure to follow established procedures or failure to handle complaints or grievances in the prescribed manner;

(iii) refusing to work overtime:- failure to work overtime when required, to do so in terms of any current agreement;

(b) abuse and related offences—abusive language: the uttering of any words or the publication of any writing, expressing or showing hatred, ridicule or contempt, for any person or group of persons. The offence is more serious when it is wholly or mainly because of race, tribe, religion, place of origin or colour.

(c) disorderly behaviour and related offences—

(i) disorderly behaviour (horseplay): indulging in rough or unruly behaviour or practical jokes whether or not such behaviour endangers the safety or health of others or the smooth running of the work place;

(ii) threatening violence: threatening to do physical injury to any other person;

(iii) assault or attempted assault: occasioning or attempting to occasion bodily harm to any other person;

(iv) fighting: physical combat with another person who retaliates;

(v) riotous behaviour: in concert with 2 or more persons, engaging in or inciting a group of persons to indulge in disorderly behaviour or wilfully to damage company property;

(d) wilful loss, damage or misuse of company property—

(i) wilful loss: any act whereby an employee wilfully or deliberately loses or causes company property to be lost;

(ii) wilful damage: any act whereby an employee who is in charge, possession or control of company Property, wilfully or deliberately damages or allows or causes such property to be damaged;

(iii) wilful misuse: any act, whereby an employee wilfully or deliberately misuses company property or accommodation.

4 Offences warranting dismissal—

(a) bribery and forgery—

(i) bribery or corruption: giving or receiving, or attempting to give or receive any bribe of inducing, or attempting to induce any person to, perform any corrupt act;

(ii) false evidence: deliberately giving untrue, erroneous or misleading information or testimony whether verbally or in writing;

(iii) forgery and uttering—

(a) falsifying or changing any document with fraudulent intent, or attempting to do so;

(b) uttering, or attempting to utter fraudulent or false documents;

(iv) misappropriation: applying or attempting to apply to a wrong use for any unauthorised use any funds, assets or property belonging to the company;

(b) wilful disobedience to a lawful order given by the employer;

(c) wilful and unlawful destruction of the employer’s property;

(d) theft or fraud;

(e) intoxication that renders him incapable of performing his duties properly, provided that a medical doctor or a state registered nurse through the use of a breathalyser or other recognized methods shall confirm the level of intoxication: where these are not available, a trade union or workers committee representative, and a senior official, shall assess the level or intoxication;

(f) absence from work for a period of 5 or more working days without reasonable excuse;

(g) habitual and substantial neglect of his duties

(h) gross incompetence or inefficiency in the performance of his work;

(i) lack of a skill which the employee expressly or impliedly held himself out to possess;

(j) being in possession of alcohol or drugs whilst on duty;

(k) clocking another employee’s time card intentionally;

(l) taking, injecting or inhaling alcohol or drugs whilst on duty;

(m) gross negligence or wrongful act or omission that causes accident injury or death at work;

(n) unlawful job action.

This refers to any action by1 or more employees to withdraw their labour, or “go slow” or otherwise interfere with the normal operations of the company in furtherance of a dispute or with the object of compelling management to take or refrain from taking any specific action where the matter in dispute has not been processed through the relevant procedures prescribed by law, any action by any employee to persuade, encourage or intimidate any employee to take such unlawful job action, any action designed to interfere with the normal operations of the company in the furtherance of any dispute industrial or otherwise.

PART C

Penalties

1 Counselling to be recorded on the employee’s personal file. Any supervisor may counsel for minor offences such as:

1.1. sub-standard performance—

(a) poor timekeeping—

(i) reporting late for work;

(ii) leaving work early without authorization;

(iii) taking extended or unauthorized breaks during working hours; and

(b) unsatisfactory work performance;

(c) minor offences;

1.2. indiscipline and disorderly behaviour;

1.3. minor offences.

Note.—When counselling is considered inadequate because of the nature of the offence or when previous counselling has not achieved the desired correction, the supervisor will lay a formal complaint in order to have the case formally dealt with and in order to have an entry made on the employee’s disciplinary record.

In increasing order of severity, there are 4 levels of recorded warnings—

(a) first recorded warning;

(b) second recorded warning;

(c) severe warning;

(d) final warning.

Appendix A shows the schedule of offences and penalties.

2 First recorded warning—to remain in force for a period of not more than 4 months. This may be given for a repetition of an offence for which counselling has been given, or it may be given for a first offence such as—

2.1. Absenteeism: absence from work without permission for not more than 2 consecutive days.

2.2. Sub-standard performance—

(a) negligent loss of company property: any act whereby an employee through carelessness or negligence loses, or is unable to account for company property;

(b) unsatisfactory work performance: incompetence /inefficiency, failure to perform work to the required standard.

2.3. Indiscipline or disorderly behaviour, or disobedience and related offences: failure to obey a lawful instruction given by a person in authority.

3 Second recorded warning—to remain in force for a period of not more than 6 months. Given for the repetition of an offence during a period when a first recorded warning is still in effect;

4 Severe warning—to remain in force for a period of not more than 8 months. Given for the repetition of an offence during a period when a recorded warning is still in effect or for a first offence such as—

4.1. absenteeism: absence from work without permission for not more than 3 consecutive days.

4.2. Sub-standard performance—

(a) sleeping on duty; sleeping on duty where the safety of others is not involved;

(b) damage or misuse of company property: damaging or using company property or accommodation for a purpose or purposes other than that for which it was intended, and any unauthorized use of company property;

(c) unsatisfactory work performance—

(i) carelessness/negligence: lack of due care and attention resulting in:

1. repetition of the task;
2. damage to equipment;
3. injury to personnel;

(ii) incompetence/inefficiency: severe cases of failure perform work to the required standard;

(iii) loafing: passing the time idly or failing reasonable cause to complete tasks set.

4.3. Indiscipline or disorderly behaviour—

(a) disobedience and related offences: Non-compliance with established procedures/standing instruction means failure to follow established procedures or failure to handle complaints or grievances in the prescribed manner;

(b) abuse and related offences: abusive language means the uttering of any words or the publication of any writing, expressing or showing hatred, ridicule or contempt, for any person or group of persons;

(c) disorderly behaviour and related offences: disorderly behaviour (horseplay) means indulging in rough or unruly behaviour or practical jokes whether or not such behaviour endangers the safety or health of others or the smooth running of the work place.

5: Final warning—to remain in force for a period of not more than 12 months. May be given for the repetition of an offence during a period when a first, second or severe warning is still in effect or for a offence such as—

5.1. absenteeism: absence from work without permission for not more than 4 consecutive days.

5.2. Sub-standard performance—

(a) sleeping on duty: sleeping on duty where such action constitutes a hazard to the safety and health of the offender or others, or leads to damage to company property;

(b) damage or misuse of company property: any act whereby an employee through carelessness or negligence, causes or allows company property in his charge to become misused or damaged.

5.3. Indiscipline or disorderly behaviour—

(a) disobedience and related offences: refusing to work over-time means failure to work overtime when required to do so in terms of any current agreement;

(b) disorderly behaviour and related offences—

(i) threatening violence: threatening to do physical injury to any other person;

(ii) assault or attempted assault occasioning or attempting to occasion bodily harm to any other person;

(iii) fighting: physical combat with another person who retaliates.

(c) wilful loss, damage or misuse of company poverty: any act whereby an employee wilfully or deliberately loses, damages or misuses company property or accommodation.

6 Dismissal: an employee may be dismissed for the repetition of an offence during a period when a final warning is still in effect or for any of the following offences—

(a) bribery and corruption—

(i) bribery or corruption: giving or receiving, or attempting to give or receive any bribe or inducing, or attempting to induce any person to perform any corrupt act;

(ii) false evidence: deliberately giving untrue, erroneous or misleading information or testimony whether verbally or in writing;

(iii) forgery and uttering means—

1. falsifying or changing any document with fraudulent intent or attempting to do so ;
2. uttering, or attempting to utter fraudulent or false documents;

(iv) misappropriation: applying or attempting to apply to a wrong use for any unauthorized purpose any funds, assets or property belonging to the company;

(b) wilful disobedience to a lawful order given by the employer;

(c) wilful and unlawful destruction of the employer’s property;

(d) theft or fraud;

(e) intoxication that renders him incapable of performing his duties properly, as defined in Part B section 4 (e);

(f) absence from work for a period of 5or more working days without reasonable excuse;

(g) habitual and substantial neglect of his duties;

(h) gross incompetence or inefficiency in the performance of his work;

(i) lack of a skill which the employee expressly or impliedly held himself out to possess;

(j) being in possession of alcohol or drug whilst on duty;

(k) clocking another’s employee’s time card intentionally;

(l) taking, injecting or inhaling alcohol or drugs whilst on duty;

(m) gross negligence or wrongful act or omission that causes by accident, injury or death at work;

(n) unlawful job action.

This refers to any action by 1 or more employees to withdraw their labour, or “go slow” or otherwise interfere with the normal operations of the company in furtherance of a dispute or with the object of compelling management to take or refrain from taking any specific action where the matter in dispute has not been processed through the relevant procedures prescribed by law ,

any action by any employee to persuade, encourage, or intimidate any employee to take such unlawful job action, any action designed to interfere with the normal operations of the company in the furtherance of any dispute industrial or otherwise.

PART D

Code of conduct procedure

1 Action by Supervisor when an offence is committed or reported—

(a) when an offence its alleged to have been committed the supervisor concerned will investigate and either dismiss the case or give an unrecorded warning or lay a formal disciplinary complaint;

(b) no action shall be taken against, and no penalty shall be imposed on an employee who has breached the provisions of this code unless such breech has been fully investigated by the authority concerned, to the satisfaction of the administering official or whoever will be responsible for adjudicating on the matter;

(c) in certain circumstances the supervisor will ensure that the offender is removed from the work place pending investigation of the case. He will take immediate steps to report the matter to the head of department or other such senior official who will decide whether the offender may return to work or should be laid off pending the outcome of the investigation and hearing. Generally an employee will be laid off work when his continued presence is likely to lead to a disturbance or it is necessary to avoid injury to personnel or loss of, or damage to company property. An employee shall be paid his basic wage or salary for the shift or shifts during which he was laid off—

(i) types of offence where lay-off is mandatory: an employee must be laid off work and removed from the workplace if he has committed or is involved in any of the following offences—

1. assault;
2. being in the opinion of the supervisor, unfit to carry out his duties, i.e. being under the influence of alcohol or drugs;
3. consuming alcohol or drugs at work;
4. fighting or riotous behaviour;
5. threatening violence or acting violently;
6. any act or omission which intentionally endangers the health or safety of others or is likely to cause damage to company property;

(ii) types of offence where lay-off is advisable: an employee may be laid off work and removed from the work place if he has committed any serious offence or is involved in any of the following offences—

1. using abusive or provocative language:
2. insubordination;
3. persistent refusal to obey instructions.

2 The hearing—

(a) when a formal disciplinary complaint is laid against an employee, this will be done in writing, on the appropriate form by the complainant, within 48 hours of the discovery of the alleged offence on the approved form (Appendix “B”, sections 1 and 2);

(b) the complaint form will be submitted to the head of section/ department. If the offender admits the complaint he will complete section 3 of the form and obtain the offender’s signature. He will convene and administer a hearing within 72 hours to determine the validity of the complaint and for the appropriate disciplinary action if the offender contents the issue;

(c) the complainant and the offender must attend the hearing in person. The hearing shall be conducted by the administering official together with up to 2 workers representatives and up to 2 employer representatives provided that the representatives shall be equal at all times. These shall constitute the disciplinary committee for the hearing. The choice of worker representatives shall be entirely at the discretion of the offender and may include workers committee representatives, trade union representatives or such other person or persons acceptable to the offender:

Provided that if the offence is for one of absence, and reasonable attempts have been made to secure his whereabouts, the hearing shall be held notwithstanding his absence, after a period of 7 days have elapsed;

(d) witnesses may be called as necessary and the administering official may take into account reports and statements submitted in writing by the personnel/security department, Such documents must be made freely available to the offender and (if applicable) his representative;

(e) at the conclusion of the hearing he will complete section 3 of the form (Appendix “B”) and obtain the signature of the offender and/or his representative. If the offender is unable or unwilling to sign the form this should be noted and the personnel department informed immediately. The personnel department representative will investigate the reasons for this and will comment in section 3,as appropriate;

(f) if the administering official is not a head of department/mine manager this form (with attachments) will be forwarded to the head of department/ mine manager for signature. He will, after carrying out any further investigations that may be necessary, add his signature and comments to section 3 of the form:

Provided that if the recommendation is for dismissal the form shall be signed by the mine manager of other designated official;

(g) the form (with attachments) will be forwarded to the personnel
department. Any warnings given will be recorded in the disciplinary
records and documents will be placed on the offender’s personal file;

(h) if the offence is of a criminal nature and is likely to result in discharge or dismissal the personnel department will request a full report from the security department;

(i) on receipt of the complaint form where dismissal is recommended the personnel department will complete section 6;

(j) supervisory level guidelines for the conduct of hearings and the imposition of penalties are given in Appendix “A”.

3 Appeals procedure—

(a) every employee has the right to appeal against any decision which involves an entry on his disciplinary record and which may affect his future employment prospects;

(b) when an employee wishes to appeal against disciplinary action which has been taken against him he shall appeal to the designated authority within a period of 5 working days following the imposition of the penalty, and must state the grounds for the appeal, in writing. Out of time appeals may only be considered when there is a reasonable excuse for the delay;

(c) the appeal shall be heard by the designated authority in the presence of the employee who may be accompanied by his representative(s )

(d) the designated authority shall make a determination in respect of the appeal within a period of 5 working days and the form endorsed accordingly. The decision of the designated authority shall be final;

(e) notwithstanding anything contained herein an employee who is aggrieved by the decision on appeal may exercise his rights under the Labour Act [Chapter 28:01] and shall notify the company accordingly. However such action shall not have the effect of suspending any disciplinary action reached until a decision to the contrary is made on appeal.

Note:- For the purpose of this appeals procedure, the term ‘designated authority’ shall be defined as the person or persons designated by the company to hear the case.

PART E

Guidelines for a grievance procedure

1 Definition: all employees have a right to seek redress for grievances relating to their employment . In this context a ‘grievance’ is any dissatisfaction or feeling of injustice arising out of a work situation.

2. Objective: It is in every company’s interest that all grievances be resolved at the earliest stage possible and as near to the point of origin as possible . It is important that grievances be considered and resolved equitably , speedily and all employees should be made aware of this basic right in addition to the fact that all employees may submit grievances without any prejudice whatsoever regarding their employment.

3 Procedure: an employee who wishes to raise any issue as a grievance in which he or she is directly concerned must do so ,in writing, to his or her immediate supervisor who shall, in addition to keeping a record of the matter—

(a) make arrangements to hear the grievance within 72 hours in privacy;

(b) permit the employee to be accompanied and assisted by a representative of the worker’s committee or trade union (if he is a member of the union) who shall be of his own choosing;

(c) identify the grievance and the circumstances surrounding it;

(d) clarify any points of confusion or inconsistency;

(e) offer counselling if such is felt beneficial to arrive at an equitable understanding: for misunderstanding is, in the majority of cases, often the reason behind a grievance;

(f) sum up and make a decision;

(g) after a decision has been made, no further discussion must take place;

(h) the decision must be communicated in writing to the aggrieved employee(s) who shall acknowledge receipt thereof.

Note: -A grievance hearing will be attended by not more than 2 aggrieved employees, not more than2 witnesses, 1 employee organization representative (where appropriate), a personnel department representative (PDR), and the supervisor who is hearing the grievance.

4. Appeals —

(a) should the aggrieved employee be dissatisfied with the supervisor’s decision, he/she may appeal to the senior supervisor, in writing, within 72 hours, stating the grounds for appeal;

(b) the senior supervisor will review the case with any person whom he wishes to consult, make a decision within 72 hours, and endorse the case records accordingly. The decision will then be communicated to the aggrieved employee;

(c) should the aggrieved employee still be dissatisfied with the senior supervisor’s decision, he may appeal to the head of department, in writing, within 72 hours, stating the grounds for the appeal;

(d) the head of department will review the case and make a decision, within 72 hours, and endorse the case records accordingly;

(e) should the aggrieved employee still be dissatisfied with the head of department’s decision, he may appeal to the manager, in writing, within 72 hours, stating the grounds for the appeal;

(f) the manager will review the case and make a decision, within 72 hours, and endorse the case records accordingly. The manager’s decision shall be final.

Notes:

(a) nothing in the foregoing shall prevent an employee from pursuing a grievance further though the channels recognized by the Ministry of Labour, Manpower Planning and Social Welfare;

[ See the Labour Court Rules, 2006 SI 59/06]

(b) at all steps in the grievance the personnel or staff department, as the case may be, may be consulted by all parties for guidance and precedents.

APPENDIX “A”
CODE OF CONDUCT – SCHEDULE OF OFFENCES AND PENALTIES

OFFENCES AND ACTION GUIDELINES

NATURE OF OFFENCE

APPENDIX “B”
SPECIMEN COMPLAINT FORM

PART 1

Hearing procedure

SECTION 1

(a)Name of complainant Mine No.

Subcat./Grade Gang No . Occupation

Dept Section

(b) Name of offender Mine No.

Occupation Dept.

Station ……………………………………..Section

(c) Nature of offence………………………………………………..

……………………………………………………………………………………..

Date of offence …………..Time …………………………Place ………………….

Names of witnesses :

(1) …………………………………………….Mine No : -…………………………..

(2) …………………………………………….Mine No : -…………………………..

(3) …………………………………………….Mine No : -…………………………..

SECTION 2

Statement by the offender …………………………………………………………………………..

SECTION 3

This section must be completed by the administering official –

Name of official ………………………………Designation … ….

Findings of the official ,including an assessment of the offender’s previous disciplinary record, if any ………………………………………………………………………………………………..

Administering official’s verdict ……………………………………………………………….

…………………………………………………………………………………..

Official’s signature Date

SECTION 4

This section should be completed by a representative of the Trade Union or workers committee , who is representing the offender who should state in writing whether he agrees or disagrees with the findings of the Administering official;