Bargaining Council August 2024: Appointments, Sick Pay Fund & Membership Exemptions
Appointment of Chairperson and Vice-Chairperson of the Council Board
At the Council's Annual General Meeting (AGM) held on 23 July 2024, Mr Dane Frost was appointed as Chairperson and Mr Johan Steyn as Vice-Chairperson of the Council Board for two years, 2024 - 2026. Please join us in congratulating Messrs. Frost and Steyn on their appointments.
Sick Pay Fund:
Rule Changes and Revised Claim Form
On 20 May 2024, the SFMC approved several amendments to the Rules of the Sick Pay Fund, which had been agreed upon by the Parties to the Council and which align with the BCEA. For your convenience and ease of reference, a summary of the changes is included below and a copy of the Rules highlighting the changes may be accessed via this link Sick-Pay-Fund-Rule-Amendments.
Summary of Changes
Sub-clause 5.3 - reference to the prescribed minimum wages/salaries and the wage schedules have been included for purposes of clarity. Furthermore, it is expressly stated that nothing in Sub-clause 5.3 prevents a member from claiming the difference between the amount paid to the member by the SPF and the actual basic salary/wage of the member from the Employer where the contributions to the SPF are based on the prescribed minimum, but such member receives a wage/salary in excess of the prescribed minimum.
Sub-clause 5.5.1 - provision is made for a member to transfer 3 days from their 6-day period leave entitlement of 33 days to their 7-day period leave entitlement of 33 days, or vice versa.
Sub-clause 5.6 - when submitting a claim to the SPF, a medical certificate issued by a registered medical practitioner, a registered nurse or a registered traditional healer (“the practitioner”) will not apply if the member has been absent from work for less than 2 consecutive days or less than 2 occasions (for 2 consecutive days and less) during an 8-week period.
Sub-clause 8.3.2.4 - the requirement to submit, with the claim form, a salary advice slip/payslip which indicates both the member`s gross and nett salary and proof that the contributions to the SPF have been deducted, is deleted.
Sub-clause 8.7 - provides that the SPF will execute its best endeavours to make payment to the member in respect of a claim, on the member’s usual payday following the claim being submitted, or the date upon which the submission of a claim has fully complied with the requirements.
Clause 9 - while a member will have no claim against the SPF if his/her employer is in arrears in respect of contributions to the SPF, the employee is not prevented from claiming payment for sick leave due to illness or injury from their employer and shall notify the Bargaining Council for purposes of enforcing compliance with the Rules of the SPF.
If the arrears in the employer’s and members’ contributions are proven to result from an administrative error or oversight on the part of the Council, the member will not be disqualified from claiming.
Any exemption that is granted in relation to the collective agreement or these Rules, will only apply from the date upon which the Exemption Board hands down its decision to grant exemption.
Reminder
Process Period: Exemption from Membership of the HBSI: September to December
The four-month period within which exemptions from membership of the HBSI Pension Fund are processed is September to December each year, for the following calendar year. Both applications and appeals (if any) must be processed within this period. If an exemption is not applied for or granted within the period, an establishment will be required to contribute to the HBSI Fund on behalf of employees and enforcement procedures may follow if not adhered to.
Establishments are reminded to complete and submit their applications for the 2025 calendar year (whether making a new application or renewing an existing application) as soon as possible. These applications will be processed within the period September 2024 to December 2024.
Existing exemptions (for 2024) will automatically expire on 31 December 2024, and invoices will be raised in accordance with the Collective Agreement if your application is not received by the Council on time and/or an exemption is not granted.
The Exemption Application Form is available to download from the website Annexure-D or you may request an application form via email from exemption@hcsbc.co.za.
In our last Chronicle, July 2024, detailed notes on the application process for exemption from the provisions relating to membership of the HBSI were provided and these can be accessed via the following link Chronicle-July-2024.
Please consult the Council’s WEBSITE for the contact details of Agents in your area.
For more information, contact: www.hcsbc.co.za
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