Statntory Instrument 45 of 2013.

ICAP.28:01

Coliective Bargaining Agreernenfi Construction Industry

IT is hereby notified that the Collective Bargaining Agreement

set out in the Schedule, which replaces the agreement published in
Statntory Instrument 244 of 1999, has been registered in terms of
section 79 of the Labour Act {Chapter 28:Alf .

ScHnnut-e

NATIONAL EMPLOYMENT COUNCIL FOR. THE

CONSTRLICTION INDUSTRY

COLLECTIVE BARGAINING AGREEMENT (SKILLED

\4TORKERS. APPROVEN CI-,ASSES OF WORKERS AND
GRADED $:{}RKERS)
INDEX

P.qn'r I
APPLICATION, T}URATION AND INTERPRETATION

Clattse
l. Scope and applicatian of agresnnent.
2" Period of operation and amendment of agresment.
3. Interpretation.

Fenr II
ADMINISTRATIGN. COUNCIL DUf,S AND
TR.ANE T-iNICN FEES
4. Administration of agreement.
5. Exemptions frorn agreement.
6. Applications for and grant of exemptions"
7. Designated agents.
8 Enrolrnent of emplcyers.
9. Enrolment of workers including working employer.
l0A. Workers= rer:crd of service.
279

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 Collective Bargaining Agreement: Construction Industry

Clause
108. Retrenchment.
1 1. Council's dues.
12. Trade union membership fees and check-off system.
13. Availability of agreement.
t4. Official notices and notice board.

Penr III
CONDITIONS OF EMPLOYMENT
15. Employees bound by parallel agreementd.
16. Protection of employment: protection of sub-contracting
employers.
17 . Contract of employment.
18. Hours of work and day-off
19. Overtime.
2Q. Shift-work.
21. Safety and protective clothing and appliances.
22. Working clothing.
23. Health and safety.
24. Site shelter and other facilities fcr employee,s.
25. Skilled workers' tools.
26. Watchmen.
27 A. Code of Conduct and grievance procedure.
27F. Termination of employrnent, and time and task contracts.
28. Noticeofterminationofemployment: termination oftime or
task contracts: termination owing to continued absence
from work.
Pnnr IV
SICK AND VACATION LEAVE, INDUSTRIAL HOLIDAYS,
SHUT-DOWN, MATERNITY LEAVE AND FUNERAL
POLICY
29. Sick leave.
30A. Vacation leave and annual shutdown: Cash in lieu of leave.
308. Special leave.
280
 S.I. 45 of 2013

Clause
31 . Industrial holidays.
324. Voluntary shutdown.
32ts. Transfer of undertaking.
32C. Death of ernployer.
33A. Matemity leave.
b 338. Funeral Policv
Penr V

WAGES, DEDUCTIONS, EFFtrCTS OF' RAIN-OFF,

ALLOWAT{CES
34. Classification 0r grading.
35. Preservation of wage anel ernplayment in higher grade or
class
36A. Atrlowances.
368. Wages"
"37. Pa3rn:ent cf tvages.
38" l)erluctiErns irorn wages.
39. F,ff*cts orlwages ufrain-r:ff alrd work stfipllare: ffiaki*g-r"rp
Jost time.
,if:).'fl"*ve!iins 4J
anel sullsist*ncs allc:v;ancel;

P qn'r \rl
\r WORKERS COh{}.4ITTEtr Ai\l} I\'ORKS COIJiTTIT.I,
. W',:rkers coffin::itte.es.
'41
42. W*rks eouncils.
Penr VII
Ti{ AN S I'TTONAL ARRAhIGEMENTS

43. Fension and medical cunent benefit agreements.

281
 Collective Bargaining Agrcement: Construction Industry

Panr VIII

CONCLL]SIGN

44. Penalties.
45. Dec!aration.
AitrunxtiRF.s YL

t. []r:sigr:ateci traC*s, classifieql wor"k and rat*s *f'was*.

2. Gracleei lv*rk and ratils *f wage-
3. Wages slip.
4. Safety and pralectiv* cit;ti"ling ai:t{ appliance$"
5. Skilled wcrkers' ltiltis"
*. *eciarettt'rn hY *inPir::'*r.
7. f;nrc'!n-le-nt appli*etian hy ei:'rpi*yee'
,8" Re**r'C *f s*rvic*.
g" List *f p*se *ffiecs flcr purj:$ses *f travelling altrr:r\,vfiIli'e5.

I i]" iV*rk*rs f;*lnqriiu*e.s.

E;.Gnstitutir:* anrE fuil*-r-itins"
I I. il*de i:f cq:nelue*:t axei gri*va**:* prt)**ehire'
i:. ILrng:i*rg:nccl Agre*rt*r:t l.-rlrin.
h,faete and *ntepsii i*ter in aecorciar?c* with ih* prq:,lvisir:ns' i'f
tlre La?r ur Ai:t i{ll"r*pter 3'5:#,r1, b*:we#r: eh* Ceutstrr-icti0sl Fnel*s{i"**
Fei*r*tir.ls: *f Xitntlabv.'* arr*i th* ZilnhaLrqve Buii*ing Cc';:ira{jtGrs;
*ntli* errrpl'*:",:srn*" {rE "tlte
Ass**iati*l'l {hereir:after r*f*n"eC tlt its
ernpgrvers' *rgatdsffti.Gn"q'-i. ai' thc clne palt, and ';he Zinti:at}lv* f
Cuirstnietr*:: *nsi Atrli*ei Trades i&varkers Unicn iir*reirnaft*r r*f*n"*d
\I,

t* as o-fh*, em5:lc;yees.' *r o'tlt* trad* utlicn"iu <lf tit* tlfh*r F'!*.11, h*ing
parti*s tr'r fhe I'iafi*nal Hrnpl*yment {]*uueil fe:r the C*nstr'*ctie:n
Iridiestry *f Zimtrabwe.

P,qnr X

-i]ER
AFFLT C A TI SN. D I.JR ;!"[-EG i{ AN * } T\i FR.H' FA'I'i CJ hi

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

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

shall be ohserveql b,v-*

2*;:
 S"I. 45 of 2013

(a) the employers and employees engaged in the construction

industry who are members of the employers'
organisations and the trade union respeetively, in the
8r r& of Zimbabwe;

(b) all other emplcyers anct ernpioynes in the industry in

the area of Zimbabwe;
(2) This agr*ement is concerned saie!.i with the conditians
tI"
and caiegories of emplayment atid the preservati*n t-''f grad labgur
relations ifl the c'oilstruc:ticn industry, nnii wircreas it unifies the
erstwhile hriilding" civil engineering arnci conrrete pr*clucts ineJ'*str"ies
for tirose Furposes, it is nct inteneied, *nr.t nt:r shall it be sLi c{}r}strt^led
by an3,'*;:if *ither within c:r outsirJ* E:f tfue ceinstrui-:tiern industry,, to
alter, nicilify" susF{.:tid. nuiiif}i q:r alfuet in E1ny !va.y r,vhatsE:*ver the
I*cosnised rnetiroels, pri:e*dtiten, ccliCuet* practies and d$c*ilxnentatian
appli*ebie ti: calling far t*ndsrs a;l,J quctaticns and to €*,nri*ring,
rxisasureffi('i11. paJvlnent and the like and asscl*i*t*rJ pi'{}i:*s$*s in
r*sp*ct *f t=uildrng, *il'il *ngin**ring and c{}fict"i:t* g:r'r:dr.ir:ti; wtirks
in Xir::hahwe.
i3i l{c elrrpl*}iflr or *mplcyee Inay weiye ariy ;:r*visir:ri cf
rhis eg;:er:Incglt. rvirether *r n*t the said prcvision cre$Ler* a benefit tEl
qrr i;bEigaticfi ryn the eieployer or erxfrl*y** roneern*,-l.
H;ti-:h pgrvisicn
shail';re;ti*. a rrght ur ctlligaficilru &s rh* casr rrlii5, [:*$l" igu *px:nelcntly
*3' the e"qisf**** *f" *ti:*r prtvisi*ns- fl: t!'ls: *vrni ,-l en3 ;:r*visian
of tliis agr#rrmsnf heirig in q.:**raf.iv* *:; u/tr* z;[res "ih* F$wer$ of
the pari:*::; sir: the l.et:clur Aer !"C/a*rp=rc',. ?.?:iJfl e]r re,gufu*ttq_,its made
ei:*reundsr. eifher bef*r* err ieit*r pubiti:*r.tion *f rhis *,*reerecert under
v th* pn:visir-ins cf thaf Act, this s!;ali ig: :r,J vdi13,' *ffect thc r*i:tainder
eif th* {rg:r,;*snent '"vhich shail, in thet *r.*.nt- e,:n:*'*itr-ite ti:e a#rser11ent.

P e ri * e{ rs!" * f; e rs i i o tz r: rs i{ * r rct n d r,rr srr i r.t',:rg "',:#,rru#ff t

2. tt i This &gre*rrlent, shali E:r-rsr;si igrt* fff:*iata*:i *ft ihe date af
its regisfrftfi*ri in iernrs e-rf'sc*il*r-r ${},-:f tFe* A{.:t and shall remain in
f*r;c-: fur t1nt* )+'*;.ips :
Frq:vief*rJ th.at th* par6les ghaii Ee-ne€lr.itifite an exi*nsi,:rn of
thig argr**1ir:*sit bei'*r* tirc expir.v Llle. ai-r*ve periuC.
'.ru
{2i $*-l ti:* irltg;i'{:='f uf r:r*r*r.rfing stah}iii{}o iri *he inEiustlv. the
*rnpuE*vi:rs* *rga*?:;aflr-:sls il*ei fi:rr* frad* uniq;* ?r*ive ggr**d thai thev

-!
j*"r5
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 Collective Bargaining Agreement: Construction Industry

will not seek to amend this agreement during its first twelve months
of operation, except that wage rates will he reviewed annually to tafe
into account such wage legislation ab may be promulgated by the
govemment and. in the absence of such legislation, not later than the
I st July of each year.
(3) Nothing shall preclude the parties entering negotiations to
amend clauses at any time, provided amendments arising there from
shall notbe registeredbefore the termination of the firsttwelve-month
v
period of operation of this agreement.
(4) Where this agreement provides terms, conditions and
benefits which differ from those provided under previous agreements
and regulations displayed b-y this agreernent. the new pro"'isions
shall apply from the date of registration of this agreement and not
retrospectively.

Interp re tttlirttt
3. Any expressions used hereigl which are definecl in the Act
shali. unleis othcrwise defined or specified herein, havs the s:rme
meaning as in the.Act, eny words iiilpeirting the filitscuiine gentler
shall inl,lurde the feminine gerrder, ancl any word irr the singular
sense sirall includr tire plural sense further, unless inccrlsistcnt with
the culrtext.
"Act" tn*iln$ ihs L,abcur Act IC{zttpte r 2 8:#J I *v itl'a

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

ffi ffi ffit Y"

rffir ff ' ffiff;nff i:",ffi '?iff T:J;
th*se a€ln'seincnts rcia.ting tc: meqJical ngrri;;enslcin fEnds
in the forrx*r buildang indusfN'y earrtained in Statut*ry
Xsrstpttxl*nts mq *grd 255 *f LgqZ anrJ Clccupatir-:nal
Health anC Saf*ty Stafutory {nstrunrent 2?'3 cf 19?"}, as
amenclcel and exfr:srd*d, srid adnpt*d isr t*;.xrs cif claus*
,13 he"reof;
"annual shut-down" rnea;?$ thrs peri*ct cf twent\'-ihr*f
consec utive day s c$r$ r!}*nc ing at nei+Jnighi *n tlte Fritlay
precedingChristrna-qtoi:ecle*i'J*db:-'e*tiliciiinterffis
of subclause 5 of ciause :3* i:f this Agreen:*n{ o dulrlng
which an establi.ql?rnent -quspends otr:eratiqrns" In the {:ase

?84
 S.f. 45 of 2013

of factory based employee$ the annual or vacation leave

shall be taken at the employer's discretion outside the
annual shutdown period;
"apprenticeshit'' means an employe serving under a written
conffact of apprenticeship, registered in terms of the
Manpower Plaffnng and Development Act IC hapt e r 2 I : 027;
"appropriate certificating authority" means the authority
specified in the Manpower Planning and Development
\r Act [Chapter 28:021;
"calendarweek" means aperiod of seven consecutive days
starting immediately after midnight on a Saturday and
ending at midnight on the following Saturday;
"concrete products industry" means, without in any way
limiting the ordinary meaning of the expression, the
indus try in which employers and employee s are as sociated
together for the purpose of manufacturing concrete
articles, whether reinforced or not, manufactured in
moulds or pallets from cement and sand, stone or any
other non-fibrous aggregate;
"consecutive shift" means one or two or three shifts
within a period of twenty-four hours operated by an
employer for the purposes of a continuous process
operation;
"continuous process operation" means any operation on
a contract site forming part of a continuous system
of construction, stoppage of rvhich would have an
adverse effect on the construction process or on the
structure;
"contract site" means a place other than the employer's
pennanent premis€s, where an employer is required
to carry out work in accordance with a contract;
"construction industry" means, without in any way limiting
the ordinary meaning of the expression and subject
tcl the exclusion stated at the end of this definition,
the industry in which employer and employee are
asscrciated together for all or any of the following
purposes, that is to say the construction" finishing,
renovation, reparation, alterationo maintenance and
demolition (including the associated excavation and
285
Collective Bargaining Ageement Construction Industry

othereantrworks and stabilization and scaffolding work)

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

rafts, railways, reservoirs, river-works, roacls, sewerage b

works, sewers, shatis, silos, streets,.swimming pocls,
thermal installations. tombs and tombstones, w'ails
(bound&r)', garden and retaining), wharves, and any
other works of a similar nature, cs well as the making
of anicles (suhject to the lirnitations c*ntained in the
definition of lJoinery") for use in such operaticns,
whether the rvork is pertorrned, the meterial is prepared,
or the necessary articles are made on the sites of thi:se
buildings, structures or nther works or elsewh*re, and
includes all work executecl cr can'ierX *ut hy pr:rsi:ns in
the ine*-rstry who are engaged in the following a*tit'ities
or subdivisions thereof-
air-conditioning and all fcrms of mechanical ventilati*n
and air contrftl which require ad"justrnents or
alteratians and additions to buildings, strllcilrres
and other wc,rks, auC r'vtiicl: inclueles ail clucling.
having fcr its pu{pose the delivery', extrastion
or conditioning of air for any purposes in any
buildins, structure eir other wcrks;
asphaiting, which ineludes asphaltiqg flocrs, roofs, \L
waterprocfing foundations, trasernents or walls.
la3'ing matrthoid or other composition" anC ather
flooring;
bricklaying, which includes concreting and the fixing af
concrete i:locks, slabs, or plates, the tiling of walls
and flo*rs, pointing, paving, mosaic work, facing
-work in slate" ntarble, granite and in composition,
drain -laying, slating and rocf --tiling, wtrether or
not ttre fixing in the building or structure is done
by ttre perscnmaking orpreparing tlee article used:

286
 I
-i

S.f. 45 of 2Al3

building electrical installations wiring, which includes

all processes invoh'ed in the instaliation of
medi;;
voltage electrical installations in buildings,
structures and other works from the main swiich
board therein, and comprises the fixing unJ
connection af an switchboard, rising riains,
subsidiary circuits in tubing, skirting or sirnilar
trunking, racking cr cable- triy and thJinstallation
.-t of P,v.c. arrnaured and rninerar-insulut*a *uli**,
together with all operations connected with
the
insrallation and fitting of electrical *rr**r;ro;
and equiprnenr and of light fittings;
flaor-laying, whieh includes all processes connected
with laying of floor-co\rering manuf,aeturecl from
asphalt" vin.rrl, asbesics. wood, plastic or steel
or any
cornb ination th*ieo{ ar:ci the l ay i'g of compo$
l**n
flooriug, aiscr the laying of maitic'-asphalt iloor:ing
and roafing*f'ett whenever thes$ touS' i:e used
in
a builCing. strucrure or other work;
glazing, whir:h include..q the fixing (with any type
of
fixing marerial or metho.i), handling, ciriting,
edge working and surface decorating o'f all
types
of glass, incruding raminatecr unJ functional
architectural glasses, the design and manufacture
of multipl* Iights and frameless glass show-cases
and the mixing and preparationirf ehemicals for
the silvering ofglass, inciuding protective
coatings
st sueta as paints, leads and copp*ring;
joinery, whicil includ*s fhe rnanufacture
of all articles
cf.ioinery, w:hetherornat the fixing in the Luilding,
. structure or atrrer wsrk is dan* try the person
making preparing the artieie used, but strifi not
irrclude the following__
(a) the manufacture from wood ofparquet_block
flooring; p

(b) the manufacture ancirbrassembly from

J wooer
of plyn'ood flush doors;
287
Collective Bargaining Agreement: Construction Industry

(c) the manufacture by repetitive operations or

processes of pre-fabricated tirnber houses,
but excluding the erection thereof;
(d) timber fencing;
(e) the manufacture from wood of barge-boards,
tongued and grooved boards, wall plates,
tile-battens, stock moulding, fascia-boards
and purlins;
\(-
(0 the manufacture and/or assembly from wood
by specialised mechanical process of roof-
trusses, including the inco{poration of metal
plates or plywood gussets as components;
light making, using lead and other metals, which
includes the manufacture and I or fixing of lights,
display-signs, and glazing relating hereto;
masonry, which includes stone-cutting and building
(atso the cutting and building of ornamental and
i monumental stone-work) concreting and the fixing
or building of precast or artificial stone, marble or
granite, paving, mosaic work, pointing, wall and
floor-tiling, operatlng of stone-working machinery
and sharpening masons' tools, whether or not the
fixing inthebuilding, structtre orother work is done
by the person rnaking or preparing the article used;
metal-work, which includes the fixing of steel ceilings,
metal windows, rnetal doors, builders' smith-work,
metal frames and the building in of architectural
metal-work, drawn metal-work, sheet and extruded
metal, whether or not the fixing in the building,
structure or other work is done by the person
making or preparing the articie used;
overhaul, maintenance and repair on an establishment of
an employer's machinery" plant, tools, equipment
and vehicles used in connection with constntction
industry work;
painting, which inctrudes decorating, paper-hanging,
distempering, lime or colour washing, staining,

288
 S.I. 45 of 2Al3

varnishing, french and other polishi*g, graining

and marbling, spraying, apply:ing plarlirl*oturi
stippler work and t<notting, itr. upplication and/
or fixing of polyvinyl*coated cloth, and the like
fonns of surface decoration and protection;
plastering, which includes modelling, granolithic
and
-y composition flooring, composition wall-covering
and polishing, precast or artificial stone_wort,
wall and floor-tiling, paving and mosaic work,
m aking and fix ing fibrous pl aJter and pl
aster board,
whether or not the fixing in the building, structure
or otf:er work is done by the person making or
preparing the article used;
plumbing, w h ich includes lead bumin g. gas-fi ff ing, san
itary
and doinestic engineerin g, clrain-laying, ventil ating,
heating, hat and cold water fitting,-initu,ting fixirft
*nd w a ter- fi nin gs of e lec tri c geyseis. fi re- lnstaltation s
and fhr: rnanufacture and f?tting cf ell sheet-metal
wsrrk, whethe"r' or not the fixing or fifting in th*
buiklin,g. or sfrue'ture or cther w;ort is d*n* i:y th*
perH*n making {}r prciiaring the articl*s;
scai?eilciing, lvhi;:!r !r":cl*des the asserphlSr. er*criew
alid
riisffi*u rl ing t;f sc;efferlding, jncjnqring el*q.:kirrg ggd
susilrnderJ s* : * iTr.rlds ;
shr:p, *ffic* aarc i:as:k fittings which inr,i*r.ie th*
\r nien{jfel:surf ;ailcll*r tixing uf shop_focnts, window
s{t';3 il,5,:-g3"g;;, -hr:rV-l:ASeS, C*}UntefS, S*f*en
af:id
I n tsri q: e" i'i tri r; r,r1 &fld fix
ture s, w hetlrcr m at: i: faetuE *d
in \x..$qr*t, ntr:{ni *r plai;tic;
s{eel r:cnsf,rucfiun- l+,hicfe inck:ej*s rhe fixing r:f a*
ciasls*s q-)f sf.sel mnd rither metal cr:lui:inr, girde:.s,
st*ei T':ists. r-:r ;netal in arry forin whictr f*:rrns a
part ilf a i:uilciing, structure or other work
;
steei reinf*r*ing. fclrnring part of building, structure
or
other work;
wood-working, which includes carpen try, woodrvork_
machi ning, furn ing, carv ing, fix ing of coffugated

289
 Indusiry
collective Bargaining Agreement: construction

iron, asbestos sheeting, saund tttd acr:nstic

material, c*rk and asbestos insutration, wood
lathing, c$inpasition ceiling ttd rvall eovering'
pr*g#;g {,,f . alls, ,:or,,*fir'g of rvoodwork' with
**ffi, flack and *ther i-iq:*rirrg' including rvacd
and eork anrj sa:rclpapr*rir:g ttrerecf' rr'lof*tiling'
whether or nct {he fixir:lg i* itre br"rilding, strurture v
or other wot"k is d{'ne t.rrv thc perbfln mnking or
PreParing th* artiele
us*ci:
rvherr
excl*ding any of th* above-nrenti*n*:d acti..'itie,s
uni*mok*n by an empin'n-'*':i'in the mining inriuntry
ln
in associati*n wit?r hisiHei" *:'tii:rary ernpir:y**-t
thc mining i ndil$tr}' wh*r"e s*eh rv*rk is undertak*;i
ineri in'
on a mining l{}caticn or sp*eial grant as dcf
theMin*sandh{ineraii+Act{th*pter2'r;#5i;
,,c*Eincil" rxsa.ils *r* hiaticnsl EJn:plt:Yffieni ccurrcii iE:r tire

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

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

re laring t* l-rr*eiical a*di*r pensi*n
fuurcs feir the
*o*str"ueiion irrdustl-3'. tlr w'hi*F: Pr*vielss ftrr
cihe'r
?:enefits for ihe inriu*to,* qvhicia r'perrrt*s c(}ncurs'entlv
w*lsh ti:* wh*ie *r eny ila!"t *f tlir:
g:eri*ei of ap*rati*n
af. tilig i1.# *effiu1*'l';
o.currsnt h*11riy rp,t*='. il?*eiili fkg rate, of peli $n eiltp!+rl''**
,E.v*rk*el iSurigrg }iislnei. *rdiFterf
;-Ecerr,**, fEu, gVf;rY hr;r:.a
hu**rs trf rv*ri<; V-
--d:*y-*ff , fir*[Lix$ su,nday*-' r- r" thei riay irf the wr*k irist*ac-i '-]f
Sunstii oo which *it **gri*'** !a lr'!:!"raily r*qi"rireul
y-;rlt
''
i* r,veirk;
.-*mergcnc,v wstrk'u rn*ar's; En q:i-iitiie r.t{Jflipleiiilneif' tq, Frictl r:arui*!
,*u*nuabiy hc left il'v*:r eintil ttt* sl*xt w*rki*g
*i*3';

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

' lndusiqv
provicies rv*rk f *i any* p€r.q{in in the eo*.struefroi1
*nC rernu{rerates, ,rt: **pr*s*ly or tacitXy underiakes i*
refirruler&te. himrher lneltldirlg tttc ma*agffr' age*t' *r

21Xj
 S.I. 45 of 2tll3

represeiltative of such person first referred

to, who is in
charge or cilntrctr af ehe rvork upon which
such second
p*"Lstlil ref*rr*d to is *mpk:yed ind
shali inclurle a self-
empla.yed ilers$i, ar tr*r*ing *rnproyer.;
"entplt]5'r}:'s pei"maneni pr-*rnis*s"
means ihe p*riilanent
pr*llrises frorn whi*i: tire ernpl*ver carries
on business;
v 'oesseilf ial seri'i*sso' inealls:ir]'v wark which mnst
b* ;;erf*rirteC if dautg*, it= fhe heaith anr#r:r
nec*sserily
safety of
tl:e p*blic tu if inrerf'*renc* with the c;rr-ry,i,rg
,;; Jiuno
inciiistr'5' l'r*siness
*r unr.lertaking is rc, hb avi-c,icled:
"'ssi'ablisirrneni" rfic&n.q ftn,v piace
a{ which the *mployer
*rnFfu:3'S ;rn eillploy*e t*perfr:rm w*rt;
"t*et*l'y bias*ci elm*i*_\,fe'" m*afig a*y
i]*rs{}rt r:n.gag*d in
ntanrefeufr:i.i:ig (":Liijr:1-*iu g;t*:riuets iil * $aciet*y
*r u*der.
fa*:t *rV ci,i:rJ i ti s.unl= ;
"fixed ;:iace *f'wrll"k'- trmf.*i;s th* **ntrac{ site, *f ii*e, clepct,
*'r;ricsl:s:? *r E:.ithi'I: pIa*e Cf, rq,r,.rk wher* &n ernplaye*
is initiaily *r:-i-pl*];,n*, *r ts:l whir:il 6*lrllie is transi-#;:
"$iel}f;t's"l ,{irnd'u .l?leiirls iFr* fiemcl
*sf i}blished in fenms cf cou**i} , s
crittsti{r:fi$}* lniri rvhi,;it **une il's cir:es frori:
empl*ys*s
ane{ effir:'igll:r{1i's +h+ gl Lt* paiC sr;d f,;'*-:rn qn;iricf}
tuc c,irtgi,;urg
exg-i*ne!itierr-.s r:f'*e:llr:-e :.1, frs Elirrlviri*C iri its eunstit*li*i;"
s}'lall he mei;
"nh{r*il'rs lv*rt."
-+i- :;helE h;rv,: r,tcnuing frs r:r*fineel in *Far;s* i B
<:i' th i s *.gre*j rlr*j 1 il;
* * *i
itdu stry " st:i*#-E.i s ghr, cq'lrs stn; ct iq}n i ndu ti-v as d*fi n ed
-'jelhbing s ab*ve ;
w*rk" l??*afis erry w*rk in tl:* irrr,tr:i;tr5r, whei-*
ellf*i:gL*n"*v, L:r'-:akduO,ln, Or Small works
q:f less
Art ;nv*Eveei
th** r;*v{:i? da.1rs. rvhsre nr: f"armal te,nel*ring ;u
riecessffy, en:pi*ying n*t mt}re than six pe;-ssns;
"lnck*up" fi1eftfis ;: sfu*tJ- rocffi:* wc.rrkshelp,
faetory or si$liiar
place cttnstretct*d *f wa!!s and a ra*f,
c$Enp{}s*C af
weather*prLliFr mart*rial vvBrich can
he seeur*ly iocksci,
the wi:q:le {s: h* $c c{}ngiftrcq*d tc provid*
* pto** f.r,
the saf*k**g:i*.g, fif efi *GTpioyee's t*u,i*
a*ci ciothes:

:gl
Collective Bargaining Agreement: Construction Industry

" Mini ster" means the Minister of L,abour and S oci al Welfare, artd
any r-eference to "Ministly" shallbe construed accordingly;
"month" means a calendar lnr;nth;
'"overtime" shall have the rneaning as defined in clause 19
of this agreement;
"Registraro' means the Registrar of Labour as defined in the
Act; Y
o'secretary" mean$ the secretary of the council appointed in
terms of its constitution;
'oshift" means one cf the stipulated periods of t:ime during the
twenty-four hour day when work is performed in relays;
.'shift worker" means an einploy*e who is required to perftrrm
shift work on A eantract site where trvo or three shifts
in a periocl of twenty*fcur h*ttrs are lvorked aecorcling
to a shift roster l*id d*\ru'n by tire employ*r;
"ski]led r,r,orksr" rneans e p*i s$n ivirr: has tr*en certified or
registcr*,cl b_v th* ministqy as e jcurneYman or skiileel
rvorkgr, C|1SS
tr,2,3 or;1" inA,'J*:;ignated trAde. OrApers{}n
who trE;iris a jr:*nrnyrnai: r*gistrati*n c*rtificate issuectr
h,i, ccunr: il' s prg$f r;f;r,;$.*r l-f itu..{* ! st F.*i:ntary, t ?S2' a::ld
r*c{-}gnizeri bi lh* i*,,f anisrt,r, q.}r *h* has becn
''1iefilp!*yei:
?r",/ ?i-,: \3inistry to perfolrnt w*rk irl
lawflilli'*xempf*ii
a iicsigi:atc;i tiai}r: :

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

esl*ulatcd hv refc;:ritrcL i.* ih;: lirdiltarr/ hours crf work
"n3r
pci'f-r:rmuit ti:.*rt cr*,: pi*-y*g rnxit,ipiied bit i:isiher cun"ent
iraulrl3r rat*, enC *;x*ir:rl*s t:i:**ses iinel cv*fiim* ftsiC
similar paymenis and all*tv;r*cs$.
"working day" rneans any ctay other than a da-v q:ff or a1l
industrial holidaY;
"worker gradeli or grad*d worksr" shall have the meaning
defined i1 Annexure 2 of this agreement;
*'working week" shall have the m*aning as defineci in clause
18t2) of this agreement"

2q2
 S.f. 45 of 2013

Pnnr II
ADMINISTR.ATION, COUNCIL DUES AND TRADE UNION
FEES

Adrninis t ration of ag re eme nt

4.Tbecouncil shall be the body responsible for the administration

of this agreement, and it may issue expressions of opinion not
L inconsistent with ttre provisions hereof for the guidance oflmployers
and
."Tptoyees, and may delegate any of its duties or po*eti of
administration to a localjoint committee or any committeeippointed
by the council, subject to the provisions of its constitution tetating to
the appointment of comrnittees.

Exemptions frottfl ag r€ ement

5. (1) Exemptions from any of the provisions of this agreement
may be obtained by an enrolled employer or employee in the manner
provided for herein. and any appl icati on for exemption may be refused
and any exemption granted may be cancelled or amended at any time.
(2) There is hereby established an exemptions committee
which shall consider and may grant, conditionaily or otherwiseo
applications for exemption from any or all of the provisions of this
agreement.
(3) The exemptions committee shall consist of not less than
two and not more than three representatives or their alternates of the
trade uniono not less than two and not more than three representatives
or their alternates of the employers. The members of the committee
t* and their alternates shall be appointed by the parties and shall assume
office at the first meeting of the cammittee io be held not later than
thirty days after the appcintment of the commitree, and, except as
provided in subclause t4), shall cantinue in oftice for two years.
(4) Of those first appoint*C, one employer representative and
9ne trade union repressntative shall retire in January each year, the
first two in January imnrediatetry following their appointment and
remaining two in the next succeeding January. T'holi first to retire
shall, unless otherwis* ag'eed amcngst them.selves, be rletermined
by lot. 'fhose retiring skrrll be eligible for reappointment.

29-1
 Collective Bargaining Agreemen* Construction Industry l
(5) The trade union md ernployers shall fill the vacancies
occulring in terms of subclause {4}'
(6) If a member is unable to attend a meeting, his/trer place
shall be taken by his/her alteruate who shall then be of full standing
as a member. An alternate rnay attend any meeting of the committee
but shall not have a vote unless tre/stre has taken a member's place.
(7) In the event of a rnernber or an alternate of the employer.q or
traCe unionbeing unable to aci, ttre baCy which made the appointment
shall appoint a replacelnent for the period of abserlce or until January
of the following yearl as appropriate"
i8) The comrnittee at its first meeting, and thereafter at the
meeting next after new appaintments hav* treen made, shall elect
from its members a chairrnan, and the person so electecl shall be a
representative of the emplnyer$ or a representative of the trade union-
resFeetivelv, in each aitema.te vear:
proviied tlrat ii'ths re*eritly retirec n;hairlEan tras been re-
appointed to the connrnittee, it may reappcirrt irim/trer to be chairrnan.
(9) trn the event thai the' chaiirnen is unable to aet, ttre
committee shall elect crne oi iis members to act until the chairnOan is
able to resurce *ffice, or appoint a new chairrnan, as apprapriate-
(10) The exemptions committee shali meet at such times es
the chairman ilta,v detennins, or as any twa members may requi{*,
or as council may direct. All decisicns af tire committee shall be by
unanimous vote with atl members, ar alternates acting for absent
members, present" Fkoper minutes *f eaeh meeting shall be made
and distributeO to all mernbers and all atrtemates and to the parties ta
this agreement.
v

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

norninated by himlher with the apprervatr cf the committee shall be
seeretary to the exemptians cclnr"{?iitr*.
( 1?) Every ernployer stialt give t* ti:*se of hisltrer emplcyees
who are re.Erresentatives on the couneii, ever-v reasonable facility ttl
attend their duties in cannection with fh* wark cf the c*uRcil.

2+4
 S.I. 45 of z}n
Applic{rtions fo, and grttnt of exemptions
5. i I ) Any employee or employer may submit an applieation in
writing, tr: the $xemptions committee in the formprescribedby council
for exemption from all or any of the provisions of this agreement, and
sha!! furnish the exemptions committee with such further information
as it may require far the pui:pcse af determining the application.
(2) As soon as it is pi'acticable ancl within fourteen days of its
receipt, the rxsrnptions cornrnittee shail determine such application
ancl ffray' issue a certificate gratnting sueh exemption for such period,
and sr-lQlect to such tenns ancl conditietns as it thinks fit. A ccpy of
such ee#ificate or the notification of any rejection and ihe reasons
ther*f*re, shall be senf to tire *rnplo,v*e and/oremployer, as sppt'*trrriaie.
i3) The exempti*res comrnittee may, at any tir'ie" in respect
oi an applicant ta whom an *xemptir:n has becn granted, revcke or
amenC tirat *xeilipticl::,;as the case nlay be, and such r{:voilati*n or
arnendment sliall have elfect f'rr:m such iiate as th': iriiilj:;::--tee r,:ei'
fi,q and shail be notified {a the persons rcferred to in sui:c}ause t2}.
{4i Any efi"rp{r-;r/** CIr empl*yer rvhcse applicntion has h*en
rejected, or wha has rec*ived a notificaticn under subclause {3i, rnay,
withir: fourteen days, l*dge and app*atr. in writing to the council who
shall detennine the appeal r.vithin faurtsen davs of its receipt. The
rejection, revocatir:n or amendment" as the case may be, shall remain
valid pencling the determination af that appeal, and shall be adjusted
in accordance with that Cetennination.
(5) If the exemptions ccmmittee is unable because of lack
of unanimity to reach a Cecision, an arbitrator shall be appointed by
council. The artritrator shall cletennine the matter within fcurteen
days of its receipt hy him/irer, and hisftrer decision shall be final and
binding under this agreement.
(6) Any unexpired exemption under any previous regulations
or agreement which operated in the industry, and to which the
provisions of this agreement are relevant, shall have effect in
relation to this agreernent only for a period of six months after its
publication or until the exemption expires, whichever time occurs
first, during which period an application must be made in terms of
subclause ( I ).

295
 Collective B argaining Agreement : Construction Industry

Designated agents
7 .(1) The council shalt advise the Registrar of specified persons
whom it wishes to be appointed as designated agents to assist it in
giving effect to the terms of this agreement.
(2) Upon the production by the designated agent of a valid
certificate of appointment issued to himArer by the Registrar in terms
of section 63 of ihe Act" an employer or employee shall grant himlher
rights of entry, access, search and examination as prclvided in terms
of'that section.

Enrolment of employers and notdicntion of contracts

8. (1) At the date of registration of this agreement, an existing
employer in the former buildiilg, civil engineering and concrete
proAuits industries registered, and in good standing, with the national
lmployment council for the construction industry shall be deemed to
have cbmplierJ with subclauses (2) and (4),and the balance of interest
accrued up to that date on hislher previous declaration deposit shall
be treld bt council to the credit of that employer until such time as
the provisions of subclause (9) apply.
(2) Any person proposing to become an employer in the
construction inclustry shall, prior to commencing operations, render
a declaration to the council, containing the particulars set out in the
form prescribed in Annexure 6.
(3) Any change in the particulars entered on the form prescribed
in subclause (2) shall be notiried to the council, in writing, within
twenty-one days of any such change.
(4) A person rnaking the declaration prescribed in subclause
(2) shalt pay a non-refundable joining fee as prescribed by council
from time to time.
(5) The secretary shall cause the trading name of every
employer who has complied with the requirements of subclauses (2)
and (4) to be entered in the council's register of employers.
(6) The secretary shall issue acertificate of enrolmentto every
employer enrolled in terms of subclause (5), and a new certificate
shall be issued to an employer referred to in subclause (1).

296
 S.I. 45 of 2Al3

(7) Any employer who, for three consecutive weeks, fails

to submit returns to council as required by this or any other current
agreement of council shall be notified of such omissionby the secretary.
Unless such returns accompanied by the payments prescribed in
the notice of omission are made within seven days from the date of
notification, legal proceedings for their recovery shall be instituted
and the trading name of the employer shall be deleted from council's
|tr- register of employers. Such deletion shall be deemed to be a cancellation
v of the employer's registration. For the purposes of this subclause, a
letter addressed to the business address of the employero &S supplied
in terms of subclause (2), sent by registered post shall constitute
sufficient notification.
(8) In the event of the-
(a) cessation of operations in the construction industry by
a registered employer he/she shall notify council within
thirty days of such cessation and may apply forrefund of
the surety or balance thereof, together with the interest
thereon standing to his/her credit;
(b) cancellation by council of an employer's registration in
terms of subclause (7) or for any other reason he/she
may apply for the refund of the baiance of the surety,
together with the interest thereon standing to his/lrer
credit;
and council shall, within si.x months of such applicatirtn, remit the
interest accruais and the surety less any cleductions made in tenns clf
any agreement of cor"rncil.
E7 (9) Any employer who has notregistered and is founcl nperating
will with council and the fallcwing provisions
he called upon to register
wili apply--
i.a)---
(i) if the empioyer has tleen opernting with*ut being
registered for a period of r:tte montir or more,h*l
she shall pay apenetty fee equel to fifty psrtentrsnt
af the joining fee as prescritred in subclause (a)l
(iii regardless af ttre periccl for which thc einplnyer
has been operafing without Lreing registered with
council. all paliments" which he/shc should in terms

297
 Coltective Bargaining Agreement: Construction Industry

of this agreement, have been required to make

to council together with any shortfalls in wages
paid to his/her employees during that period shall
immediately become due and payable;
(iii) in the event of an employer failing to comply *ith
the registration requirement within the spccified
perid he/she wilt immediately stop operating
and council may take legal action to recover any
outstanding dues and shortfalls in wages;
(iv) aftercancellationoftheregistrationofanemployer
he/she will only be re-admitted for registration
after he/she has complied with all requirements
and made all payments which were due at the time
of cancellation;
(b) in the event cf cessation of operations in the construction
industry by a registered employer he/she shall notify
councii within thirty days of such cessation and if hel
she is registered in terms of subclause (l) may apply
for a refund of the surety ar balance thereof, together
with interest thereon standing to his/her credit.
( l0) Nc employer shall enter into any contract with eny other
employer to carry out bonstmction incJustry rvcrk unless helshe has
pruuiolsly tfetennined, by personal inspection of such employer's
certificati of registratian or ciher written proof that suc:h emplcyer
is currently conianning in terms of the |.lational Sccial Security Act
lChuptg I7:A4 ariti isregistered as an ernployer with the c*uncii in
terms of this agresment.

Enrotment of workers including working emploV-'er

9. ( 1) Every person, whether a working ernployer or employee,
perf*rming *ori. in the construction industry in the categories listed
in Annexures 1 and 2 shatl, not later than ten days after taking up
ernployment inthe industry, apply forenrolmentto the secretary using
the-foim set out in Annexure 7. The secretary shall, within fourteen
days of receiving the apptication, issue to the applicant,, a worker's
enrolment certificate. Such certificate shail-
(a) in the case of a skilled worker or approved class of
worker. state the trade and class allocated to him/trer,
298
 S.I. 45 of 2013

following classification by the MinistrY, or the trade

or occupation approved by council, as the case may
be;
(b) in the case of a person in the worker grades, state the
L''ccupation and grade allocated to him/her by his/her
employer;
(c) contain a suitable photograph of the holder which
V shall be provided at his/trer cost by the applicant in
such quantity as required by council at the time of
application;
(d) in the first instance be issued free of charge.
(2) Every person shall, upon request, produce his/trer worker's
enrolment certificate to his/her employer orhis/her prospective employer.
{3) Subject to the provisions of subclause (1), no employer
shall employ or continue to employ a perscn who has not applied for
a worker's enrolment certificate or who is unable to produce hisArer
wcrker's eruolment when required to do so.
(4) Any person who loses his,/her urorker's enrolment
certificate shall report such loss within seven ciays to the secretary,
and shall, at the same time submit an applicatian for a replacement
certificate, using the form set out in Annexure 7. Such application
shall be accompanied by such quantity of suitable photographs of
tl:e applicant as is requirecl and such fee as is prescribed by council.
The .,oecr€tnry shall, within fourteen days from rece ipt of application,
issue a replacement wcrker's enrolment certificate to the aprplicant.
Ali replacement ceffiticates shail be ciearly marked as duplicates.
!- (5) A person enrolled in a worker gracte, who, upon rneeting
the criteria as prescribed by council for enrolment to a higher
graCe, rnay, not more than once in any six-month period, apply to
the secretary for enrolment tc a higher grade. Such applicatian,
using the form prescribeC by council, shall be accompanied by
such quantity of suitable photographs of the applicant as is required
and such fee as determined by council" The secretary shall, within
tburteen days from receipt of the applicetion, issue a new worker's
enrolrnent certificate to the applicant, relating to the appropriate
higher grade, in exchange for his/trer otd certificate which shall
he retained try council.
299
 Collective Bargaining Agreement: Construction Industry

Workers record of service

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

employer shall, unless he/she has already done so under a previous
agrbement relating to hislher industry, prepare for each of hisftrer
employees a record of service, in the form set out in Annexure 8.
If the imptoyee is or becomes a member of the trade union, his/trer
number shall be included on the record of service. \?
(2) The record of service shall be held by the employer and
shall be brought up to date and handed to the employee on termination
of service.

Retrenchment
108.(1) An employer who wishes to retrench five or more
of section IZ(c) of the Labour Act
employees shall do so in terms
lChapter 28:011.
(2) An employer who wishes to retrench less than five
employees shall do so according to Statutory Instrument 1 86 of 2003.

Council's dues
ll. (1) Council's dues shall consist of contributions to the
general funcl and shall be made by every-ernployel and employee
in the industry for such purposes as are provided for in council's
constitution, anel shall consist of-_
(a) cleductions of 2.5% of basic wage per week frarn iill
skillecl workers and other classes of wor*ers $pecifieei
in Annexure 1 who havb r,vorked three working days
v
or tnore during that warking week;
ib) equal amounts added by all employers to the deductions
specified in paragraph (a);
(c) an amount equal to 2.25cio of the hasic worker gracle
one weekly wage, which shall be paid to council by a
self employed person or working ernpioyer, or partnetr,
or a director, r,vho has bcen registered try catrncil aS a
rryorking employer;
(C) an amount equal to that specified in paritgraph (c) per
week. which shall be paicl to cottncil by a porson, cr
3r)0
 S.I. 45 of 2013

partnership, or company, who, for the time being have

no employees and are notperforming work as a r,vorking
employer, which amount shall be accompanied by the
form provided by council for recording wage deduciions
and contributions completed as a Nil retum.
(2) The employer shall add the amounts specified in subclause
(I) to the amounts required to be paid by employers and employees
to the pension fund in terms of those current Uenefit agreements, and
L shall enter atrl the required particulars thereof in the foim provided by
council for recording wage deductions and contributions. This form,
completed as prescribed by council, together with the aforementionecl
remittances shall be sent by the employer so as to arrive at the offices
of council not later than ten days aftei pay day of the week to which
they relate.
Where remittances to council are not paid by the due date,
interesf shall be chargeable at the rate of 7 .57a ro*pound interest.
(3) Every employer shall ensure that the form provided by
council for recording wage deductions and contributions is ur"d
only for that pu{pose, and that the form is properly completed in
all respects when submitted to council. It in council's opinion, an
employer is abusing the form or using an excessive or unreasonable
number of forms, it may impose a charge, which it shall prescribe,
ol llut employer for forms required by him/trer, and that -employer
shall pay that charge until the council sees fit to withdraw it.
(a) Council shall at an employer's request give instruction or
assistance to that employer on the correct compilation of the form. On
the first such occasion the instruction shall be afno charge, thereafter on
l- each occasion on which the council gives instruction or assistance in
or
necessarily corrects the compr-lation of the form the council shall charge
a fee equal to one percent of the total remittance due with that form.

Trade union membership fees and check-off system

!2. (1) The check-off system for the collection of trade union
membership f.ees due by any employee in the formerbuilding industry
provided for in Statutory Instrument 402 of 1983, ?s amended ani
extended, shall continue unintemrpted by this agreement but shall be
subject to its terms and provisions and shall upon the registration of this

301
 Collective Bargaining Agreement: Construction Industry

agreement, be extended to include any employee in the constntction

industry who so requests"
(2) The trade union membership fees to be collected shall
be those amounts notified to all employers from time to tirne by the
secretary to council whenever the tr"ade union infcrn' ' hitn/her of the
amounts it has determined as its fees.
(3) An employee agreeing to enter the check-cff systern siratrl
cornplete. and shall sign and have duly witnessed, a stop-r:rdcr, in a fcrnx
prescribed by cr:uncii, auttior"ising his/her elnploy*r ts iieduct weekly
Y
from hisiher wages that anount whieh constitutes his"i:ei' lecs tr-, tir*
tracle union using a ccpy of the NEC check-off systern orcier b*ok"
'fhe
coune ii shall advise an new prospective eu:ployer to deduct d**s f t"rlrn
any rnember upon receiving the first cantributicns af General Frurrci.

(4) Not later than two pa,v periods after the receitrlt b;; the
emptroyer of a stop-arder as provided for in subclause i3,1,, an crn!:iloyer"
shail make rhe reqtiisite cleduetiun each week frorn tli* emg:loy*e's
wages:
Fl tlviderj that an exnplo5rer may refuse to make such d*driction
if it is pro.'.'*d tc ths satisfaction of council that undue infiucnce (lr
ccerci*n has been, or is being, exercised by rnembers of the trade
union to c*rnpel non-members tc become members thereof.
t5) From all munies due to the trade union, collected hy hinv
her in terms of subclause (4), the employer may deduct and retain a
collection fee of not more than one per centwn of these moniss.
(6) Upon making the deduction in terms of subclause i4), the
employer shall enter the employees' name, NEC number, class or
grade, and the amount so deducted on the form providerl by council \r-
for recording wage deductions, and shall remit the amount, less any
collection fee in tenns of subclause (5), to council together with a
number of copies of the form as may be required by council.
(7) Upon receipt of the trade union's fees, eouncil shall transrnit
these to the trade union together witli a copy of'the form refemed to
in subclause (6).
(8) In the event of a change from one employer to anotirer by
an employee who pays his/trer trade union fees through ttre check-off
system, it shall be the responsibility of that employee to complete

302
 S"f. 45 of 2013

a new stop-crder as provide'l in s':bclause (3) and upon

receipt of
that new stop-order the new employer shall comply with
the terms
of subclauses (4), (5) and (6) relating to deductions and acquirral.
(9) An emplo,ver shall cease to rnake deCuctions in terrr.rs
of
subclause (4)---
(a) afier the eighth day pe"iacl foliowing the reeeipt b_v the
employer cf a duly r,vitnessed order signed by rhe *piny**
-a? cancelliut_g the stap-orcler unless such cancelling orcJer
is
' revcked hefare rhe end of the eightti pay,periol;
(b) nof later than tw* pa.' ;rcri*ds fallowing th* receipt by
the enrplirye r a written natification Uy tile trade union
":f
that the employe* has been expe lied bt the tracle union"

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

13" Every *mpic.Yer shai! make a-u'aii;{rle in & piac;e easilv

accessible t$ all persons in hislher empi*yment" a copy of rhis
agreement and ail arnendmenrs ther*f*.

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

14' (1) Where an employer prcvicles at an esrablishrnent, a
notiee board, it shali he of'rease:nahle size, heing n*t less than cile
square rnetre, and i:e l*cated in a cofisflicuous plaie easily
accessible
t9 all psrsons in hislher emplayment at that plice. Suckr notice
Lr*ard
shall show the ernployer's nams and b* so Co**t*cted and
secured,
protected anel if necessary illuminated, as to ensure
the safe keeping
and legibility of notices placed thereon. -

i2) The aforesaid notice board shall be deemed to be an

official notice board and ail notices placed therecn by the employer
or by the workers' committee relating to conditions of
*mployrnent,
labour relations' ittstructions, company rules and other infor*ration
affecting em'ployees in their emplbyment, or placed thereon
at the
request af council, shall constitute official and iufficient
norification
to the employees at that establishment by the employer, the
wcrkers,
committee, and councii, as the cas* *ay be, of ru.fi *utJ*or"
(3) Where a notice board as aforesaid exists, the employer
shall display and keep up to date on that notice board,
u noti*e shbwing
in respect of that establishment-

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Collective Bargaining Agreement: Construction Industry

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

(b) the normal daily times of starting and finishing work for
the various categories of ernplclyees atthat establishment;
(c) the details of any annual shut-rjown;
(d) the industrial holidays prescribed in clause 31 .

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

behalf of the *orker*' commitiee ancl council whereby a neitice is
required to be displayed on the notice boartl. S/
(q No persorl shall, without lawful cause alter, d9f ace or move
or cause to be iltered, defaced or rnoved, the copy of the agreement
referred to in ctause 13, or any notice which has been placed try the
employer or the workers' committee on the aforesaid notice boarcl
*r,r*pf on the instructions of the employer when carrying out his/trer
responsibilities in terms of this clause.
(5) Wherever construction operations are being carried on
by a1 employer, he/she shall clisptay and maintain, in a conspicuous
piur* on that construction site, aicessible to the public, a sign-board,
of a size at least one square metre, showing hisArer name, business
address and National Employment Council registration number
with
conspicuous lettering.
'

Penr III
CONDITIONS OF EMPLOYMENT
Employees bound by parallel agreemenls
15. It is a prime condition of employment that all employees in
the industr|, stratt be bound by current benefit agregments, particularly v
those relating to pension and medical funds and shall contribute thereto
if so required by such agreements.
p,rotection of employment: protection of subcontracting employers

16. (1) An employer shall not give out, and an employee shall
not perform work except upon an hourly paid or shift basis and in
conformity with all the terms of this agreement.
(2) Contracts of employment to do work for which a minimum
hogrly rate is laid down in this agreement shall be entered into on an

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 S.I. 45 of 2Al3

frourly basis, and for every incomplete hour worked by an employee, his/
h:t employer shall pay a proportion of the employee's current ho*ly rate
of wages to the nearest quarter of an hour foi Ur-e time actually
*oik d.
(3) No employee shall carry out or perform work in the
construction industry as defined in this agreement for any person
other than a registered employer.
(a) No emploY"t
* work in the construction $a,ll
employ aperson to carry out orperform
industry as-deiined in this ugt".*ent other
than an enrolled employee.
(5) An employee, whilst in the service of an employer
engaged in the construction industry, shall not undeftake, for trisl
her own account, any class of work falling within the definition
of
construction industry:
Provided that this subclause shall not apply to an employee
carrying out work on any existing residential premis-es owned by frinV
her.
(6) All employers in the construction industry shall not
discriminate against any empioyee or prospective employ.. on g;ounJ*
of race, tribe, place of origin, political opinion, colour, creed,-gender,
pregnancy, HIV/AIDS status or disability.
(7) Every employee shall have the right to be a rnember of
a
trade ttnion ancl workers cornmittee ancl *ttgig* in larvful activities
of such a trade union anrJ workers cornrnittJe .
i8) Every employee shall have the right to fair labour stanelarcls
and dernocracy at the workplace and nn, p**on shall hinCer.
* or prevetrt an employee from taking any lawf'ul actiol f"or
obstruet
aclvancing
or protecting hislher rights or interests.
(9] I'io emplcye,r shall engagc in unfair labogr practices
r,vhich
are otttlinerl in sectian I glf the Labour Act
l,Chapter-ZE:t)ll.

C r;n t rtr r. t of enz ployrnenf

I 7' An employer shall, in writing, inforin every employee
Lrpon
oilgagement of the natttre of hislhsr contract, inclucling*-
(a) his/her grade; and
(b) his/her rate cf pa,r,' and when it will be paid; ancl

3r)5
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Collective Bargaining Agrcement: Construction Industry

(c) any provision for accommodation; and

(d) duratiol of contract and the period of notice required
ta terminate the agreement of employment; and
(e) the hours of work; and
(0 the details of ani+ i' ?nus ,,r incentive production scheme
in operation; and
(g) the nature and duration of any fixed annual shut-down;
\t
and
(h) the provision for benefits during sickness or pregnancy;
and
(i) vacation leave; and
fi) his obligationto abideby the code of conductin Annexure
II; and
(k) the terms of Probation, if anY;
and shall use the otficial employment agreement form approved
by the
Ministry and by ccuncil and set out in Annexure 12 of this agreement'

Hcurs af work and, dilY-off

1S. (1) The provisions of this *lause shall not apply to guards
and watchmen.
and to
i2) subject to any exemption granted under clause 5
ttre terms af clause 20 relaJing ta shift-work, the crdinary hours af
w*rk for nlt employees shall nat exceecl forty-four hours per we*k
wtrich strall be iv*iL** betr,veen the hours of 7 a.m. and 5 p.I11: of
these hcurs, nine shalt he warked eal:h elay on a Mcnday. Tuesday, v
Wodnesday and 'fhursday and eigirt shall be worked on a Friday.
t3 ) All empioyees strall be allowed a fitteen
minttte breaii
about rnicl-marning eulh day with pay, and also a mid-day break of
a rnininlum of thirty rninutes without" pay
(a) An employer"shall not require an employee to work more
than twelve hours in any period of twenty-four hours, nor for more
than seventy-two hours=in any period of seven days"
(5) An employee shaltr not be required to work far a continuous
period of more than four hours without being given a break of fifteen
minutes, without the loss of PaY.

306
 S.I. 45 of ?013

(6) Every employee shall receive at least

gach vr'v day
one \' off duty
wggk.
(7) An employee shall not be required
to work on his/trer
day-otf, except in Caset eg"rgency woik,
and no employee shall
be pertnitted to work on ?{
hislh*r iuy-orf in successive rveeks.

Overtime
b 19' (l) The provision of this clause shall not apply to guards
and watchmen.
(2) "Overtime" means any work done
in excess
4'r v'rvv,,rJ of the total
hours per week set out in clause l-g12;.
(3) The wcrking of overlime shall be by
mutual agreement
between the employer ano the pamicular.*pioyee
affected, except-
(a) in the ca$e af emergency work; or
(b) on essentiai services; or
{c) as provicled in clause Z0 (5): or
{d) in fny other abncrmal circurnsiances which shall he
nertifiedto c*uncil within twenty-iour hours;
rvhen the emplo3rer rnily require, anq! the ernFlovee
shall work such
avertirne as may be n***ssary.
{4i An emplr:,1..*i shnli tljay *}} employee on t}re following
basis frrr cvertin:e workcd-* '

ia) at the employee's cilnetrthonrlyrate plus

one 6alf of the
current h*urly r*[e in r*spect of ali hours
rn any p-;i;;
\> frcm htfondai t* I"rietay *xceerling farty-five
haurs a*cl
nor r:xce*ding sixty_hrJurs.
(b) fcr each hour or p$rticn q:{'an hour warked between
midnight cn Fridny anel ?:30 a.m. on sunday
at the
employee's current ha*rly rate plus one half
of the
current hourl3, rate; whether or not t'e employee
has
completed 44 hours within that week;
(c) each heiur or portion of an hour worked
between Z:3{i
a.m. on sunclay and ?:30 a.m. on Monday
shail be paid
tfrg employee's current hourly rate plus
3t the current
hourly rate. !

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 Collective Bargaining Agreement: construction Industry

Shift-work
20. (1) The provisions of clause l8(3), (Q.and (5) shall not
apply to ritift workers, who for the pu{poses of this clause shall not
inCtuOe guards and watchmen.
(2) An employer may require any or all of hisftrer employees
on a contract site tb chang* ttirttrer ot their hours of work to those
of
a shift worker.
If an employer requires an employee to change his/her
(3)
hours of work to that of u snift worker, the employer shall give
the employee concerned at least five working day-s', notice prior
to suctr- chinge and inform him/her as to the date of the change as
well as the hiurs and shifts that will be worked by him/trer. The
employee shall conform to the terms of such notice, on the date
of change.
(4) The ordinary hours of work far shift workers shall not
exceed forty-four houtt p*r week, and the ordinary hours
of work
per shift foi a shift worker shall not exceed-
(a) nine hours, where two shifts in a period 9f twenty-four
hours are operated, anrJ such shifts shall be workecl as
five tronsecutive shifts ;
(b) eigllt hours" where thr*e shitls in a periodcf twenty-f'cxrr
hours are opeE:ateti, *trd such shifts shall be warked as
five consecutive s?rifts.
(5) Notwittrstanding rhe provisiorrs of clause lSt6) and (7),
an empliiyer: may require, *ttd an ernphyee shall work such
overtisne
as is laid elown in accordar:ce with th* c*ntract si$. shitt roster,
and
th* empluy*,i strall he peid !or such i:vcrtime rl'*rk*,d in acccrclal]{1f,
with clause I9.
(6) A shif t worker whi-ise tlrtili h*nrs of work cloes not erc*ed
ten hoorr p*r shift shall i:c -Eran{eri a break r:i at least ten minutes
cluratro,r oipooxirnate ly mid*ay through the shift arid the employ*c
shall be paid fcr such a break.
{7} A shift rvcrker whas* tctai hours af work exceeds
te:]
h*rlrs per shift shall be granterl two breaks each of at least ten mintttes
duratiun, the first such break shall be taken itpprerxlmately a thircl cll
the way through the shift ancl the s*ccnd break approximately two
308
 S.I. 45 of 2Al3

thirds of the way through the shift, and the employee shall be paid
for such breaks:
Provided that where due to the nature of the work the employee
is carrying out' the breaks as provicled in this subclause and
subclause
(6) cannot be taken at the tirnes prescribed; they shall be
taken either
before or as soon as possible thereafter.
(8) The emplo-yer shall provide the services of an employee
to prepare tea during the prescribed ten-rninute break.
V
{9) An employer shall not require an ernployee to work two
shifts in any period of twenty-four hours except-
(a) in the case of emergency work; ancl
(b) for the purpose of changing shifts when ar least eight
hours shall have elapsecl since the completion of lhe
employee' s previctus shitt.
(10) A shift worker who is required to work two shifts in a
period of twenty-four hours for the purpose of changing shifts shall
not be entitled to payment of overtime for the ordinu,& hiurs worked
during such shifts.
(11) A shift worker shall not be kept on night shift for a
continuous period of more than four weeks without his consent.

safety and protective clothing and appliances

21. (1) Every employer shall supply, free of charge, to each
of hisArer employees suitable safety a"a protective cl6thing and
appliances
lppropriate to the trade or occupation of the emp'ioy*,
concerned. Such safety and protective clothing and appliances
v shall
be in accordance with tft" Sc^hedule in Annexuie 4 tottris agreement.
All construction-site workers shail be provided with hard his bt th;il
employers, free of charge.
(2) An employee shall, at all times, while at work-wear or
yse any safety and19r protective clothing or appliances supplied to
himftrer in terms of this agreement, and failure to do so shall absolve
his&er employer from any legal liability arising from any incident
or
injury attributable to such failure.
(3) The safety andprotective clothing and apptiance
shall remain
the property of the employer but the care and maintenance
thereof
309
 collective tsargaining Agreement: consrnrction Industry

shall be ihe responsibility af the ernployee who shall return all such
iterns in a clean and seryic*able c*ndition. tair weer expected'

W*rkinE r:lothing
ZZ. il
] Employees
-
ensaged in the trades end occupetions listed
i11 Annexurss l anb 2 tc in*
agrcernsilt, excfipt those deJ'ineci as
clerical wcrkers, strall he entitled, $potl $uccessful carnpletian of their
preibatianary periads, to rec*ive frq)fft th*'il *mploycr, free *f, charge,
a s*,t cf ovei*it*q of the hoilcr-sriit. wr-rrk-siii'; or dust*cat types- ttlr us*'
b3, tliern r,vhilst 3t wcrk. Th* caile nird snitintenance ai'such working
,;i*thing sh*ril be thrl r*sponsitritir,r.'" *f t?ie *nrpl*y*e who shall be
entitled ta a replaceni*nf issu* r:r:t fil*:i"*. than onl;-t ir: ea*h elapsccJ
six rnpnth periact. T'h* en:playfir si':.atrl p::r:l'idc a stalleJard ?-5t] g htrr'
r;f soilp p*u:**nth wheihsitengible"L:;*;: t:r the value equivalent to the
e*st *f ttre bar for iatindering wr:rking cl*thii^rg'
(Z) Upcn te:-minaticn *f *rng:l*vn'l*nt i*r v"'hat*ver reas*n" lh*
*mpl*ye s refin ed to i* subciar-rse { i i sliai! reii.:rn ta the emplo,v*r the
said ovsralls in a clean end serviceebk: ci:nrilt.icsl, tair
wgar expected'
Faiiirig such rsturn, the er:pl*:,ve*. shaii havc *ieciucted frcm his,fter
final p*y**nt the cost of the sairt i:v'ci'itlt;r at lhe tirne of issue'

fleeeith *nif :;rtfetry

23. {I ) Every ernployei" si:all *sta}:lish a health and safet,v-
somrnittee consisiing of tvyo emplcyer repr*sentatives an,J trv*
employee representaiives, and qhnt cornuuttce shalt elect one cf its
members es chairman:
Frovided ttrat where a works courlcil sxists, it shail appoint \t'
the health and safety eclmnrittee fri:m amongst its members.
(2) Thehealth arrd safe ty cornmittee shali apply an{ adrninister
within the establishment the industry's occttpationai health and safety
poticy as deterrnined by couneil frorn time to iime
(3) The council shall app*int safety officers from amongst
its designated agents to assisf in giving effect to the industry's
occupatfunal treatttr and safety policy. S_uch safety officers shall
have-the powers of entry and insper:tion of designated agents for the
purpose of discharging their functions.

310
 S.I. 45 of }An

Site shelter and other facilittes for employees

l 24. (l) On every construction site where constnrction work

(except jobbing) is being undertaken, the following facilities shall,
unless irnpracticable, be provided for use by employees-
(a) a lock-up;
(b) rveather proof shelters suitable and adequate for
employees to shelter from inclement weather;
\, {?) On every constnrction site, where construction work
(except jobbing) is being undertaken, the employer shall
provide.-
(a) insurance for tools, stored in the lock-up referred to in
parngraph i1);
(b) tea and the services of arr employee to prepare tea for
ttre morning hreak;
(ci sep{u-ate toilets with showers ancl washing basins shall
bc provided for female employees;
{C) mirrors shall be fitted in ladies change rooms;
(ej iunch: sadza and vegetables shall be provided during
the lunch period as the minimum standard.

Skilled worker s' rocJs

25.tl) A skilled ur*rker undertaking eonstruction industry t.vpe
work shall pravide for hislher own use sueh tools as are prescribed in
Annexure 5 of th.is agreement for his/her particular trade. Any such
skilled worker, providing and maintaining in good order and condition
at all tirnes ths tools applieable to the foilowing trades strall be paid by
his/her empl*yer a tool allowance tn accorelance with the following-
(a) asphalting, glazing, painting and decorating, wt:od
working-machining, architectural metal work-as
pre.$cribed frcm time to tirne;
(b) hricklaying, masonry and stonework, plastering, terr &z.zo
and mcsaic wall and for floor tiling-as prescribed frorn
time to time;
{c) carpentry, carpentry/joinery, wood-working, jcinery,
shop-fitting, electrical installation, plumbing-as
prescribed from time to time;

311
 collective Bargaining Agreement: construction Industry

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

prescribed bY the council.
(2) A skilled worker undertaking extraneous industry type
shall
work domestically for an employer in the ionstruction industry,
practice in
provide tools for irisArer own use according to the agreed
the relevant extraneous inclustry, or in accordance rvith Annexure 5

if applicable.
Watchmen

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

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

Code of conduct and grievance procedure

27 A.(1) The code of conduct and grievance
procedure set out
in Annexure 1t shall be observed by all employers and employees:
the approval
Provided that, if neces s ary, an employer may, with
but not in principle to
of council, adapt or simplify the code irrdetail
suit the circumstances of ftisffrer particular establishment'

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

which are not
in accordance with the code, and in any such,instances
these shall be dealt with having due regard for
covered by the code,
the spirit and intention of the code'

Terminatiotn of employment, and tirne and tasik contracts

Z7B. (1) A contract that does not specify its duration
or date of
termination other than a contract for the performance of a specific
service, shall be deerned to be a contract without limit of time.

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

resignation,
due to him/her up tc the time of dismissal, termination,
incapacitation ; deartr, including benefits with respect to any
leave pay, notice period and pension.
outstanding vacation,
(3) The empioyer shall pay benefits to such person or his/her
estate, as the case {nai be, as soon,as practically possible"
t1:)The wage$ and saiaries shall
not form part ofretrenchment
package which an employee is entitled in case helshe is retrenched'

317
 T-

S.I. 45 of 2013

Notice of termination of employment; termination af time or task

contracts: termirration owing to continued abs;ence from work

28.(1) Except as provided in subclause (8), an equal period of

notice to tenninate any contract of employment shall be given by the
employer and the employee parties thereto.
(2) Since all contracts of employment in the construction
s, industry which are subject to this agreement are based on hourly rates
of pay, the minimum periods of notice in respect of an employee in
continuous employment shall be-
(a) twenty-four hours in the case of a contract of less than
three months;
(b) two weeks in the case of a contract exceeding three
months but less thalr rix months;
(c) twenty-two working days, when the period of
employment exceeds six months but is less than one
year;
(d) two months in the case of a contract exceeding one year
but not exceeding two years;
(e) three months in the case of a contract without limit of
time or a contract exceeding two years.
(3) Except inthe circumstances of subclause (2) (a), noemflloyer
qhall give ncrtice of terrnination of contract whilst the ernployee is sick
cr disabled, and entitled to sick leave benefits in tenns of ciause29.
{4) Neither the emptoyer nor the employee shall give nntice
\> of ternlination of- contract whilst the employee is on vasation leave"
(5) An empk:yee who has given orreceived notice to terminate
ernployment shall not be required or permitted tei take vacation leave
during the peri od of such notice, except by mutual agreement, in writing.
(6) An employer may discharge hisArer obligations by paying
an emplcye* hislher full wage and allowances for anC in place of the
period sf notice required to be given in terms of this clause:
Frovided that if the employee is sunrmarily disrnissed in
terms rif this agreenlent., he/she shall he entitled on disrnissal only to
wages, leave and *vertime payrnents and any ather allowances and
henef?ts due to him/trer at the time of hislher dismissal.

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 Collective Bargaining Agreement: Constnrction lndustry

If an employee leaves his/her employment without giving

(T)
notice or having given notice, fails to work that periodof
notice, the
employer rnay iJOuct from any wages or leave due to that employee
an amaunt equal to the *ug"i he/ihe waulcl have earned if he/she
had worked the Period of nctice'
(8) Any contract of employment in respect of an employee
ertgaged for*- v
(a) a time period, shall specify the starting and te.rrninating
dates of'that Period;
(b) perfornrance of a specific task, shall establish clear
understanding hy both parties as to the heginning airei
e*d af the pJrf*rrnanLe of such task* or those. pcints
during the builct-up or winding-down thereof, at which
the contract of ernpkryment starts and tenninate,s;
anct nr furtire.r period af notice shall be required:
prav ided th at a$i,' e arl i er terrnination o f' c ontrac t of empl {i ymenf-
shall be sutrjeci to tfue tirrns oi sul*clause i?i'
(q) Subjeet to rhe provisi*ns of clau se}gt?Xtr;, lvhers, owing
*xce*ding
ta iilness $r aceident, an Lrnployee is unable for a p-eri*d
the c*rrtract
il-ry ,!"***stive days to iriifill the c*nditi*ns e-rf of-
er}ntra*t
ernpXbyment, the ernpit:yer Ehalt be entitled t* ternrinate ths
on due notice and in such event fhe ernpio3'e.e strall. be e*ti"led qtate
t* nll
the bep*fits provi*letj f*r iEl this agreement atrd the eLlntrect
trp t*
qif termination"

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

a;1esnnicyee nnutuaiiy egreeing tc the termination cf a e*ntract
of
ernplci*bnt or to the wa;ving of natice if suctr agreenicnt is in writing
*rd si$ned by borh parties at-the time the ernpioymertt is teminated"
I 1} An emplcyee engeged as a skilted warker, class t ,2, 3
{
E"-lut hisiher
r-o
or 4, or as en approved itu** ciF worker strali be allaweei
taols in eirder Juring the last half ho'*r e>f the pcriad clf *otice referreei
to in subclause (1).
**nf*rurr
{l?} Any notice of tenninaticn *f *rnFi*y-mcnt:*lall
witlr ttre relevant terms of section t 2 ,(:!: th* tr*al:olal" Act {Chr+pter ?#:t} }}
with amenclments.

3i4
 |IF
r
r

Collective Bargaining Agreement: construction lndustry

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

notice or having given notice, fails to work that periodcf notice,
the
employer may IJOuct from any wages or leave due to that employee
an amount equal to the *agei he/she would have earned if he/she
had worked the Period of nc'rtice.
(8) Any contract of employment in respect of an employee
engaged for-- Y,./
(a) a time period, shall specify the starting and terminatilrg
dates of that Period;
(b) perfornrance of a specific task, shall establish clear
lnderstanding by both parties as to the heginning ailcl
end af the pJrf*rrnanLfl of such task, of those pcintl
during the truild-up or winding-down thereof, at which
the contract of employment starts and temrinates;
ancl no furtirer period of gotiee shall be required:
prov ided th at ani,' e a: ! i er terrnin ation o f, c srntrac t of empl * ymeni
shall be subje*t to the tenns of sut:claus* {2}"
lvhers" owing
tg) Subjee{ to the prcvisians of clau se}9tlXtrl,
tc iilness or accident, an bmployee is unable for a pgricd excteeding
q-rf th* corrtract of
;il;ry,- *L"**curive days to iuif*t the e*nditi*ns
ernpXbyment, the ernpiayer shalt be entitl*d t* terrninate ths
eclntra*t
cn due notice and in suctrr event the empiayee shalt be esrtitled t* nll
provi*terj fr:r in this agr*ement and the euntrect rap t* date
the berrsfits
qlf tetmination.
unq
t1fii i{ot}ring in this ctause shalt prevent ail ernplayer Y/
an e$lnicyee rnutuaiiy ugreeing to the terminati.*n cf a cnntrect of
*rnplcimbnt or to the waivin g,:f ncticeif such agr*enicTt is in writing
und si$neC by both parties aithe time the emptroyrnertt is terminated.
An employee engaged as a skilteC wcrker, class 1u 2, 3
{1I }
or 4, or as an approved ilu** of worker strali b* alloweei tu put hisiher
taols in grder during the last hatf hor.rr s:f ths periccl slf *ertice referreei
to in subclause {1}.
{1?} Any notice of ten*inaticn *f *mp}*y-*rent,-g}i;iil
**nfcr:r"r
with the relevant terms ot'section [? *f th* tr-aF:ous' Act {Chrap{er 2S;#i]
with amenciments.

3i4
 S.I. 45 of 2013

Pnnr IV
SICK AND VACATION LEAVE,, INDUSTRIAI- FIOLIDAYS,
SHUT-DOWN, MATHRNITY LEAVE AND F'UNERAL
POLICY
,Sicft leave
29. tl ) For the purpose of this clause-
l(.- "medical certificate" means a written certificate issued to a
person after a medical examination of that person by a
medical praciitioner which stat*s_*
(a) whether or not that person is unfit for rvork: and
(b) if so unfit, the period of incapacity;
(*) whether or not the incapae-iry was self-infii*ted;
"tnedical practitionero'nnsans aperscn who is involved directly
or indirectly with a patient far the diagnr:sis" ameliqrrati$n
ortreatment nf an ailment, and whc is r*gistered r.vith the
Heaith Frcfessiuns CE:uncil, or any cther person whciur
council may recCIgnize as a practitioner for the purpose
of'this egreement, and shall incluCe a State-r*gistered
n$rss if n* rnedical practiticner is available;
" ick,f
s

::il,ffff
pr*dueti*n *f
LT*T * TL' :ffi Hf, H"n.ffiTfi :
a mectteal eefltificaieo and shall not ccunt
as vacatieln leave;
u'year'=
meffns three hrsnelr*d and sixty-five days cofilrnencing
L- i h i s/her
:tr*: rff $: *::#*H,1* :ffi :ffi$::!w 'h
/;.{ \
tl i--
iai
ffitliffiJ#J:*fffiiltri#ffi-'-T,? :tr3 :Xfi,ffi
ft:r enJ' alrlt i,'*ar ,qhali be up tc ttrre* rn*glths cn full pey
ensl e ti;r-tircr thr*s rfisnths *n h*lf"pe-y-;
{h} *fter 9{i da3's *$ fi;il g}ay *e"nlter a t*cal *f 18* days- sick
E'*avr,- aE? *tmpleiy** rney r;e grante,el accrued vacaticn
[*avs irtsteaqi {"}f siEF.i l*ave arc half pay cr wit[rcn:t pay,
resps*{rCivei3.":

315
 !-

Industry
Collective Bargaining Agreement: constnrction

provided that the employee's incapacity is _not covered by

the State service
the National Social securiry Act icrtopttl !7:o+lor
(Disability Benefits) Acr lchapter 16:051 or similar enactment
providing compensation for such incapacity;
(3) lrhen an employee is unfit for work because
of illness or
produces a medical certificate
accident which is not sef-innicted, and
sickleave and be entitled to all his/
in confirmation, he/she shall receive
period of hislher incapacity'
v
her benefits under this ugt"**ent for the
is unfit
(4) If an employee claims whilst at work that he/she
the employer shall
because of illness or aicident, not self-inflicted,
a rnedical practitioner' If on
release the employee for examination by
medical certificate following
return to work the empioy". produces a
that examination which .unfir*, his/her claim, the provisions of
subclause (3) shall aPPlY"
a*
(5) Inespective of the other provisions of this clause.
pufpose of a second opinion
employe.r shall have the right for the
medical examination by
to require an employee to rindergo unottt*o
one consulted in relation to
a different medical practitioner to the
subclause (3) or (4):
provicled thet the ernpl0yer shall pay the employee at his,/her
spent and shall aisa pa1' ali
current hourly rate of wage for the tirne so
therewith incfuding the exarnination fee'
reasonable expensss *nn#*ted
an emploryee
(b) tf, after cxhatisting the sick learie entitlement,
far a period sxg(:*ding
continues io ab,sent hirnselflh-erself from wark
the contract of
thiny consecutive cuy*, the empl*yer may terrninate
**pinyment in terirts *f claus* ZBi9)'
vucation leave antl Q/u7l4t7l shut-down, cush in xieu
(1 i) aad ii2} the
30A, (li Exc:ept far subclaus*s (2), i?):,(10i,
provision of this clJuse shall n*t rippry t*
guards and watchmen.
fcr in
(2) Lear,e accnled to irn ernploye* 1t the rate provided
any previnus agr*ernents orrsgurations;
repealertby this agreement shaltr
be crectrited to hirn/her at the date of
ga;etting o! th{ agr*Llnlletrt- after
f-ar in this a$rcffie$t"
which leave shail accumr:la:e at tl"l* x?Ee prr:rvirled
sirall
(3) For each e*mpleted xnein*r s;f servi** e* *rnpioyfq
at the ralr of *ne frotll.{na *lgh'r tha"e:e
accumulate paict va*aticn-ieav*
three three (1 ,g333 i workigrg &i"y$ per m*::rth
a*d ftfty part tlf" a n:*s:th
3'! {r
 S.I. 45 of 2013

exceeding two weeks shall be regarded as acomplete month. Excluding

factory based employees and except for the provision in subclause
(9) such accrued leave shall only be taken during. annual shutdown,
and leave taken at any other time shall be unpaid'leave.
(4) EY.ry employer, except for employers undertaking the
manufacture of concrete products under factory based conditions, sliall in
respect of employees to whom this agreement applies, observe an annual
v- shut-down in accordance with the provisions of this clause, and shall
ensure that a notice to employees giving the starting and ending dates of
the shut-down is placed on the notice-board, or otherwise communicated
to his/her employeps, not later than 3lst August each year.
(5) The period of the annual shut-down shall be not less
than that necessary to provide thirty consecutive days away
including weekends and public holidays that is to say twenty-
two working days off work to the employees concerned over the
Christmas and New Year period, and any vacation leave accrued
by an employee in excess of the twenty-two working days shall
be paid as cash in lieu of leave. To provide uniformitt of the
annual shut-down, the starting date of tfte shut-down shall be
determined and announced by council to all employers not later
than the 31st August of each year.
(6) Every employee, except for employees undertaking the
manufacture of concrete products under factory based conditfuns,
shall take his/her vacation leave and go on leave for the entire period
of the shut-dowrl. If hisArer accrued leave is insufficient to cover the
period of the shut-down, he/she shall be given unpaid leave for the
balance of such period.
?
(7) Before proceeding on leave an employee shatl receive
the leave pay due to him/trer at his/trer cltrrent houily or shift rate of
wage. as appropriate, fbr hisArer accrued leave.
(8) For the purpose of'calculating the cash equivalent of
leave accrued after registration of this agreernent, each completed
month of service as defined in subclause (3) shall be multiptied
by one coillrna eight three three fhree ( 1,8333), the product being
multiplied by eight, comma eight (8,8) (being auerage daily houri
of work) and this result shall be multiplied Lry tG **pioyee's
eurrent houriy rate of pay:

317
 r

collective Bargaining Ageemenfi construction Industry

three
(Example: An employee who has worked for eight months and
weeks before the shut-down-
g x 1,g333 = 16,5 x g,g ;145.2x currenthourly rate of wage = leave pay due

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

or a client who provides essential services. or other circumstances
by the exemptions committee, require an employer to
work
approved
permit an
during the annual strut-down or part thereaf, he/she shall
employee affected thereby lo take the leave which was ciue to him at v
employee may'
some other rnutuaily agreed time. Alternatively, th€
cash ea,uivalent
with the consent of the?rnployer, elect to be paicl the
his/her cuffent wage
of such leave or a portion ihereof in addition to
in place of Proceeding on leave'
(10) Every empioyeD whose empl*yment is terrninatsd by
whatsoever, shall
hirnseif/herself or histhlr employer fcrr any reason
equivalent of any accrued leave at the
be entitled to be paid the cash
less any deductiori permitted in
elate of terminatibn of employmlnt,
terrns cf clause 28.
(l l) A guard or *'atchman shatl accurnulate ieave at iire rate
mont?r oi
cf one commu 6igt t three rhree three for each ccntpleted
two weeks shall count as
service, And any part cf a ffionth exceeding
of sucti leave shall tr* eaclt
a eornpleted *oittt. Ths cash equivaient
by cne comrna eight three three
completed rnonth's service rnultiptie.d
thres and then by the employee's current rate oi shift-rlaY"
or watehman to
{12i t}nless an employer requires a guard
take his/her'accrued leave Ouring the perioq of
*re annual shut-down,
shall be sntitied tr: take hislher aecnleC leave at sorne
such empl,oyee
cash equivalent of such v_
ottrrer mutually agreed time; or ta be paid the
wage in piace
lea'e, or a portioi thereot, in acldition to hislher cltrrent
of proceeding on leave.

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

ealendar y# shall be grantec by an e.mployer to

an ernploY€*:*-

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

of a medical practitioner because of ccntact with an
infectious disease;

318
 S.f. 45 of }Arc

(b) who is subpoenaecl to attend any court inZimbabwe as

a witness;
(c) who is required tc attend as a delegate or office
bearer
at any meeting of a registered tradJ union
representing
qmployees within the undertaking.: or industry in whicff
the employee is employed
(d) who is derained for quesrioning by the porice
* ;
(e) on the death of a spou$e, parent, child or legal dependant:
(s on any justifiable compassionate grounds.
Any request for leave on compassionate grounds
eonsidered at the sore cliseretion o'ths i*pioyer"
shall be

Industrial holidays
3l " il ) ThE provision *f this clause strall nor apply
to guarcs
and v-,atehmen.

{2} Ait days declared errnctiiied in terms of tJre public Holidays

and Frohibition of Business Act
to:z-4;;
{chupter p-tii* holidays
shatrl be industrial holiclays.
(3) Subject to the provisicns of subclause (4),
every employee
be granted leave of absence and shali be paid
tlt$l his&er current
daily wage fbr every industrial holiday.
{4) An qmployer rna-v request, but shall not require, &r}
**qloyee to wcrk on any indr:strlal noiiday, in
rvhich case he/shc
siiall be paid tris/her cuffent}ourly rate tor
ait nonnal trrours worked"
in addition tei the Fli:yrnent clue in ter:rns of subelause t3) (i.e.
'* of rreble no::nal payi. a total

{5) An employee shail be p*id fc'any h*urs worked on

industrial holiday autsisie nonnal hours an
*f wcrk at three times fhe
currsnf hourl,v rate.
(o) If'an en:ployee is absent from
wcrk without the consent of
hisrher employer on th* nearest *?tng
dqv preceding or follcwing
an indusuiat holidey, he/she shait fsde#uririirr*
ro piy*enr for r6e
industrial holiday, unless he/sh* produces
a **?irut certincap stating
that he/she was tco iil t+ atten*work
on one r:r bottr of lhe days in
question.

319
 collective Bargaining Agreement: construction Industry

Voluntary shut-down

1 8, an employer
32A, ( 1) Notwithstanding the provisions of clause
committee and
rnay, after consultation with itt" parti..rlar workers'
to close his/her
for the purpose of extending tirne off only, decide
establishment or a particular contract site and/or section thereof-
(a) on any working day or any portion of a working day;
or L
(b)
*;m*1,li:ilT#,??ffi #frrf'rffi#il$;*
site, andl
in that establishment or a particular contract
' or section thereof, as the case may be, have previously
voted in favour of such crosure as is provided for
in
(6). The employer's decision shall be notified
subclause
to employees by the plicing of anotice on an appropriate
notice board zufficiently ln advance of the proposed
shut down as to be cornpatible with the provisions
of
subclause (3)'
(ZlWhere an employer has deciderJ to close an establishment
as the case may
or a particular contract iite and/or section thereof,
(1), that clecision shall be binding on all
be, in terms of subclause
that estabtrishment or that particular contract
employ*u* employed in
purti",rlar section thereof as the case may be, tnd
site, and/or ttrat
shall be enritled to be paid waggl during
none of thos*
"*ployees
*rr** p"uioJ of closure, other than provicled
for in subclause (4)"

(3) Notwithstanding the provisians of clause 18 where an

particular contract
employer decides to close hislher eitablishment or e
site and/or a particular section thereaf, as the case may be, in terms
may require the ernptroye:? ernployed .in
of subclause (z), heishe
particulrnr contract site an#or a pa$icqiar
tkrat establishment, or that
the case may be, to work additional houl's eqrral !o
section thereof, as
ernplcyees wculd
the number of ordinary hours of work which those
a manner that the
have performed duri"g the period of closure in such
to be trost in cne week
extra time necessary to make up for the hours
periad of not more than
during the elosure *fl*tt be worked in over a
four weeks before the closure:
provided that the adrtitinnai hr.rurs worked shalt nat exceecl-

3?il
 S.I. 45 of 2013

(a) one hour per day on any day from Monday

to Friday
inclusive; and/or
(b) ten hours on a Saturday; or
(c) a total
of fifteen hours in any one week.
(4) Notwithstanding the provisions of
clause lg, for each
additional hour worked by * **ployee in terms
of subclause (3) of
* this section, t!. emplor.ei shall pay and the
employee shall receive
the employee's currbnihourly rate
(5) Where an employee who has worked
additional hours as
provided for in subclause (j), and whose
service is terminated for
any reason whatsoever prior to ttre closure
in consideration of which
the additional hours weie worked, his/hrr
shall pay and the
employee shall accept, in respect of all such"*ployer
aooiiional hours worked,
not less than-
(a) tht empioyee's cuffent hourly rate plus one half of his/
her culrent hourly rate for sucir addiiional hours
worked
in respecr of" which fhe employee has not
payment;
v*t;-";;;;;
(b) one half of hislher curTsnt hourly rate for
all such hours
for which the
_emptayee has arriacry received payment
in terms of subclar"lse (3)
(6) For thir purpo$* oisnbclause t the
{ ) employer shall airange
for r,uotes to !:e taksr by a shcw.:f'hand; il)r-iho**
rvorkers who shall
be affectcrd b3'the qi?pos*d shut-ri*wn. sucir
voring shall be rvitnessec
and tha result shall Lre *ertifi*c hy the chairman or
r> of th* rvorkers' cfimrnittc* an*fl rhe ernployer. SucS
a rspresentativ*
eertificate shail
be retainecl by the empluy*r firr a period
,:f six nronth$. 1-snr the date
al- the voie.

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

321
 _r!F-
f

Callective B argaining Agreement: Llonstruction Indtr strv

Death of empltryer
32C. A contract of employment between an emplayee and an
employer shall not be terminated on death of employer but shali he
valid until expiry period after which it *,r'ould have been termina{ed
had due notiie rtf-termination been giv*n on the day on which the
employer died.

Adaternitv leczve --
334. tl ) Maternity ieave sliall be 98 tlays *n full pay anel shall
be grantecl to an employee who has rierved far at ieast one year
wirh an employei " Fsmale ennplc:yees shalt be granted rnaternity
benefits in i*rmr i:f section I8 *f the Labi:ur Act {Chupter 28:011
with amendari*nts. *uring her period tri nnaternity leat'e, her notmal
trenefits and entitlements shall continue !:nintemrpt*d'
i?i Female employees shaif Frclerf;sq,J on rnatsrnity leave *ct
earlier than the farty-fihh day and n*t inter then the twenl:v-first day
prior ila nhe expei:t*ei day *f 'deiivcry.
t3 ) Between the sixth ani eighth rnernths *f
pregnancy, female
empl*3e*s sirall b* entitleql tE: be transf,em*d tr: iess strenuous r,vt:rk in
tlr*'deiignat*cl rrndes as clefined in AnneKrn"e I and th* graded rruark
descripticn in Annexurc 2 rli tiris agreesn*r:t *.g":
Falnring-*i-il ing aild sarrdpapering
Fslast*r'r*g-making goad h*les, sills- glaziilB, wail tiling anel
skitnnfting, jcinting etc
Carp*ntry-fittlng lacks ane! d#{rtr,;, inetiq:at*s: halts anr$ segns, el*cr \:t
*!osers- towel racks. jaint:ry' *"1*

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

Fr*ter*f Pr;frr;'
33S" Thee ernpioyer siialt pr*viie and p{*y t'-*r tti* funsral policy
-E-'t:

for aii worker* under rhe estahlisirmsriE. The f*rler*l palic3, *ieall
whclly covered bY the emPlc3rer.

322
 S.L 45 of 2013

P*nr V
WACES, DEDUCTIOI{S. EFFECTS OR RAIN-OFF,
ALLO}VANCES
. Ctassfficutiun or grading
'34. (! ) Subject to clause (3) every employer shall for pay
p_urposes, place an ernployee in a trade or oecupition
and class oi
*/ skiil or \\'tlrk or grade cF w,ort listed in Schedule A of Annexure I or
2, as the ';ase may be, or iri such other [r"acle, occupation or class
or
grade of work as may be apptnved by council, appinpriate
to 6isftrer
frade or occupation and quatification ancl shail g*V iim*r*r a wage
wirich is not less than {hat pre}icribecl in the ugt*e*bnt by cauncil for.
thae trade. occtlFaticn. class *f skitl, class or grade of work, and
ttrs
empl*yee shall nor accept a wage amountingic less.
tZl Wheff. alt {}peratie:n iei he performed hy an empi*:yee is
rrot sp*cit?*ei in An"r*xrlr*s ! and Z-
tai th* t"mpl$v*r shali pr*visi*naily place the employce in
a v,r*rk*a.grai*,
ib) the *rnpl*y*i"$t effipi*yee strall notify the secrerary to
**trg:ei3; *.nd
iei *"re secr*{ary s:f, th* s$$ncit sirall alloeate an interim
graiie ar *lassificattrtn *f'the *peratiqrn, wiricli sSail be
subjec{ i* ratlf;i'-,rsti*r: b3' f.he council at its next meetirig:
Fr:q:vieied rh*i, ii'the lnterini ellocation hv *l*
s*ereHery t}r the thr;ii eleeisi*n hy the *CIuncil plaees tte*
ly empi*y**: in a grnde or *lass**
(i) trigher ihan sir* *rnplayee's cutrent gracle, he/she
. sh,all be pai.t ncli less than the minimum wage
pr*s*ribeil for such higher grade or class, urith
eff"**t ftasn the d*te of- such allacaiian or decision
wliichey*r is the *arlier; Gr
iiii !*wcr than eh* employee's cuffenr grade, the
smpkiyei ;nay s:eciues his/her wage to nttt less than
tlt s w age prescrihed fcr suc h l ow er" guttie,
n-r i n i nga u-t i

and if ernpi,lyee refus*s to aceept the io*r,

r}"a*
wege fhe ernpl*3,eri$ey apply ta a labour*ffieerfcr
axr r:rd*i- ilr Cet*rrrrrnaiion f*rmin;tting the cantra*t

323
 Industry
coilective Bargaining Agreement: construction

ofemployment,pendingwhichtheemployee
shaltft paid the wage fe/she was receiving in
by
ttre prwisional grade prior to the allocation
the secretary ot ihe decision by council.
grade
(3) An employee rnay be employed *t.a learner worker
paid
z to4 for u p.riod of not *or* than i*o months, and shall
be a
applicable to the grade in
wage in the grade next lower to that wage
which he/she is a learner
preservation of wage and employment in higher grode or class
registration of this
35. (r) An employee whg,at the date of
agreemenr, is in rece'ipitr u higher rate
of pay for his/her particular
of this clause shall not,
occupation than the ritl pr"rc"=n*d in ternrs
any reduction in hislher wage'
by reason of this agreemlnt, suffer
(2)onpromotiontoahighergradeorclassofskillorwork
tlran*-
an employee shall be paid not less
(a)thewagewhichhe/she}ast'receiveclpriortohis/her
promotron: or
oecupaticn
{b) the minimunn wage prescri*d for rris/her
in such gradc or c*ass of skitrl ftr wnrk;
whichever is the greater'
Gn the
(3) An employee wha $/as ir: *i:lltt'actuat ernptoyrnent
ot"leaves that
lst July, tbs6, uod *ho ei$r*r coinpisis:y that contractre-engaged by
it he/she is
ernptoyment for whatsoevsr r*as*n shall,
the same employer on suhseq-ri*lrt **ntracts
within sixt,v consecutive
bu psi* ut,ry hourl-!' rate which is not
ciays of his/her iast contract,
that wtrictr he/she. last r*ceived frain that
employer'
less than

Allowsnces

36A-
clause, transport
Transport allowilnce: For the purposes of thils
mean thc sum'of tnonpJ paid to an employef
allowance shall
fi:om home to town or
to use for transport to comc ic wark
other central localitSr'
money paid to an
Housing o\l.owafi(:e: shall ltiflsn the sum of
where the
emproyee for suhsiclising rented accornmodation
ernploy'ee *rdinarily lesiltcs in ai: tirban locality'

3?4
 S.I. 45 of Z0l3

Wages

which-?,f*;,l1l"H3i[,*.iffi:.:ffffilrsffi
1 or 2' as the case may-b*,
nf thl-
H::1"!"#:iJ:J
for
hour worked by an *mptoyee, "g*a*"nt, shailevery
rrir&*;?;;i;yer
incomplete
pay aproporrion ,
of the employee's culreni houril;;-;ilug*u
of an houi for the time r*ss to
tu the
tne rnearesr quarrer
actuaily worked.
<-
rransp"'fffi ;H'?ryjfi ItrJiHi?Hrffi
l:t::f
unig*rct;;*by rhe council from H:?,s*,:;ffi
the pay structure
time to rime.
i
(3) The minimurn hourly rate of wages
engaged in the execution of paid to employees
the designut*o trades or classes
work listed in schedule A of Annexure of skill or
or class of work in the i$.ustry
I hereto; or in any other trade
as
subsequently incoqporared in ray be approved by councl and
that schedur*, *iiiri;;tdrut"
in schedule B of th* *tn**ur" in specified
the form of colu*n I and colum
n z,
' (4) The minimutn hourly rate
of
worker grldes as specifierj in s"rt*oule wage paid to emproyees in
rate specified in.schedule B
A of:Annexure 2, shall be the
of that u**"uu*.
(5) Employers who provicte
transpgrt and accornmodation
their workers slialf puy using to
column t ;f rhut u*.*ul.
(6) For the purpose of calculating
pension and general fund
deductions' Ieave p-y and overtimeathe^
employer shall u*e the basic
hourly rate as tpeiified in colu*n
z ofthe schedule. '

{7) Having regarcl for the spirit and intention

clause 2(2), the parties heretc af the terms of
g trav; .#;thar the rates referred
in subclauses {ziand (3) af ro
this *luu** shall remain fixed
July or the I st of Janriary as until thel st
rhe *ur* may be:
Provided that eny acffustnr?tt*
requirect by a Labour Relations
( spec ifi r.:ati an of Minim
u nt w*g*u j rnioti**,
Instrument 70 of I996- as ami:nd*c,
t qg,s,p" ur l rrrl]in s mu,ory
shall be rnade during tlat period.
i5) If a control of in**ffies or a sninin'rurn
wages li*i*, any *ther
law other than a specificatrun
wage cr saiary increa$rjs
# E*inim** wages notice, inrposes
which wr:uld
rates'f rvase rcf*rr*d r.r in sub*luu**, have *e?fteci;f increasing
{?}-rn;6;ffi;i__re
13 :,i,T ;,Ti,i;?5'g*ffi:in*-ffi il'\ ;'' ;- * x e
before
m p, i on

335
 collwtive Bargaining Agreemart construction Industry

' PaYment of wages

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

any wages
form acceptable to council, and strall pay to an employet
inrerms of ttrii egreem-s1t, weekly not
;$A;;rrlr,n lultl
"tationdueafter the end of working week to which
;ffi;;;;;;il;yr the
th* wages or other remuneration relates:
.,,,,' provided that, wittr the priof agreernent of theother ernployees
time as
cr:ncemed, he/she may make such paynnents at such
of a resnote construc-
may be specified in su-ch ftgreement in resp*ct
circumstances wa{ranting suc}t an afrfiilgement'
tion site or in other

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

due in terms
employer shall pay him/h;r any rveg*s $r re{nuneration
follawing tennination
of this agreem*r,t not laterthan it * *orieing
dul*
rrni*ss the serviees of suctr
at the point of empleiyrnent cr terminaticd
payment shall be rnade
employee are tensinated sumlnaritry, wherl
within three wcrking days ert'such termislatiein
of service. r

€mployss any payment

t3) An employer shali han<3 tn an
envei*pe, tagetir*r with
made in terrns of this ugrr**ent in a sealed
3'
the form, Outy completEd, prescritled in Annexure
council
(a) Natwithstandillg rhe prcvisi*:rs of s*bclause {3}'
suctr rrnployer to rrse
may, o* upplicatian by un *mplayer, au$*1is*
t:f inf*rming his/hcr empioyees
sorne other sysrsm uppionedbf colne ix

of the make-up of their remuneration.

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

8€s

frorn th* amou"nt

3g. An employer shall nct *r*ke any dstlucti*ns
payable to an employee in respect cf rvag*s
flr r*ffrune'raticn due in
tenns of this agreemefi-t, exc*trlt*
(a) such deductic*s aii ar* prssca"iU?ul in any
cth*r agreem*nt
ind*stry and autlenrised by
reneting to ihe canstructi*n
ccntdbutions tn the general f*ncJ:
council, and as
arnounts which an en:aployer is *o*lPelled
bY iaw *r
{b)
legal Processt* PnY rlrt b*trelf *f erl *'rnPieiy**;
ftlrm
(c) ft:r niCInies dr:* t* a r*gist*r*ei lgede ilni*n in the
of a cheek off sYstem;

_tr2S
 S.I. 45 of 2Al3

(d) for goods purchased, seryices rendered, or money lent

to an employee by his/trer employer;
{e) where an employee is absent without leave fiam rvork on
da-vsother than industrial holidays or vacation leave, fr pro
rata arnount of wage only far the period of such absence;
(0 arnottnts recovered for payments made in effor or
overpayment of wages;
(g) upon the terrnination of employment of an employee
the employer rnay deduct from any monies due by the
employer to the employee the outstancling balance of
any amount refemed to in this clause.

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

tirne

39. ( 1 ) If not having been natified to the cont rar! ,an ernployee
atfends for work at the designated time and place, and is irrfomed
by tris,/her employer prior to commencing work, that no work is
available that day because af'unsuitable weather And/or unworkable
site conditions, the employee shall be paid for three hours at hisftrer
currsnt honrly rate for hislher attendance.
For the second and subsequent days in the same working
week, if not having been notified to the contraryo an elnployee
attends for work at the designated time and place, and is informed
by his/?rer employer prior to commencing work, that no work is
available that day because of unsuitable weather and/orunworkable
site conditions" the employee shall be paid for two hours at his/trer
curent hourly rate for his/trer attendance.
{2) If an ernployer notifies an employee not to attend for: work
the following day because of unsuitable weather and/or unworkable
site conditions, the employee shall not be entitled to any wage until
helshe has resumed work at the request of the employei.
(3) If an employee starts work and is subsequently instructed
by his/her employer to stop work because of unsuitable weather
andor unworkable site conditiorls, the employee shall be paicl for
the period he/she has worked plus one additional hour's pay at his/
her cuffent hourly rate, provided that the total payrnent for that day

327
 r

collective Bargaining Agreemenil construction Industry

does not exceed nine hours' pay where the day falls
on a Monday,
Thuirduy, and eight hours' pay where the
Tuesd ?y, wednesday or
day falls on a FridaY
(4) If an employee attends for work, and at the request 9f
his/her employer, remains on catl at the site and works
intermittently
the employee shall
during ctranging weather and/or site conditions,
for the time when he/she
be pald for h-ouis he/she has worked and/or
employer's
was not working and remained on the work site at the
request, plus on. additional hour's pay at his/her cutrent hourly rate,
for itrat day does not exceed nine
provided that the total pay_m,ent
the day falls on a Monday, Tuesday, Wednesday
hours' pay where
or Thursday, and eight hbursl pay where the day fall
on a Friday.
the
(5) If an employer notifies an employee not to attend for work
of circumstances
folow ing duy, as no worl wil be available that day because

beyond th. conffol, the employee shall not be entitled to any

*ug.* until "*ployer's
tt*y*tt"has resumed work at the request of the employer.
(6) It not having been notified to the contrarYl the employ€e
by
attends for work at the dEsignated time and
place and is informed
commencing wgrFthat no work is available
hisftrer employer prior to
that day uelaus" orcircumstances beyondthe
employer's control, the
hourly rate
employee shall be paid for two hours at his/her culrent
for his/trer attendance-
(7) If an employee starts work and is subsequently informed
of
by his/trer employer that no further work is available because
employer's control, the employee shall be
circumstancer bryond the
paid for the period he/she has-worked plus one additional
hour's pay
payment for that
at his/trer current hourly rateoprovidedthat the total
day does not exceed nine houri' pay, ttr3 day falls on a Monday,
ryher.
i*roay, wednesday or Thursdiy and eight hours on a Friday.
(5)
(g) If the circumsrances referred to in subclauses (2) and
prevail foi more than one working day,.the gryqloy": shall- infoy
the employee accordingly, a$ ott reieipt if this informatio.n,
the
paid any wages until helshe has
employee rt utt nor ue eititled to be
t"t.t*iA work at the request of his/her employer:
provided that such request shall not be unreasonably delayeg
beyond the time when the circumstances which created
the work
stoppage no longer Prevail.
328
 S.f. 45 of 2Al3

(9) By mutual agreement with hislher employer an employee

may make up any hours of work lost because of unsuitable weather
and/or unworkable site conditions or circumstances beyond the
gmployer's control, by working additional hours not exceeding those
lost. Such make up time shall not be unreasonably withheld-by the
employer. Such agreement shall specify the times and place at which
such additional hours may be worked, which shall be-subject to the
b'. terms of clause 18(3), (4) and (5).Notwithstanding the termi of clause
19, such additional hours shall be paid for at the employee's current
hourly rate.

Travelling and subsistence allowance s

clause-
40. ( 1) For the purpose of this
"band" means one of those five circular bands encompassed
by the perimetres of six concentric circles whose centre
is the designated post office, the innermost of such
circles being sixteen kilometres from that post office,
the next circle being twenty-five kilometres from the
post office and the remaining four circles being thirty,
thirty-five, forty and forty-five kilometres respectively
from the post office, that is to say there shall be an inner
or first band nine kilometres wide surrounded by four
outer bands which are five kilometres wide, and which
shall be known as bands 1,2,3,4 and 5 respectively;
"distance allowance" means the sum of money obtained (as
shown in the table below) by multiplying the number
\r' of band in which the site is situated by a factor of 6,5
and thereafter multiplying that product by the current
maximum perrnissible rural bus fare per passenger-
kilometre as prescribed from time to iimsunder the
Road Motor Transport Act lchapter I3:I0l or under
the Emergency Powers (Control of Goods and Services)
Regulations, 1979, or as pubtished from time to time
by the Controller of Road Motor Transportation:

329
 r

collective Bargaining Agreement: construction Industry

TAtsLE OF DISTANCE ALLOWANCES

(R = maximum prmissible rural bus fare notified in terrns of
subclause (8):
Radius APPlicable
of site band
fro* PO number calculation Distance allowhnce
f16 km \t
16-25 kmI 1x6.5xR = Payment for site in band I

25-30 km 2 2x6.5xR = Payment for site in band 2

3O-35 km 3 3x6.5xR = Payment for site in band 3

35-40 km 4 4x6.5xR = Payment for site in band 4

40-45km 5 5x6.5xR = Payment for site in band 5

..fixed place of work" means the employee's permanent
prlmises, branch premises or factofY, workshop and
works-yard, store and stores-yard, brick or other
materials manufacturing or excavation place where an
employee wcrks regularlY**
(a) that post office designatecl by the emplcyer in
relation to a site from the list of post offices in
Annexure 9; cr
(b) is no suitable post office listed in AnneKure
if there
9, that police station designated by the empl*yer
in relation to a site in one of the localities in the
list of localities in Anrrexure 9; or
(c) any other post office, approved try tlie ctlmmitt*e v
refered to in subclause (7) for Cesignatiog by the
employer in relation to a site;
"relocation allowance" means a sum of money paid tc an
employee for uprooting himlher and his&rer effects
from his/lher current location of employrnent, and time
spent in travelling, by the emploYCIe, in order to move
uitO establish himself/herself at another site, and at
the expiration of the period of employment there, for
uprooting himfter and his/her eft'ects from the site and
time spent travelling by the employee in order to move to,

330
 S.f. 45 of 2013

and establish himself/herself at the previous location of

employment, or such other location as may be mutually
agreed between the employer and employee'
"site" means the place where an employer is rendering or
is about to render those works and services ofthe
construction industry for which he/she has contracted
or otherwise undertaken to provide.
L. (2) The provision of this clause shall not-
(a) apply to
T employee who is engaged to work regularly
at a fixed place of work as defined in this clause, or tb
a driver of a vehicle operating there from;
(b) preclude olbeheldtopreclude anemployerfromrecruiting
and engaging employeqs locally at the site, to whom the
provisions of subclauses (4), (5) and (6) shall nor apply
while they are engaged to work at that site.
(3) In respect of a site within a sixteen kilometre distance in
radius from the post office, Do allowance shall be due to any employee
under the terms of this agreement for cost or time involved in travelling
to and fiom that site, and no obligation shall fall upon the employer
tc proviele transport or any other assistance ta employ€es travellit g
to and from such site:
Prcvided that, where the ernployer allocates transport which
plies to anei from that site. rvhich will enable the ernployee to-arrive and
depart from the site, at the iimes for work specifiei in his/1er confract
of ernployment, the emp-loyer may, for coiuenience and wittrout any
ensuing cbligation or liability tvhatsoever in respect of the continuity
\- or provision of such transport facility, allow an employee to travel
tln such transport at no cost to the employee.
(4) In respect of a site which is more than sixteen kilometres
but nat more than iorty-five kilometre distance fiom the post office,
an employer shall have the option of either-
(a) paying fbr each shift or working day to an employee
who arrives at and departs from the site at the times for
work specified in his/her contract of employment, the
distance allowance relative to the band in which the site
is situated; or

331
Collective Bargaining Agreement: Construction Industry

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

other centril locality, to and from the site so as to enable
the employee to arrive at and depart from-the site at times
for work specified in his/her contract of employment:
Provided that there shall be no cost to the
employee and no obligation or liability whatsgever
upon the employer in respect of the continuity of such
transport facility or in respect of the payment of lhe v
distance allowance prescribed in paragraph (a) of this
subclause; or
(c) where an employer requires an employee to work at
the site for a period of less than four working weeks
helshe may require the employee to establish himselfl
herself on-a temporary basis at the site, in which case
the employer shall either provide the employee with
free singte temporary accommodation there, or enter
into an agreement with the employee whereby he/she
provides ttis/tter own temporary accommodation:
Provided that every employee to whom this
paragraph applies shall be entitled-
(t) to be ffansported to the site together with his/her
reasonable personal effects by the employer from
the employer's permanent premises, or po$ office
or other cbnfal locality and return thereto, at the
expiration of the period of employment, and be
paid hisftrer current houly rate for the time spent in
travelling;
(ii) after he/she is established at the site, to receive the
return cost of travel by normal public transport
between the site and the post office or some other
central locality not less than once in a period of four
working weeks, or, alternatively, to be physically
so transported at the employer's expense;
(iii) to be paid a subsistence allowance as prescribed
from lime to time per day for the full number of
working days he/she is established at the site;

332
 S.f. 45 of 2013

(iv) if he/she has provided his/her own temporary

accommodation to receive in addition to the
foregoing an accommodation allowance as
prescribed from time to time per day for the full
number of working days he/she so accommodates
himself/trerself, and he/she shall not subsequently
seek accommodation from his/her employer; or
(d) where an employer requires an employee to work at
? the site for a period of more than four working weeks,
he/she may require the employee to establish himself/
herself at the site, which shall then be deemecl to be the
point of engagement and shall be recorded as such, and
the following provisions shall apply-
(i) at the outset of the iurangement, the employee
shall be entitled,"if he/she then so requires, to
have himselflherself, his/trer family and effects
transported free to the site by hislher employer
from the employer's pennanent premises, or post
office or central locality, and the employee shall
be paid his/her culrent hourly rate for the time
spent in so travelling;
(ii) ifmunicipalorotheraccomrnodationisnotavailable
for rental by the employ€€, the employer shall
provide to the employee accommodation at arental
which shall be established before the employee is
moved to the site; or
(iii) alternative to the provision of accommodation
as an
t- as prescribed in subparagraph (ii), the emproyer
may enter into an agreement with the employee
whereby he/she provides his own accommodation
and is paid an accommodation allowance as
prescribed from time to time per day for the full
number of working days he so accommodates
himself/trersell and he/she shall not subsequently
seek accommodation from his/trer employer;
(iv) at the expiration of the period of ernployment
at the site, the employee and his effects, and if

333
 r
Collective Bargaining Agreement: Construction Industry

applicable, hisftrer family shall be transported

free by the employer to the ernployer's permanent
premises or post office or other centrai locality,
and the employee shall be paid his/her current
hourly rate for the time spent in so travelling;
(5) In respect of a site which is more than forty-five kilometres
distance in radius from the post office where an employer requires an
employee to work for a peiiod less than four working weeks, he/she
shall require the emplcyee to estabtish himself/herself on a temporary
b
basis, u[ ttte site, arid shall either provide the ernployee with single
ternporary accommodation at the site, free of charge. or enter inta an
agreement with the employee whereby the employee provides his/
her own temporary accornrnodation:
provided that every employee to whom this subclause applies
shall he entitled-
(i) !g be transported free together with his/her
reasonatrle personal effects by the empioi'er
from the employ*r's perntanent premises. or post
office 0!' other central locality, to the site and
return therefrorn at the expiration of the period
of employrnent, and be paid the equivalent of two
working days' pay at hisftrer cuffent hourly rate
as a relocation allowance;
(ii) after he/she is established at the site, to receive the
return cost of travel by the normal public transport
between the site and the post otTice or some other
cenffal locality not less than once in the period of four
working weeks, or, alternatively, to be physically \r-
so transported at the employer's expsnse;
(iii) to be paid a subsistence allowance as pre$cribed
from iime to time per day for the full number of
working clays he/she is established at the site;
(iv) if he/she has provideC his/her own ternporary
accommodation, to receive in adclition to the
foregoing an accommodation allo'wance as
presJribed from time to time per day for the full
number of working days he/she so accornmodates

334
 T_

S.f. 45 af 2013

himselflherseil
and he/she shall not subsequently
seek accornmodation from his/trer employlr.
(6) In
lgspect of a site which is mare than forry-five kilometres
distance in radius froT ttre p*st office where
an ernployer requires
an employee to work for a periocl of more
than four *orking #eeks,
he/she shall require the employee to establish
himself/herself at the
site, which shall be dee**d to be the point
of engage,*nt and shail
be recorded as such" and the following pravisioni
-' slall apply*
(a) at the outset of the alrangement the employee
shall be
entitled, if he/she then io requires, to haye
himselfl
herself, his/her farnily and effects transpcrted
r free ro
the site b5' hislheremplnyer;
{b) if'municipal or othe!' eceorrin:aciation is not availatrie
for rental by the emproyee, the empicysr shail pravide
to the ernployee aecommotlErtion at a renral which
shail
be estaunirri* befbre the empicyee is moved
tc the site;
or
{c) as an alternative to thc. provisicn af accomrruodation
as
prescribed in paragraph {b}, the emplo!,er may
enrer
into an agreement with the ernployee *,hereby he/she
provides his/her own acco{nrnooaiion a'd is
paid an
accommociation allowance as preseribed fiam
time to
time per clay for the full numbei of worki*I *uy*
he,/she
so accommodates himself.Therselfi and irelstre
shall not
subsequently seek accommodation from his/trer
employer;
(d) after the employee has established hirnselfiherself
at rhe
site, in terms of this subclause, he/she shall
rt be paid the
equivalent of five working days' pay at hiVtrer
current
hourly rate as a relocation allowance;
(e) at the expiration of the periocl of employment
at the site,
the gmployee ancl his/her effects, und if applicable
his/
her farnily shall be transported free by thi
Lmptoyer ro
thg r*ploygr- s pennanent prernism t, port office or
other central locality.
(7) The council shall, in terms of clause
4, appoint a committee
equally representative of
.*Tptoyert and employees whose function,
notwithstanding the provisions of *luuse 5, .rruir be to
s;*_
335
 r
Collective Bargaining Agreemenr: construction Industry

(a) conditionally orotherwiseany applicationforexemption

from the provisions of this clause;
(b) approval for the designation in relation to a site of a post
office not listed in Annexure 9, or of a police station if
there is no Post office;
and the size of the committee, ils procedures, terms and conditions
and the appointment of its chainnan shall be determined by
council'
(g) The secretary shall maintain an up-to-date record of the \'
distance allowance and shall notify all employers and the trade
union
if there has been a change in the- distance allowance at the date of
registration of this ogt"ernent and of the details of any .subsequent
ch'-ange in the prevail ing di stance al low ance and of the
number and date
change has been prescribed,
of thJshtutory instrurient in which such
or of the date of any announcement of such change.

Pnnr VI
WORKERS COMMITTEES AND WORKS COUNCIL
Workers committees
41. (1) Every establishment which does not have
a workers
if desire, to afford the
committee rtt*tt bi obliged, its employees so
reasonable firititieu and opportunities for meeting and
"*pr"yegs trade union
cornmumcating with each other, a labofr officer andl/or
with
represenrativ*To, the purpose qf forming a steering gqmmittee
trrl objective of creating u workers committee. For this purpgle tfe
employer concerned sti'an supply the steering gopmittee with
the
narnes, occupations, grades oi ltiss of skill of hisftrer employees.
(2) A workers committee shall be formed and shall conduct its
affairs and proceedings in accordance w ith the provisions of Annexure
10 but snaft do nothittg, which is inconsisteni with the
provisions of
this agreement.
(3) If a trade union is registered to represent-interests of not
less than fifty percent of the employees at the workpllce
where a
workers committee is to be estabhlhed, every member of the workers
committee shall be a member of the trade union'
(4) A workers committee shall, for the purpof of its meetings,
be proviOed by the employer concerned with an adequate room
and
furniture at hisftrer establishment.
336
 S.f. 45 of Z0l3

(5) Ivleeiinqs shall be held outside

working hours unless the
employer gives his/her consent for a
meeting withln working hours.
Members of the workers committee
ylg rrqulrc to investigate
falling within their jurisdiction, shall, on matters
application be allowed
reasonable time off to do so.

Works council
\ry 42" (l) where in an establishment,
representing employees other than._managerial
a workers committee
employees exists, the
employer shall set up a works council
whici shall be the forum in which
the workers committee shall make itr
teptasartations to and conduct
negotiations with the employer.
(2) The functions and duties of the
(a) to provide and maintain an exchange of informationbe-
works council shall
and
ideas, and to establish co-operation and
understanding
between the establishmenf and the **ptoyees,
with
a view to reducing problem areas and to preventing
misunderstandings;
(b) to assist employees in gainilg. a greater understanding
of the establishment's activfies'in order to foster
an
appreciation of the establishment's aims
and objectives;
(c) to gain co-operation of-**ployees
in the understanding
and implementation of the ernployer's
policies in respect
of the use of manpower, equipment
and other resources
so that the employer's objectives
in terms
-----v of
v^ standards
and production are attainld; '

(d) to promote emproyment security, general

satisfaction and job enrichrnent, safety
work
;nth.alth;
(e) to foster and maintain good relations
beiween employees
at all levels, and to understand and
seek solutions to
their common problems;
(0 to promote the general and common
interest and welfare
of both the estautishment and its employees
and to this
end to assist management in attaining
(e)
ir,;b];i;;"
3ffi:1lil:ffiffi $ffi:#ffi; ffin:tr ffii,l*T,:i
337
 r

collective Bargaining Agreement construction Industry

of indusffial peace, improved working conditions' greater

efficiency and increased productivity
(3)Theareasofdiscussionofaworkscouncilinsofaraseach
establishment and this agre'ement are concerned shall be
confined to
the following-
(a) improvement of working conditions;
(b) procedures for dealing with grievances; \v
(c) promotion of occupational health and safety measures'
and their enforcement;
(d) all matters pertaining to employees' welfare within the
establishmint, where such matters axe not covered by
this agreement;
(e) methods of increasing efficiency' productivity and
imProving qualttY;
(0 the means of avoiding wastage of manpower' raw
materials and equiPment;
(glgeneraldisciplineendconduct:
Provicled that any specific cases af rnisconduct
shall be dealt with in accardance with nolmal practice
in the esrablishmenr. and shall therefore not be subject
to diseussion by t-he lvorks councitr;
(h) othermaffers having rhe objecti\re of improvingrelations
between the establistrment and lvorkers:
Provided that such matters--
ii) do not infringe upon, impede, in any way, \v
the rights cf the employer tc manage hisi
her own business, as he/she deerns fit;
(ii) are not coverecl by any culrent industrial
agreements"
with
t4) Ihe works council shalt be constituted in accordance
the following-
(a) it shall consist of not less than two nor more than
o'elected
five worker representatives, to be known as
members", who shall be nominated by the workers
cornmittee from amongst their number, and a chairman
338
 S.f. 45 of 2An

and not less than one nor more than four emproyer
representatives, to be knowR as "appointed
membeis,,,
who shall be nonrinated by the employer:
Provided that there shalr be an equarity
of voting
trffitr*ffi:tr*$ffi:Hffiffi"l'**,5
members on appointed mernbers as trr*
case may be;
t (b) the of office of elected membrs shall be eighreen
ryriod
months and of appointed members for
the p"rioo of their
nomination, and members shafi be etigiute
for further
periods of office.
(5) Meetings and the business of the
works council shall be
conducted in accordance with the follcwingj
(a) it shall meet as required during noffnal working
hours
for rhe proper discharge af itsiunctions;
(b) itetns for the agenda shatl be suhmiaed in
writing to the
chairman at least five working dayr befbre
the meeting,
and the cirainnan shall prepare *e agen6a
andperfionn such
ather duties as, by usa$e and.u*mrt, pefiain
io ilrat oftice:
Provideel that a meeting rnay be herd
at any time
to cieal wirh matrers trf urg*n*!;
tc) minutes nf meetings shall tre distributed to all wor.ks
ccune il rnembers, and sh*ll be displayed
on esfablisFr-rnent
natice boards not later tl:an u*o*n- lvor-king
days after
each wcrks cauncil rneeting;
(di the quorum of rneetings shall he two electecl nnemtrers
two appointec nrernbers. If ivithin fifteen
Td rninutes of
the time fixed for any meeting a quorum
i, not present,
the meering shall stand actjourteo tor
five *o*iirg
to the $ame time and piace and if, at such
a*-
meeting, quofi"Im is not present, counciladjourned shall be
informed of the reasons f'or ttre meeting
not being held:
provided rhar if.r!"-
d?y ro which a meering is
adjourned is an industrial horiday, the
rneeting shall
stand adjourned to the nexr working
--e day
--r follow"* rn_
-vr!v
industrial holiday;

339
 Industry
collective Bargaining Agreemenfi constnrction

(e) the attendance at meetings shall be

restricted to elected
members and aPPointed membefs:
have the
Provided that the works council shall
advisory and
power ro ro-oft additional members in an
norr-*orking lapacity of specific items;
be made by a
(0 decisions or recornmendations shall only
and of the appointed
majority of the elected
members voting in
members
favour thereof'
v
Pnnr VII
TRAN SITIONAL ARRANGEMENTS
pension and medical current benefit agreements

43.(1)Forthepurposeofthisclause_
..employee''means,inrelationtothe_
(a) medical fund, al1 emplo-yee as defined in Statutory
Instrument 255 of 1992;
(b) pension fund, a person of the aqe of not less than
years'
sixteen years and not more than siXty
or approved
employed in any of the designated
are
trades or worker grades for whom wages
prescribed in this agreement, subject, however,
(4) of
ro puiugraph (c) oT subrule ( 1) of rule
239 of
the fund set out in Statutory Instrument
r992; v
..employer" shall have the meaning set out in clause 3 of the
agreement
ons tnrction Indu stry
(Z) The indu stri al agreem-ents ent itl ed''C
(Medical and Trust r*"oi' and "construction Industry (Pension
255 and 239 of 1992,
Fund),,, promulgated itt stututory Instruments
are hereby adopted as
respectively, as amended and extend?d: parties on this
by th9
interim measures pending further negotiations
mutatii *utondis, to the construction
agreement, and are applied,
this agreement. The aforesaid
indusrry froryr the darc &i.gistration of
shall be known as current
two agreements shall be delmed to be and
benedt agreements for the purpose of this
agreement.

340
 S.f. 45 of 2Al3

(3) Notwithstanding the dates of their expiry, the current

benefit agreements referredio in subclause (2)
arert"tiuy preserved
and shall continue in operation under this agreement
and shall have
force and effect in respect of the constructionlndustry
from the date of
the registration of thia agreement until such
time as they are replacerl
by council. The terms ofthe current benefit
alreements shall, mutatis
mutandis,be binding on empltlyers and emplJyees
in the construction
industry as if they *ere part oi this ugr".*ent.
b (4) The provisions of this clause shall
be without prejudice
to' and shall not in any way whatsoever affect,
any legotiations or
Iawful acts by either tire parties of this ugrr.*ent
or other properly
authorised persons in respect of the assets, property
and liabilities of
the funds operated undeithe cu*entb*;;fil-igr."*enr.

Pnnr VIII
CONCLUSION
penalties

--\- / -- v -v s$vv'r'r
' r\'/r
fchapter 2g:2r],which reads__
"(3)
lny person who fails to comply with the provisions
of a collectiyg bargaining agreement which is binding
upon him/
her shall, without derogition from any other
remedies that may
be available against himlher for its enforcement-
(a) commit an unfair labour practice for which redress
may be sought in terms ol part xII; and
(b) be guilty of an offence and liable to a fine
nor
exceeding level seven or to imprisonment for
aperiod
not exceeding one year or to 6oth such fine
and such
imprisonrnent.".

Declaration
45' The employers' orglnisation and the trade
union, having
arrived at the agreement set-fonh herein, the
undersigned officers
ler9by declare that the foregoing is the rg*;nr arrived ar and affix
their signatures.

341
-- -:::':::T
:911"ry:-:: :y:::ry.Y1
f)ated at Harare this 3rd day of August. 20|'2'

C. KABASA'
ChairPer$on.

M. N. MAZARURA'
DeputY ChairPerson'

P. CHIYANGWA'
CIFOT' Presirjent"

O. CHIDAWU,
ZBCA President"

"T ,*ZOKAMIJSHURE,
General Secretary'

342
 S.f. 45 of 2013

ANnnxuRe I

DESIGNATED TRADES (CLAUSE 36)

Scseoum A

TRADES AND APFROVED CI,ASSES OF WORK

Architecturrrl -metal work

\, Alrtomo-bile electrician -"' work
Bricklaying
Building electrical installations rviring
{)alpentry
Carnentryljoiliery
Diesel piant fitting
F itting (including mectrining)
Fioor laying
Clarirrg
Scineiy
lvlastic asphrrlting
Mnsonry"' ancl stone work
h{otor mechanics work (including cliesel and tractor mechanie)
Fainting and decorating
Plastering
Plumbing/drain taying
Rigging
Strop fitting
Terrazzo and mosaic, wail and fTccr tili*g
Turning (including machining)
Welding
Wcodwork machinine

343
 T-

Industry
collective Bargaining Agreement construction

ScHEnum B
APPLICABLE FOR
MINIMUM HOURLY RATES OF WAGE
SCHEDULE 1 TRADES AND CLASSES OF WORK
EFFECTIVEFROM15th0CTOBER20II
Minimum lwurlY rate Inc'
Classificatiott lw urlY w ctge
allowanc es B as ic

$2,53
Skilled worker Class 1
$2,34
Skilled worker Class 2 .
$2,18
Skilled worker Class 3 .
Skilled worker Class 4 . '
$2,00
Worker lawfully exempted to perform work
specifiedforaskilledworker' j ' ' ! $2,00
$2,1 8
nuiiding electrical installadon wireman .
$2,1 8
Floor layer
from skilled worker
Note.-..chargehand,, means an employee who is appointed
' '---classes
to act as such for the dme being by his/trer employer to-
in addition to or in the place
(a) function in a supervisory capacity either
of his/trer usual work;
placed in charge;
(b) give out work to other employees over whom he/she is
such employees;
(c) rnaintain efficiency, productivity anddiscipline amongstprus not ress than
rate of wages
and wlro shalr ue puio hi#trer current
( per ceffiumthereof as a responsibility allowance
twelve and one_half 120
functions'
for so long as he/stre discharges these additional

ANNsxunr 2

cRADEDwoRKANDWAGES(CLAUSE36)
ScHePulE A

GRADED WORK DESCRIPTIONS

Worker Grade I
are
Alt emproyees engaged in the consrruction industry, whose activities
nor classifi& eisewheri il this agreement including-
workers in the execution of their duties
Assisting skilled and apprclved classes of
Carrying and loading
Cleaning
Colour mixer: raw materials
concrete block machine operator (hand-operated)

3M
 F

S.I. 45 of 2413

Digging
I)river's assistant
Filling and piacing concrete and mortar
Filler spun-pipe cases
Finisher: moulded prcduct
General labouring
Ciranule k-rad';r
\, Harrcl rubber down ancl pe-rllsher
Lrirry loarjer and slacker
uf tcriazz* and anifiuial stane

IvIechani*al rvr-rrkshcp ernpl*yees oi less than trvo vears' exCIerienc*

Ntixing sucir rnateriais as rncrtar or concrete rvher-irer by hand cr mae trine
Office cl*ant:rs
*ffice ffiesserlgers
{ip*rators of the t*ii*irii:lg n"lachlnr.s: iJs.}ix" ti}e machirrc. press-;:iate eriniling
maclti;rt:. rll$l- tiie n-lachin*" spun-pipt' in,"rrrlder and liner" vertic:ai-picss pii:*
t;tach inr"
Failct-{*cdcr rsrtf-tiie ffiachin*s t,t reter*
g \

llack irrg
Piar:irig #ofierete" ancirt* r *r orher lrrerterials in{o moulds s;t' fi}itchines
Fr€r'$rrrii*n cj s*i'ilc*s fcs *lastering or cfire r eoetrli,g
Raking *ut hriek i*iriis
R ir; g ^i'q*.rnii ij.g : ?:ritt and *ii ge
Sh<r.ie lilti:
,'i ti:a;;'i : r: g--* h ani bc;'s ! ai,ttl*r.: ;'
lii; ippii;i iiior,,i.js anil;::q:iiirii;-lgs aiiC .**r-,',,ui,g tiniih*ri p'rr:,ri.u,;is ti'Errrl rua*irirtes
i'r::, i;:r,i<*r s
"l"iis;"- r:*lker
iiii irrrii *u 1)
Llnski [i*d far:fcrv'.,v i.irJ<er

v V;*rker Grrtrlr 2

t3*iier &tteneianis
Cleri*a! vr*rk. *.g", site clerk, storernan. ehecker, ancl wages ci*rk- witf'r iowei
fhan stanciard 6 t{]iadc 7i education and rn'ith less tiran tlrrer. y**rs *xpeden**
.
Cornpress*r attendanis
C*rrcret* gnix*r i*gre.iatrirs*f nrixers up to and including i4f iG i*.4nr) {inpul)
Crirne oper*t*r {ui: to anri ii:*lucting 2 ';il{i kg lifting cepacil.yi.
Crushs; r"fl*nelatrts
ilun:pEr ii'iver$ {xrp {tr sai inchrding 1 500 kg capacity.r
Erpiosil'e irandler:i rrnel i* ilpers
iireccors of pre*ast ecncrete or cther comFionents where fhs use of mcrtar or
ather rnatsriels tbr,lcining are nat r*quired

345
 Industry
collective Bargaining Agreement: construction

Operators of all drills, diamond drills' coring machines and the like
machines and apparatus of a size
operators of mechanicalry driven tools,
is held or guided and cioes not
or capacity used in consiruction, which hand
require a driver's licence . machines
i
and the like
operators of ail drills" diamond driils, coring
and apparatus of a size or
operators of mechanically driven tools, machines
+'hich is hancl held, or guided and does not
capacity usecl in construction,
requireadriver'slicence : ,. concrete block machine'
operators of the following power-operated machines:
pre-stressingmachine . a , 000 kg
pile driving operatives-orher rhan piling winches (up to and including 2
lilling capacitY).
two years' experience
Mechanical workshop ernployee of more than
Motor cYclists
dismantlers operating under direct
Shuttering scaffolding and hoist erectcrrs and
supervisian
in cuiting, bending to marks' jigs
steei reinforcing benclers and fixers employecl materialr;
or srcfps and pracing,assembring, uincling and t,ving steel reinforcing
and othe-r metal warks
sun ey instrurnents operative's assistaut
Water Purnp attendants
(up to and including ? ffix) kg
winch or hoist operators, other than piling winches
tifting caPacitYi
cracle 1
worker in *Hurs* of supen'isl*g workers in w*rtrier

Wrsrtr:e r Crurie 3
wages elerk- liaving siand'ard
clerical w*rker e.g. site clerk", storeman, eh*cker, 'rhen wittr rn*fe than
5 (Gracie ?) ee!*e;ation or. if l*wer eelueation
standard,

three Years' e.xPerience ..

input larger, ineiudiflg lveight
concr*t* ininer *per.ators mixers of I 8112 0"5rn3
etr

hatclt ffri,xers. -ilffi

kgs
Ilrivers ci vehieles with a loacl capacity cf less
thran 3
(over 4{}kw)-class 5 licence
Drlr,*rs *f wheel tractors
Drivers of tipper trucks with a h'ad-capacity
of up tc I 0{}0 kgs
Fcr"klift driver
^l*i*r' '^i^ersrlnre
htobile cfans lifting machine (liftlng can
operators (lifiins capraeity *f l*nl, rliran 3 0{i0 kgs;
ciiiven. t,reils, nnachines unt .apparaturs used in
tlper*tors cf **rhunicaliy
constrxction where ttre operator is carrirrl tr-v flle r*achirl*, lt.t'vlng ie gr{'}s$
is natrequirer;
weight of less tharn 10 00s kgs and wiiere a lie*rrce
Fiie drivrng mast cPerators
Pile Criving wirach oPerators

346
r
a
l

l' S.f. 45 of 2013

Pile layers cperating under supervision

Seli propelled roller operators either steel wheeled or pneumatic tyred (of less
than l0 000 kgs by gross weight)
stationery crane operators (over 2 000 kg but under 5 000 kg lifting eapacity)
Steel reinforcing benders and fixers operating without supervision
Survey instrument operative with less than three years' eiperience
workers in charge of supervising worker grades 1 and 2

V Worker Grade 4
Civil works assistants (non-certifi ed) undertaking shutter-tixing, tirnberring and
shoring, pipe laying andjointing, pavement and kerb laying *nJ3ointing oJcivit
engineering type works excluding structures. and working without supervision
Clerical workers, e.g. site clerk, storeman, checker, wages clerk, haviirg an
educatictnai qualification of a minirnum of three 610" I-evels- ar with a Standard
6 (GradeT) education and having rnore than three yearso experience
Operators of cranes and lifting machines with lifting capacity in excess 6f 5 000 kgs
Dump drivers (over I 000 kgs capacity;
Excavatar operatars
Grader Operators (mctorized} *ll types
Gunite *pera{iv*s
!-ory drivers of vehicles rr,'irh ioad-capacity r:f j 00{i kgs or mcre
S'{chile drilt operntives
Mota;" mechir-ftics and fitters lrlon*certified) undertaking rr,rnr:vai, dismantiing and
replac*n:ext clr*rnponeiits of piant anci equipnient anei af engineers, vehicle
bc'Cies and tr:ansmissi*n, steerir:g, braking and under-c;lrring* $ystems,
as wel!
as iu,brieatir:n arl'd oiirer servieing
*p*rritr"''r; *f ;rny ,mechanically driven tocl, rnachine E;i apil:aretus used in
cofis{a-t"ieti*n *'r'here the r:peraf*r is carrisri b5'the rna,-:hine
weigliti
ieif eny grsss
iln-cl the *p.,ret*r ii; ree;uired i+ have a ciriving !i**n*e
\, Fip* i ayers #flerefing witiiont s upe,rvisiqtn
Pressure tir*ili ing r:pe pliv*$
Scr*.ppr.er cperators trns.ltoru;:,et! i *ll t3,pes
$eif preipell*d *irip sgxeacter
S*lf-prop*iled r';iier ';perators. either *teei wheeleri oi" pn€$:nafic fyr*cl
i*ver
IS ii*G kgs grt.,ss u,righti
$*!f-pr*:pelled vibrating r*lle:'*,per*,rives i'rlver $ 00t] kgs oveigi:ti
$t*e! reinf*re-irig i:enrfers anei f;x*rs we,rkiirg frq:::r hending s*hed*les nnqi drawings
Surv*v ! nlt;"r"lq'I tent cp*raiives w irit. ri rtrt r ha*. {.hrc* year-s " er:p*rience n

?r"*,eke d t rkuctor eti--e* ratr: rs--*al : l_1' piJ::,

T it' iX,:l rq-:f r:pf f A ii-li'::

-'i .; "'?
J+i
 r

Indr"rstry
coilective Bargaining Agreement: Construction

run or tack b3z electrii: arc'

welder operative (non-certified) clownhand single
electric current or selectirng
b*t not responsitlle for setting up work, adjristing
gaugeoirods i , r--.^r;t:^*lo-.,-.
tlownhancl we-lcling by oxy-acetylene.
Welcler o1>erativ-: (non certified) undertaking
for setting up work or ad.lusting pressure vah'es
but not responsible
grades 1, 2 and 3
lVorkers in cliarge of supcrvising work*,rs in

Si nri;l:m B Y
A
NliNIMUh,{ HO{,'R.[.Y RA-i ES O}'PAY APPLICABLEi9-S:HEDULtr
EFFL{]rTVE FROM lsr JULY 201?
GRADEs AND woRK ngsilR{prlohis,
hf iirimtmt hctu'l : rtfie
G ru tle d W orki !) *: s r ri Pt k t i i

{}raqie I $ 1
Wcrri<er
$1.47
"-X?
Worker Grade 2
$ 1"52
Wor:ker Gracle 3
Worlter: {ir'atie 'il $t"53
{.! {?
\l' !- */ '*
Watci:tnar:
a

A;\liri:,XUni" 3

WAGHS S{,i{} {CI'A{ lSts 3{:i

Hnrplo;rryr:.. Lirtr p I cl.v- r e''t n n*: ber :

l]mpi o}iflf; ' s 3 I ft l?Jr: l {li;l,rsi[..-rarr*:
e Gntrar:l nt;i ilirfr- "
Raie r-i{'*i31,; ..".. lg:*i- hO'r'li

l i<:trr-s aE"

"['col ai]cr',ti:iic* .,
[{*urs ac

fivertirne..., F{r':'r:rs at 1 V; \t
$'{s1;r'g ;ri 2
i-?.r:nrs at 3
:

Dedut:ticls
P.A.Y.E
I\,Iedieal Fund:

"1-i;g
 S.I. 45 of 2Al3

General Fund (Council's dues)..........

Trade Union membership:
Total: .............
' Net wages due:................ ,...,......,ir..,,....,

ANNEXURE 4
SAFEry AND PROTECITVE CI-OTI{ING AND EPPUANCSS (CI-AUSE 2I)
FOR FURTI{ER INFORMATION REFER TO STATI.,TTORY INSTRU-
g MENT 223 oF 1993 oN srrE occupATIoNAL HEAL,TH AND sAFETy

9ryaged in occupations or trades as lisred. shall be provided

Emplo-yees
with overalls and the following safety and protective clothing or appliances:

Occupation or trade Safety and protective cl.othing and

appliances
Cutting and dritling by machine of \
brick, stone and concrete structures
Punching stone I

Grinding and polishing tefiuLzo and

other stone surfaces t
Sharpening stone mason's tools, Goggles
planes, thicknesser:s, spindlers, four I
cutters, tenoning-machines, dovetail-
machines, routers, drilling and I

motorizing-machines
)
Cleaning soldering irons
Cutting ard bending, placing l-eather Gloves
Assembling, binding and rying sreel l
Reinforcing and other metal work )
L Operating concrete mixers, hoist
Operating and asphalt mixers
Operating sheet metal-work machines
I leather gloves if so requesred by
the employee concerned
Employees required to work with wet l
concrrete or mortar, whether by hand
or rnachine )
Boiler attendants l finted goggles ard leaflffi gloves

349
 Collective Bargaining Agfeement: Construction Industry

\
Operating power-driven tocls for I

excavation, concreting, cutting or I

drilling, brickwclrk, concrete or t

i
stonework \)
I
Stone cutting, machine-minding {
Goggles, leather boots and safetY
Operating Jack-hammers I boots
I

Cutting or grinding steel work by hand

\:
I
I

Apptication of hot tar and other I

J
substances at a temperature of above
50 degrees Celsius \ !

Operating wcocl-fl oar san'J ing-machines ! l)ust masks arrti goggle,s

Welding { Protective tinted inask, l*irther
-j apron, spat-c. gi*'",es arrd silfety
iroots

{ise r:f acid rnaterisls I Goggles skin prt:teetion' P.*r".C.

glov*s atnri gun'ltr**ts
.r Fult trody prcti:ciion it:,-'luCing
Using pais*nous materiais
slil !]r,t]d]ting
sr-ir-'h as
\i ..-
*tpectl !eLl i'fspll''il(.'i'
)t.

Workel's <:$gaged irr the pl:icir:g of wet I

c*ne r*tc at tire pr:int cf t'irrel depusit ]lubber a:rkle oi' k**e hri*n
i
Work*r:. *i'lgaged in wcr*'involving
i
excavaticn in w*t conclitions
Every ernploy*r shail suppiy, free af" charge, a waterproof cape, overeoat or
other suitable protective ciothing to every ernployee rvho" in ihe *ourse of irisi
her sluties is h*bitually expcsed to inclement weather.
Drivers anrj vetricle attendants engaged in the lcading and unloading and
6elivery of goods. on o{ fram e$m$lercial vehicles sha.ll be provideti with \,
adequate protective clothing

350
 S"L 45 of 2An

AuruE>:Linn 5

SKILLED WORKERS TOOLS

(CLAIISE 25i
C onst ntction indr,tstry, lr.ar! e s
Brickiayer*
trcrvei. big and ocinting;
btrock-hrusir;
$ briek-hammer;
cr.ri::b-irarnmcr;
lirres *uC pirrs;
I -?-nretre le vsi;
I . 8-k ilogram haru: ixer.:
chist: ls;
holst*;"
joinr*rs"-*iirrFs al:d beds;
!ii:]e rn*tri; :
i"ii jer rnetr:i:"

{-l;"lrpr-.1:lcr*".

3 kiiogra:n hamnier;
?*{} gra$l hammer;
cl oss-cui saw:
pa.nei-sar*:;
tenon-saw;
coping-siiyi;
lcvel ;
trra*e anti set *f hits;
wheel braee and set of hits;
marking-gauge ;
{', scrervciriversl large, rnedium
and snraii"
---- *r4i*tr*
hack-saw;
h ack-k n ir'c
jack-plane;
sm'ccthing plan*:
steel sqliaie 45 deglees
Celsius adjustai:le;
., - ----'
set of .,vaod chiseis;
steei tsp*, 5 meil *s:
bevei:
naii-bag;
tin ^snips;
pliers:

35r
 collective Bargaining Agreement: construction Industry

crow-bar;
roof punch;
nail punch;
oil-stone;
tool-box;
Building electrical installation wireman-
3 screw drivers, 3 millimetres to l3 millimetres, insulated;
pair side-cutter
pair electrician's Pliers
,J
pair elstrician? s long-nosed pliers;
150 millimeter adjustable wrench;
300 millimeter adjustable wrench;
150 millimeter Stilson wlPnch;
vice-grip;
set sockets, uP to 25 millimetres
56gram hammec
453-gram hammer
I kilograrn hammer;
set of punches ard chisels;
set B A. taps and dies;
set dies, 3 millimetres to 25 millimetres;
test lamp;
I 9 rnillimetre steel-pipe-bender;
25 mill imetre steel-PiPe-bender;
I 9 millimetre bending-sPring;
25 millimetre bending-spnng;
set conduit-dies, 19 millimetres to 25 millimetrcs;
fish-tape;
knife;
spirit-level;
plump and line;
chalk-line;
2 metre tape measure.
Plasterer
hand hawk;
trowel;
gauging-trowel;
internal and external angle tools;
Ep€, metric;
. level;
square;
352
 F-

S.I" 45 cf ?013

floafs. 3{)0 nrillimeires by l12 mlllirnerres anc! by v|rnillimetres

"r57
!:ru:;hes. block anil srnall rule

Piumber
Tocrl-hox:
2-metre tape:
3Gi) mil limetre tinman, :i si"lil:s;
6$0 m i i iinrctrr: sqllars:
* 225 in itl irnerrs pliel s
225 miiiirnetrc squer*: ,
1 5il rniliilnctre piiers.

6 r:iillimetr* ehisei:
Iini!lirnetr.e chis*l:
j
? rnif linretr'* clris*i ;
25 n:i ilinretrc r:hesci:
225 rni llirn*tr* pip*-wl *;rcli:
-i25 m i I Ii lner"r"* Fl trt',.:-wr-s:nch :
4i){} n: iIIi m*":tre 1:i gr,:- i.v i.ene.:i: :
25{} m i I ii rr: * tl * ;re.i.i i r:;ti: h ie s !}eil *e rl
hi.t'k-sirrr.,:
I 3 rrrii! irn*iri: c*i1Fcr-.dri it:
2{ }-n:iii i ffietrc iliiprrrr-drifi.
tJ{}Pr g1'eY - Pri i;e Lr r.!t [*-:r "
J i n ri I I i rnr_:i ilf. i_"rlFli:,# r_ hs; rrl i ng s ;rri;: g:
{-iLiiv- spat?i:{={ i }_,lis ;,='t.
{.5.j iirern h*mrr:*r.i
I i!';gr*ni l;anii?i*:';
1.,

I"ii :niiiimerr* Iin*;

"yirq r;-i:f;{li,i;ing [**l ,
l*
! t:*:il- i:itilii-i irg t*t_r i .
: - I ijil nii I I i.;,n,tt{'J ** r*.i.. r i- *n r:i rq., ft *, i,-:* ; i; ;
.it]'J : nillim*iro: i;pir: i" ri:vi:i:
1)*{} tnl iliirictr* tpiri- ie .;,:i,

Tue:nrcr:
l*t r,:f s;ere1trr., ririve rl !

Silr tirill'i
gnrii'v krrifi:;
raliei: tret'ills srippiied i:y *mplcygr);
drmilng hrustrss, varietyi
du:;te ru;
s*t of'Lraint brush*s i,i" is. 25. 3s. 5c|. 75 anr! 100 rnrilinretres

3s3
 Collective Bargaining Agreemenil Construction Industry

Extraneous industrt trudes

Automobile electrician-
Employee to supply usual trand tools in accordance with agreed practice in
parent industry
Diesel plant fitter--
Tr:ols tr: be provided by skilled worker class +-
tool bor and padlock;
6mm-41mm flat spanners of A. F. equivalent; \(-
hack-saw frame:
700 g hammer (Bail Peitr);
2kg hammer;
Soft liamrner;
300 mnn ru-ie;
200 mrn dividers;
150 mrn inside caliPers;
files, including threadfile:
15Cl mrn or*tside calip*rs=
150 mm square;
eentre punches;
adjustabie sPann*fs uP tc 300 mili;
vice-grips 250 mm;
scriber:
scraFer;
uh?scls tflat ealeli i5C and ?0{} Inril
ers}w f"**f bar'S5t] -{nil}
$cr-ewdrivel'$ uP tc 250 x;lI:t

Teiols f'o be prcvided by si,;iik-d woik.*r elass 3---

All tho;e tc*is preseribeci i'r-:i' a skilted wurrkers class 4 and irr aeid'itieiii, ti:*
f<lll*wing-*--
6 mmr=-'41" snm c*rni:ination SFel'ixlr'ric,

Feeler:s:
S sr:c}<et sef, -?t inq:h sqil,r.r'* eirir'* i: rs:x; -' 3il ftirs
Stde cutt*rs;
i5 sockrL seto ?i inch drlve ?tr*rn * {*it{l:xrl
Drift pun*hes
Pliers, including lcng ncsc:
Circlip Bliers;
Screwdrivers (PhilliPsh
{iari or slip-joirlt piier:s;
Pinch tra;'750 sr!fti

tq !
 S.L 45 of Z0I3

Taols to be provide,t by skiiled

wr:rkers crasses 2 and t_
far skilled workers classes 4 and
^TJl?fi,"Tlf:t"oecl 3, and in addition,
Allen keys, rnetric;
torque wrench , ,V inch square
cirive;
vernier_150mm
0- r 50mm outside rnicrometer
or combination sets square;
* Fitter (including ft achining)*
Tools to be pr.vided skilrecr worker crass 4-
'y
Tool-box and padlock;
Scriber;
6 mm-32 mrn flat spanners
chisels (flar cold);
hacksaw;
2 or 3 rn tape;
700 g hamrner (Bal! peinl;
45t] fflfil Stilson r,vrench:
300 mm rule;
Pinch bar 450 mm;
l5S mm dividers a;rrf jennies;
Centre punches:
150 mm insi,Je c:aiip*:,s
150 inrn oursicfe calipea.s
Tin s*ips;
Piii punches:
l5G n:$-c square;
S*ft ilamrner;
ivtefrir: anci irnp*rial Allera
kevs:
iici:swi{ri vers;
3il{i lnrn sliifting spa{rners;

?*cf1 tc bt' provided hy skilied

r',nrker cla.ss 3_
for a skilled rvorker ciass 4
"t'ililRxg:prescribed and in atldiric*, rhe
6 mm--32 rnm ring or combinefi*n
spalmers
gas pf iers;
c*rnbinatir:n sci square:
vice grips;
s*ckef set-optionai:
fee lers-opti+nal;
pliers;

r3*1
 F-

collective Bargaining Agreement: construction Indr'rstry

vernier 22 mm;
serapers;
junior hack-saw';
st:rew drivers Phillii:s);
G-clamPS 2 x 150 rnni;
CircliP Pliers
*--25 flltn rn icrometer'
Tools to 'oe. provided Lr,v skillecl rv'.-rrks'is class*s 2 ancl I'
'
\r
All those irrc,ls prescribed far skiilectr w*rkcrs cl*sses 4 and 3 nnd, iil adcliti6rll"
tire followhg:--
25--50 mnl mict'citteter:
rul[ir-ls gaugr:
sctre\\r pitch gauge:
tkrrsad angle gaugs;
c,rilslo**l

lvlotor" rnec:hanic **
pr*ctir-:': irt
Hlr-l1rla;.,rer'. tLl supi:ly r,isuai haneJ tcs:ls in aci:ilrilancc r'vith agre*cl
lrar*rrt indnstrY
Itisger-"-
' r*,'t]fk*'r *i;'lss 4 *
-"Ili-,*lr ic be prcyiei*C hy sk"iiit'd
i**'i -i:nx .?rrd trradlt-rc i;
t;'rl rcilig :'pihf.i" variut-is si;re's
{li1-:t" :Y:*ii.sl-lr*3 rgi ;rn'l'! "i* ltt
i 5ii nillr vr !"iiidt ';nlip':ru ';tlpc *ji';'i'l':'-'- '"1

,1.{i* lr iin rrttj;er;f ahl+ sprt;"ii'e'r

hlit:k sit \"' fi',}i tlc :
5{} fi}I}l sirl,: uti*l li
tr e

pi:*:ri, *triscis (rcPe t:uitti"u i:

\/
s*rvin g rr' :ltl*t' *ililF'$r l:asi n: *i'' [ti; ;iiirer' i'l-ra l i i-":in']
,igg*rJ spc\oi"r, riggers screws,, {.f*r spilcing lr''l:er* nc viee}
twistsrs
and 1-_
Tools to kre pravidecl b,v skiiied r,vorkers-*classes 3,2
all the ahove ttlois. Plrts
150 mm inside caiiPers
150 mrn ,;utslde caliPers
Turner i i nciuitin$ Irreciri ning)'--
Taols tn be pr*virled by skilled warkei: *iass 4--
tc*l hox ancl Padlock:
scrib*r:
6 rnffi*3? mm flat sPanncrsl
ISS
 S.f. 45 of 2013

Chisels (flat cold);

hack-saw;
2mor3mtape;
700 g hammer (balt pein);
450 Stilson wrench;
3m rnm rule;
pinch bar 450mm;
l50mm dividers and jennies;
meFic and imperial Allen Keys;
v 150 mm inside calipers;
Pin punches;
150 mm calipers;
Tin snips;
150 mm square;
Soft hammer;
Centre punches;
Screw drivers;
3m mm shifting spanner;
Tools to be provided by skilled worker class 3-
All those tools prescritred for a skilled worker class 4 and,
in addition, the
following-
6 mrn-32 mm ring or combination spannersj
combination set;
vice grips;
socket set-optional;
feelers-optional;
pliers;
vernier-Z2 mm
scrapers;
junior hacksaw;
\rt screwdrivers (phil I ips) ;
G-clamps2x l50mm;
circlip pliers;
0-25 mm micrometer;
gas pliers;

T*ll to be provided by skilled workers classes 2

and t_
AII tlrose tools prescriM for skilled workers clas.ses,4
to the following_
and 3 an4 i' addition,
25 mrn-50 mrn miqurleter
Radius gnuge;
Screw pitch gauge;

3s7
 Collective Bargaining Agreement: Construction Industry

Thread angle gauge;

Oilstone;
Welder_*
ancl 1*-
Tools to be provirled by skillect workers classes '4, 3' 2
tool box and Padlcek;
500 rnm rule;
30S
smatrl cl::mps;
rnfil squars;

adjtistabla spanrlers up to 3fii] i!l{n;

900 g hantmer (ball Prein;;
\ri
chipping hainnter

Arixurunn 5

FORfu{ OF NHCLARATi*}I tsY AN E,i*{P}-{f,YER IN TT{E

C GNSTR U{":TIO}{ Ii{D LTST=I{Y
{CL.A{-TSL 8}
.tO: N*ri.,nal f,mpicyrnen{ {i*un,;il fi:r th: C*nstruciion initustr-r'of
Zinrbabw*. F.t). B*:i; l'?95, FTARARE'
' "herei:3'' dctcla're
traiing &s . " Ir',w*'e.
lltdustryi as ciefir:ed iia your
ttrat IiWe* arni#e* empioyeris* ie'l tire Coasr;"uc{icn
ccuncil's agteernent.
and ccnfinned)
(Business shall nct cogl:rnence unti! enrclrnent is ccmpleted
My/our business is a
proprietGrships
sqte {)urporat* hari.v*
Partneffihip* Liniiten-l liabitity ctx?ip&Il!$<

The name/s* of th* prcpri*t*r or iSre partners or th$ rlirec{ars or puhlic clfficei's

ar€.,
tnam*s in fuli biocni caPitals)
or the clireetors ii{
The residential aelelressles* cf the pr*pri*t*r or rlic paffiners
public erfficers are : "..

::::::,::::::
The brusiness address is: .ei"'r's'a" ;"""
ttt"' "c"r
"!n-"'o1:ttre"tt

'Ihe workshop/-vard* aqidres* is: ""'*e"4 i'r€"";r1ri"c""'&r4**'.

;;--;;-;;;'....ti.oo.{l.....-nG...stt.t.g.b:r:.n!.t''

35S
 S.I. 45 of 2013

Trade or trades. which will be carried on, are: .

Wnrkers' Cornpensation Receipt nurnber: ",.

I/!Ve* attach cheque/cash* in the sum of .. ... Declaration fee

Date Signed:

Delete the inapplicable. Capacity of Signatory:

b, (e"9. proprietor, pailner, manager, puhlic ofi'icer, secretary etc)

NATTONAL EMFLOYMENT COUNC ;, FOR TF{E CONSTRUCTION

II.{DUSTRY Af Zi .IBAB\€

AruNsxunr. j
E},',IPLOYtriJS

APPLICA'I'ION FOR ENROLVIENT AND CLASSIFICATION OF

GRADIT\{G (CLAUSE 9}

Full narnes of emplcyee:

National Registration Number: ......
Address: ......

Certificate of skilled worker qualifications, if any: ........

Date joined present employer: ...

Worker Grade proposed by present employer/or proposed trade or occupation

to be approved by council:..... ..,........

Previous employment record-

1ffil.
;ffif'[' ;;;.;::: : ::::: ::: :: ::: ::::::::: :::::: ::::: :::::: :
2. Name of employer: ...... ..
Capacity in which employed .".

Employee

cornpany stamp

359
 Collective Bargaining Agreement: Construction Industry

and fully
Note: Employee must enclose a pension form declaration duly
.ontpirted, together with (three) passport size photographs'

COMPLETION BY N.E.C. ONLY

N.E.C. Number G:
Awarded worker grade:
Trade or occupation approved: .."...:.... """" i"""'
Date of enrolment: .'....'

NATIONAL EMPLOYMENT COUNCIL FOR THE CONSTRUCTION

INDUSTRY OF ZIMBABWE
AxNsxune 8
RECORD OF SERVICE FOR EMPLOYEES (CLAUSE 10)

Employees' full name: ... NEc enrolment number: .".........

Identification particular (if any): National ldentity No.:......

ZCATWU No.: (if applicable) NSSA (SR No') '-''re'

Details below to be recorded by employer

DATE OF
TERMINATION
COMMENCEMENT AND AND
PROMOTION OF SIGNATURE
NAME AND OF
ADDRESS OF EMPLOYMBNT
DATE OCCUPATION CLASS/GRADE WAGE EMPLOYER
EMPLOYER

on hidher
Note: This record of service is to be returned to the employee
retirement, resignation or discharge, duly completed by the employer.

360
 S.f. 45 of 2013

AuNexunn 9

LIST OF POST OFFICES WHICH MAY BE DESIGNATED IN RELATION

TO SITES IN VARIOUS REGIONS

(CLAUSE 4O): TRAVELLING AND SUBSISTENCE ALLOwANCE

MASHONALAND REGION
\, Banket Karoi
Bindura Macheke
Centenary Mhangura
Chakari Marondera
Chinhoyi Mount Darwin
Chitungwiza Murewa
Chivhu Mutoko
Concession Mutorashanga
Glendale Mvurwi
Goromonzi Norton
Harare Selous
Kadoma Shamva
Kariba Wedza

MATABELELAND REGION
Beitbridge Kamativi
Binga Kezi
Bulawayo Lupane
Colleen Bawn Mbalabala
Dete Nkayi

v Esigodini
Figtree
Plumtree
Tsholotsho
Filabusi Turk Mine
Fort Rixon West Nicholson
Gwanda Victoria Falls
Hwange

MASVINGO REGION
Bikita Mberengwa
Buhera Masvingo
Chiredzi Rutenga
Gutu Triangle
Mashava Zvishavane

36r
 G'
x
s

Collective Bargaining Agreemenfi Construction Industrv

MANICALAND REGION
'
Birchenough Bridge Mutare
Cashel Nyanga
Chipinge Nyanyadzi
Chimanimani Nyazura
Dorowa Penhalonga
Headlands Rusape
Watsomba
Mount Selinda \z
MIDLANDS RBGION
Gokwe Mvuma
Gweru Shurugwi
Kwekwe LlmniatilSanyati
Lalapanzi

LIST OF LOCALITIES
Chisumbanji Ruda
Nyamaropa Rupisi

ANNexune 10

PURPOSE, DUTIES AND FUNCTIONS OF

WORKERS COMMITTEES (CLAIJSE 41)

Purpose

1. The principal purpose of a workers corffnittee is to bring iogether and collate

in order of irnpornnte th. t rponsible opinions and reasonable requirements of
employees anclio represent these and the general interest of employees to the employer
through the medium of a works council. The committee shall be created and elected
by eriployees nct having any managerial function and shall consist solely of such v
emptoy**u, fr"* to debate in commiuee without interference by the employer.

Functions and duties

Z. The functions and duties of a workers committee shall be to--
( a) b e r w e en rhe e mp I ov e e s
:::?: :s ffif.:, TrXffi:i'; ffilff :ffi,,:",l
(b ) :;".Hiil#: ?U:13fr::lj"ffl ;?,:xif:s
cu ssi on w ith the e m pIov er

(c) promote stability and good relationships between ernployees and thc
employer and toencourage the settlement of differences anddisputes
bY conciliatory methods;

362
 S.f. 45 of 2013

(d) understand and promote the interest of ernployees whom they

represent by maintaining regular contact with them;
(e) improve productivity and quality by promoting conditions and
encouraging attitudes conducive thereto within the working
environment;
(0 ensure that if a fellow worker seeks their advice in respect of any
grievance or disciplinary matter, at least one member of the commit-
tee is made available to render such advice and assistance as may be
b required;
G) co-operate with the registered trade union and the employer in ensur-
ing that the terms of this agreement together with thl eJtablishment
nrles are understood and observed;
(h) liaise with the employer in promoting the occupational safety and
health of the employees,:
Provided that such matters do not infringe upon, or impede, in any way,
the rigtrt of the employer to manage his/trer own business as he/she deems fit.

Negotiating terrns of reference

will be no conflict with the terms and provision of
3. To the extent that there
this agreement workers cornmittee may negotiate with the employer concerned,
a
through a works councilo oo the following matters-
(a) prevention of accidents;
(b) times of work;
(c) employees' requirements not provided for in this agreement;
(d) procedures relating to disciplinary cases and grievances;
(e) the provision of welfare and comrnllnity sen ices;
(0 the avoidance cof disputes and prompt settlement of any dispure
b arising;
(g) improvement of environmental conditions"
4. Where the outcome of any negotiaiions under clause 3 of this annexure
results in an agreement with the employer which will affect the conditions of
emplayment of the employees in the estatrlishrnenr, it shall be referred by the
workers' committee to a meeting of the employees so affected and if upptouid by
more than two-thirds of those emplcyees present at the meeting, it shlh becomL
binding on the employer and all employees so affected.
5. Anything agreed between an emplcyer and the workers committee under
these terms of reference shall stand until it is re-negotiated, unless similar or
improved terms or conditions are achieved hy the parties to this agreement"

363
 'r

collective Bargaining Agreement: construction Industry

C omPosition and me mbe rshiP

the- establishment
6. A workers committee shall consist of employees !n
of the committee
elected to hold office for twenty-four months. The membership
shall approximate five per ,ritu*of the total employees in the establishment,
such members'
providedthatthere shalfnotbe less than three nof more than fifteen
from amongst
The chairman and the secretary shall be chosen by the members
their number
shall Y
7 .Retiring members shall be eligible for re-election, and new elections
will enabl6 the replacement members to assume office
take place at such times as
upon the retirement of the former members'
g. In seeking candidates for election to membership of workers committee, the
to ensure that the differing
steering commi[ee shall endeavour as far as possible
grades and classes of skill
interests of the employees in the various or.uputions,
represented.
and work and departments of the establishment are

Elections
g.When a steering committee within its terms of reference considers sufficient
which would be consistent
candidates have been nominated for a committee
g of this annexure, it shall appoint a chairman and
with the provisions of clause
constitute an election
two scrutineers from amongst the employees who shall
committee.
10. The election committee shall place a list of
the candidates and the
on the notice boarg, the election committee
interests they represent T..reafterprovicleballot forms.and
shall convene a meeting of employees at which it
shall
consistent in numbers
conduct a secret ballot there at in oid"t to elect a committee
and intent with the provisions of clauses 6 and 8 of
this annexure. Those elected
shall take office immediatelY.
1 1. Subsequent elections shall take
place at times which will give effect to
the requiremenis of clause 7 hereof. Such ilections shall conform to the provisions \>
and procedures of clauses 8, 9 and l0 of this annexure'

Removal of members and vacancies

from office by a
12. Amember of the workers committee may be removed
interests helshe represents voting in favour
-u3orilruo* of employees whose 10 of this annexure'
theieof in the manner set out in clause
shall no
13. A member who ceases to be employed in the establishment
longer be a member of the workers committee.
an election shall be
14. where a vacancy occurs in a workers committee,
held in conforrnity with ittis annexure to fill the vacant position
provided that if the remaining members' periods of office expire within
three months, the vacancy need not be filled.

364
 S.f. 45 af 2013

Meetings
15' A workers committee may not proceed with business at a meeting
unless
at least fifty per centuntof its members are present.
Meetings shall be conducted
in accordance with the ordinary rules of debate and
decisions or resolutions shall
be taken on the vote of the maiority present. In the event
of an equality of votes
the chairman shall have a casiing uot. in acldition to his/her
deliberative vote.
Proper minutes shatl be kept of each meeting.

ANNrxunr l l
b CONSTRUCTION INDUSTRY: CODE oF CONDUCT

Preamble
I'(I) Di'sciplinary rules and procedures are necessary for promoting
fairness
and order in the treatment of individuals and in the
conduct of industrial relations.
They also assist the organisation to operate effectively.
Rules set standards of
conduct at the york place, hgtp to eniure that the standards
are adhered to and
also provide a fair method of dealing with alleged failures
to uUr"rve them.
(z)ltis important that both employers ancl employees know what
r- standards
of conduct are. expected of thern.

" Aims, purposes and principles

2.T\e aims and purposes are to provide the following_
(a) principles governing the conduct and resolution of labour disputes,
including the framework thereof;
(b) procedures for the effective handling of grievances;
(c) the enunciation of offences and penalties at the work place;
(d) handling of disciplinary measures, including dismissals;
n:.Otctive
(e) the enunciation of the rights and duties of management and ,norkrrr.
b
F undame ntal p rinc ipl e s
3' This code recognises and operates on the following fundamental
principles-
(a) conduct of labour relarions in a non_
*:ffifj:|fi"ffi1'r|,
(b) the mutual responsibility ofworkers, employers and theirrepresentatives;
(c) fairness and justice for employees at the workplace;
(d) the promotion of stability and consequent incneased productivity
at
. the workplace;

36s
 collective Bargaining Agreemenr: Construction Industry

(c) respectforthefundamentalrights and duties of workers andemployers

as defined bY law and in this Code; and
(0 the avoidance of collective job action wherever possible'

Duties and rights of nanagement

4.-
(a) to manalie and conduct business subject to the law and this Code;
(b) to develrp jointly.with worker represerttatives, ittdusuial relations v
principie's subject to the law and this Code;
(c) toensur. .itat managemenr is authorised ttl make apptopriate decisiotts
in terni . 'i'this Code;
(d)toenst;i.:hatthcdutiesofworkersareadequatelydetlnedand
understr J:
(e) toensur, compli.rirce with alI laws, collective bargaining agreements
and oth*r' applicllble instlumentsl and
(0 to act irt ::rrod f'aifh in its r;lationship with workers'

I)tiiit's and rishts of employees

5.(l)Employccsareexpectedrocarryoutdutiesandresponsibilitiesfor
*ni"f, tt ut in a clnscientious and energetic manner with due regard
to interests
"ngugl.d,
"y of the ccinpany and its employees'
(2) The tlutier *nd responsibilities of an employee are normally embodied
in a job iescription but wiih constantly changing alsPects of the company's
operitions, the job description should not be regarded as all inclusive.
(3) Employees have the right to be treated fairly without being abused
verbally orphysically inthe exercising of discipline and resolution of grievances.

Duties and rights oi the tade unnn Y

6.-
(a}toco-operatewithemployersinestablishingindustrialrelations
principles subject to the law and this code;
(b)toensurethattheyandtlreirrepresentativescomplywithalllaws'
collectivebargainingagreementsandotherapplicableinstruments;
(c)toensurethattheyandtheirrepresentativesunderstandthenarufe
and extent of their legal rights and duties;
(d) to familiarise themselves with the provisions of this code; and
(e) to act in good faith in their relationship with employers'

366
 S"I. 45 of t0l3

7' T'he cocte of conduct w'r consisr :::S:;;, of pr'cedures. narnery-

(i) .grievance procedure;
(ii; disciplinary procedure;
(iii) dismissal procedure.

Crievance prCIeedure
{' 8' Definition: A grievance is
in connection with utl '#o'r,
any dissatisfaction or feeiing
of injusfice
"*ployee's work *niirorrnlent, conditions
whicir trersne of
;ffi#:ihn*:ff*':e'-in i, *up*r"ised that io trnughr ro ttre
(i) Poticy-
{a) grie'ances will be resolved at theruwest managernent level
possible and as qui*k!_v
as possible;
(b) ttre Employment Council
Secretariat rtr&3i at any si6ge
procetlure be consulted fbr in the
infcrmation ily management,
committee/worker representati workers,
ves or d;, *;pfirt;;;
(c) all grievances will be dealt with in good faith.
Ciscrimination cr victimizatian. without
(ii) prr:cerJure_

A Stage one:SupervisorlSuperior*_
(i) stage onewi* crear with any marter which
an emproyee or
group of employees repcrting
to one supervis*r, wish to
raise as a grievance:
(ii) an empro-vee who wishes
to raise an issue as a grievance
in terms of part III of the Labour Ac t {crwpter
__J zg:01}
must first raise it with his/her irnmediate supervisor;
(iii) an employee who wishes
to raise an issue against his/rrer
immediate superiar must raise
it with the superior who is
next in line;
(iv) if an issue affects twc or rnore
emproyees answerabre to
the same superior, the rvorkers,
representative ma)i be
accompanied where appropriate
by not more than two
of the emproyees concerned to
raise the issue with the
appropriate superior;

367
 r

Collective Bargaining Agreement Construction Industry

(v) the superior shall investigate the grievance and use his/her
best endeavour to resolve the issue;
(vi) if a satisfactory solution is not reached within three
working days of the issue first being raised, the grievance
will be referred to the clepartment/branch/section head.

B. Stage two*
(i) this stage will deal with issues not resolved at stage one;
(ii) the department/branch/section head will arrange a v
meeting in which himselflherself, the immediate superior
of the grievant anrJ the grievant will be present together
with a maximum of two workers' representatives;
(iii) rhe meeting shall take place within two working days of
the grievance being referred to the department/branch/
section suPerior of the grievant;
(iv) if longer time is needeel this must. be agreed by both
management and workers' representatives and the
immediate superior of the grievant;
(v) if a satisfactory solution is not reached within two working
days from the first meeting with the department/branch/
section head and workers' representatives, a written
notification noting failure to reach agreement, signed
by the employee raising the grievance, the workers'
representatives and the immediate superior shall be
fonvarded to the chief executive/general manager or hiV
her aPPointee.
(vi) Where a grievant is not satisfied with the decision of
the Head of Department he/she can appeal to the chief
Executive/General Manager within five working days;
Appointee-
\.
C. Stage three; Chief Executive/General Manager or
(i) stage three will deal with any rnatter that has not been
resolved at stage 2;
(ii) the Chief Executive/General Manager or his/her
Appointee shall resolve the issue within three working
days;
(iii) thechief Executive/General Managerorhis/her Appointee
shall review atl the evidence presented in the matter and
he/she may also carry out further investigations of the
matter as he/she deems ne,cessary;

368
 _F
I

S.f. 45 of 2Al3

(iv) the Chief Executive/General Manager shall pronounce

hivtrer decision within five working days or lne appeal
and his/trer decision will be regarr{ed as final as far as the
company is concerned;
(v) should the grievant not be in agreement with the solution
as determined by the Chief Executive he/she has the right
of appeal to the National Employment council within
? seven working days.

9. Disciplinary procedure-

Policy:
(i) no disciplinary action shall be taken against an employee until
the
case has been fully investigated. Suchlnvestigations
must not take
longer than 14 working days;
(ii) before an employee can be held accountable for breaches of rules
and regulations, he/she must be made aware of them;
(iii) all disciplinary procedures shall be conducted fairly and with
consistency. They should also be conducted expeditiously. Dismissal
procedure must not take longer than 30 days, i.e., from the date
investigations commence until such time us titr employee is served,
in writing with a letter informing himlher the verdict; -
(iv) the employee concerned shall be advised of the nature of the
offence
alleged against him/trer and shall be given the opportunity to state
his/her case before any decision is mate;
(v) an accurate record, on appropriate form, acknowledged
by all parties
involved, must be completed for all disciplinary cases;
(vi) an employee shall have the right to appeal against any
.? penalty. disciplinary
J

Procedure:
A Informal warning (verbal)-
(i) a ve$al warning is given by the immediate superior
where a. departure
from desired standards has occurred; ^
--

(ii) the employee concerned should at this point be advised that

formal
warnings and disciplinary action could follow if the warning was
ignored;
(iii) where necessary, colrective action in the form of guiclance
follow up
and training should beimplemented. It mustbe noted
that the employee
does not need to sign hisArer name anywhere. The
tupr*iro, *rrrty
records the date the verbal warning was given for recbrd
purposes as
well as tracking purposes where rouns.Iing is involved.

369
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collective Bargaining Agreement: Construction Industry

B. First written warning (valid for 6 monthsF

^?

Stage One: Immediate SuPerior-

(i) the immediate superior will record in writing on a- disciplinary
warning form an account of the incident or situation that gave rise
to the warning;
(ii) the immediate superior will read and explain the contents of the
warning to the emPloYee;
(iii) the ernployee will then sign the disciplinary warning form to indicate \E-
that he/she understands the contents;
(iv) if the employee feels aggrieved by the decision of his/trer immediate
superiot, tteirtte may ippeal in writing to the next in line superior.

C. Seconrj./Final Warning (Valid for 1? months)-

Stage Two: DePartrnent Head-
(i) tojustify second or final warning
any incident/situation which appears
witt be reported to the Department Head;
(ii) rhe Departmenr Head will inform the chief ExecutivelGeneral
Manager or his/her Appointee and the workers' representative
of
the proPosed disciPlinary action;
(iii) in the presence of the workers representative, the second/final
rvaming
and the reason and justification for the warning will be read
out to the
ernployee concemed ancl disciplinary action to be taken according
to the section of the code of conduct, the details and penalties;
(iv; the employee will then sign rhe disciplinary warning to inclicate
that
he/she understands the cotrtents;
(v) an ernployee aggrieved by such detennination has the right to appeal
ta the btrief nxecutive/General Ivlanager or his/her Appointee within
five working daYs.

Appeals:
Stage Three: Chief Executive/General Manager or Appointee-
(i) where an ernployee is not satisfied with the decision arrived at by the
ut i ve/
He acl gf Department, the employ e.e m ay app-e al to the Chief Exec
General Minager of the company within five working days;
(ii) rhe Chief Executive/General Manager or hisftrer Appointee shall
review all the evidence presented in the matter and may also carry out
such further in'vestigation of the. matter as he/she deems necessary;
(iii) rhe Chief Execurive/General Manager or hisftrer eppgintee shall
pronounce his/her decision within tluee working days of the appeal;

374
 S.I. 45 of 2013

(iv) an employee who is not satisfied with the clecision of the Chief
Executive/General Manager or his/trerAppointee shall have the right
to appeal to the National Employment Council within T working
di'ys
of receipt of such decision.

10. Dismissal hocedure-

Policy
(i) dismissal for serious misconduct will only take place where
? management in good faith cannot take any othrr action;
(ii) dismissal shall not be arbitrary but witl be done only afrer
the due
process has been concluded;
(iii) management shall be entitled to.withhold any monies normally
due
to the employee on nonnal termination of service against
any lo*res
sustained as a result of his&er serious misconduct;-
(iv) management shall have waived its rights to dismiss for serious
misconduct if such action is not taken within seven working days
of finalisation of the disciplinary decision;
(v) an employee shall have waived his/her rights of appeal against
dismissal for serious misconduct if he/sh* hur not appialed within
five working days to the Chief Executive and withiniiu"n working
days to the National Employment Council;
(vi) an employee shall have rvaived his/her rights to reinstatement
if he/
she fails to report feir duty within seven working days of
receipt of
such cornmunication;
ivii) an employee orr being dismissed for serious misconduct shall
be
entitled to receive upon request at the time of termination, a
certificate
specifying the datei of ffislher engagernent and terrnination
and the
type of work on which hershe wai employed;
(viii) the employer is obliged to serve the employee with rhe record
Y proceedings at the same time that the employee is served
of
with the
dismissal letter
(A) DisciplinaryComrnittee
(i) any incidentsituation which appear$ to justify dismissal will
be
reported to the depaftmental head i
(ii) the departmental head will inform the Chief Executive/General
Manager who will convene a Disciplinary committee.
(B) composition of Disciptinary committee
(i) there shall be established a disciplinary committee for each work
place composed of equal members of worker represeniatives
and
management representatives of up to a maximum of
four from either
37r
 Fq'

Collective Bargaining Ageemenfi construction Industry

party. Unequal numbers means there is no quorum hence the hearing

shall not Proceed;
the disciplinary commiuee dhail be chaired by a member from
the
(ii)
management (provided he/she is not from the same department'as
the accused) *tto in the event of equality of votes, the chairperson
shall exercise a casting vote;
(iii) the accused employee shall be entitled to representation by a
workers
committe" mrmb"r or a fellow worker or trade union representative
or legal practitioner of his/trer choice;
(iv) have
the accused employee shall have the right to call witnesses and
them cross examined;
(v) the Disciplinary Committee shall prepare a written record
ofproceedings'

(C) Verdict
pronounce the
(i) the Chairperson of the Disciplinary Committee shall
verdict;
(ii) if the employee is found not guilty, the acquittal shall be recorded
and refleited on the employee's file;
(iii) if rhe employee is found guilty, the chairperson shall be called upon
to state all the facts upot*uhi;h the verdict is based,
record the same
and have thi.s reflected on the employee's file;
(iv) rhe employee shall be advised of rhe penaltl i1 writing
within seven
working Ouyr of the finalisation of the disciplinary proceedings;
at its discretion and dependent upon t!* facts as estabtigne^d
(v) in each
individual case, the Disciplinary Committee may impose the following
penalties as an alternative to dismissal:
1' orone's sross pav ror
;#i:t3iJ.ll,il',fr"ff*ffi ,"'o
demotion with pay equivalent to the next lower grade for
a
Z.
Period not exceeding six months;
3. suspension without pay for not more than one month.

11. Appeals to The Chief Executive/General Manager-

at by
(i) where an employee is not satisfied with the decision arrived
the Disciplinary-Co**ittee, the employee m.ay appeal to-the Chief
Executiu"/Grnlral Manager of the company within fi ve working days ;
(ii) the'Chief Executive/General Manager or his/her Appointee shall
review all the evidence in the maiter and proceed to make his/
her decision on record. Helshe may also carry out such further
investigations of the matter as he/she deems fit.

372
 S.I. 45 of 2Al3

(iii) the Chief Executive/General Manager or his/her Appointee

shall
pronounce his/her decision within three working days
of tn. upprut.
(iv) An employee who is not satisfied with the decision of the Chief
Executive/Gen:yl lvlanager or his/her Appointee shall have the right
to appeal to the National Employment Council within seven
worklng
days of receipt of the decision.

12. Definition of offences-

1 ' unlawful,g-gllective job action means-collective job action in
contravention
of Parr xln of the Labour Acr {chapter 2g:01),;
ry
2' council means the National Employment Council for the
Construction
Industry;
3' employer any person whatsoever who- employs or provides work for any
person in the construction-industry and ,..unltates-oi
.*p..rrly or tacitly
undertakes to remunerate himself/herself, including the
**nug.r, agent or
representative of such person first referred to, who in
I charge or in control
of the work upon which such second person referred to is"employed
and
shall include a self-employed person oi working employer;
4' gambling means indulging in any game played for money or any other
benefit;
5' indiscipline and disorderly conduct me_ans any failure or refusal
to carry out
an instruction without a lawful cause, failure io.o*ply with
standing iules
or instructions or to follow established procedures (including
the procedures
of this Code); the utterilg of any woids or rhe publication of any *ordr,
abusive or otherwise indicating ha0e, ridicule or contempt towards any
person or group or race' tribe, religion or sex; insolence
towards a superior
by act, words or demeanour, conJtituting insubordination, threatening
or
attempting to do bodily harm to anothet person whether or not
such atteirpt
is successful; engaging in or inciting others to engage in
disorderly behav-
iour on company premises, whether or not damagJis caused
to Jo*p*v
premises and property or any other person's property
v properly;
or capacity to wori<

6' negligent perfonnance of duties means the failure to

exercise due care and
attention in the discharge of duties;
7. offence means an offence specified in the schedule;
8' riotous behaviour gngaging, or inciting one or more persons
to engage, in
violent behaviour, in concert against tfie e*ployer or any
- other person or
group of persons;
9' victimisation: Treating. an employee, or fellow employee,
less favourably
than his colleagues without valid reason.

373
 collective Bargaining Agrcement: construction Industry

time:
10. late arr.ival for duty/work: failrrr* to be at one's work at the stipulated

11. incompetence persistently carrying out unsatisfactory

work;

12. inefficiency: inability ta rlo one's wodi with the level of skill and speed
job;
which *ouid be reasbnably expected of an ernployee qualified for the
13. clock watching: abandoning work before knock off time
even where there is
no othe, *orkio do, unlesJprior pen'nission has been obtained from one's
immediate suPervisor;
14. absence withgut leave: taking time off without authorised leave or withotrt
being granted leave of absenle. The ernplol'ee may however be excused
if
he/she oft-ers e rcasonable excuse for sueh absence:

15. absence from specific place of duty: wandering off from one's wor* station
at
witirout permission or reasonable excuse when helshe should he present
his/her place;
16. improperly calling a meeting: calling a rneeting during working hours
without following agreed procedures'
. drunksnness: To be uncJer the influence of liquor or drugs
during working
17
hours;
ro perform a eontractuai r.luty: \L/illF"rlly and intentionally
deciining
1g. refusii:g
part
to perf** uoy of those duties, which he/she is bound to perfcnn which
are of or incrdental to the job he/she is ernpioyed to do;

19. doing pr:ivate business or work cluring warking hours: Where an employee
the work hrel
devotes trislher time to do his/her own private business and not
private business
she is employed to da cluring working hours.-\fohether such
is for gain or not" an employee *utid*sist from such actions:
to be awake.
20. sleeping on duty: failure to remain awake when one is supposed.
if the job involves security or operating a moving
The offence is iggravated
machine;
conduct;
ZI. disrespectful concluct: degrading any person in authcrity by words or
22. intimidation: using threats so as to prevent or obstruct another employee
from performing fieir duties. It also entails using unlawful norms in order
tG compel another employee to act against their will;
23. damaging property: where an employee damages property without necessity
oriuiiRJutio" or willfully causes dlmage to aly property,, or destroys it or
rvould
throws iiu*uy if useful, or does not carJ whether any such property
be damaged or destroYed;
24. misuse of company property: use of company property for unauthorized
purposes or to remov. iut* from company premises to use for private
purpose without authorisation.

374
 S.I. 45 of 2Al3

25. assauh a physical attack by a person or persons on another person or pers'ons

and includes fellow employees, customers and suppliers on or outside
company premises. Assault includes pushing, pulling, butting, slapping,
shoving, feigning a blow, kicking and a threat of the use of force and is
aggravated if the assaulted person is a superior;
26. fighting: this is an exchange of blows between or among employees on
company premises or at company functions even outside working hours or
company premises;
2t. fraud: making a false statement or claim whether in oral or written form and
any false representation by words or conduct in order to obtain materiaV
financial advantage. It also involves the falsification of documentation or
information as part of fraudulent activities against the company or customer/

l- 28.
suppliers/another persCIn and thus causes them loss. Theft, dishonestly taking
property belonging to the employer or another employee or customer/supplier
with the intention of permanently keeping the thing taken or to dispose of
it as his/her own property;

embezzlement: conversion of company property or funds to one's use,

which proprerty would have been received by himselflherself on behalf of
the employer;
29. earnrption: involves receiving/giving/soliciting bribes or extorting money
in cash or kind or other services in relation to one 's duties in order to gain
favours or influeRce outcomes;
30. falsification of qualifications: giving false or misleading inforrnation before,
on or after appointment to a post within the company on one's educational
qualifications, professional qualifications or work experience;
31. possession of dangerous weapons: being found in possession of weapns
which have the potential to injure or harm other people or property without
special perrnission from the employer;
32" sexual harassment: means behavior that abuses, harasses, denigrates,
ridicules or offends another employee because of his/her sex. It involves
but is not limited to unwanted, unwelcome, unsolicited sexual advances,
contaets or cCImments, which include deliberate or repeated sexual gestures,
sounds, pictures, Frnographic material in the workplace. It can be verbal,
non verbal or physical;
33. driving without a lieencelauthority: driving any vehicle belonging to the
employer without authority and/or valid driver's licence even where no
' dannag#accident might have been caused;
34. usury: F*erpetrating illegal money lending on company premises;
35. making use of company facilities without permission: Using cornpany
facilities an#or equipment without permission from the employer whettler
for gain or not;

375
 ?'

collective B argaining Agreement: construction Industry

that runs contrary to

36. inconsistent conduct or omission: any behaviour
accepted norms when read with one's contract of employment;

37. possession of illegal drugs: being f'ound

in possession of illegal drugs or
trafficking in illegal drugs while at the workplace. It also includes the act
of controlling, oi*unuficturing, selling, dealing or attempting to do any
drugs which are Prohibited bY law;
so as to
3g. insubordination: deliberate refusal to carry out instructions
misconduct
undermine the authority of one's supervisor or
manager.-T!.
presence of other employees
is aggravated if the refusal is commitieo in the
or clients;
any other benefit on
39. gambling: indulging in any game played for money or
the emPloYer's Premises;
should
,10. loafing: spending time idly or hanging about doing nothing when one
be working o*o".iulirlng ut lengtf, *ittt another employee, guest or member
of the public;
property:-any loss or damage
4I. failure to report loss or damage to employer's
,"ported iorthwith whether or not such loss/
to employer,s property must 6*
beer, .u.'rr"d by the emproyee concerned directly or indirectly;
damage has
act or omission in which the
42. discrimination: discrimination involves any
of an individual employee or gro.rp of employees is less favourable
treatment "or
than anorher on rhe grounds of gender,
"*prof"./group race, "*floyles
triLe, place of origin, political opinion'
pregnancy, HIV/AIDS status,
to:
colour, cieed or any other characteristic in relation
the advertisement for emPloYment;
the recruitment for emPloYment;

s ar arie s' pe ns io n s .

n: llln ;:#13:''
"**"ff;l,T
the choice of
"# ",':',i:?'jobs or posts, training, advancement
persons for
apprenticeship, transfer promotion or retrenchment;
the provision of facilities related to or connected
with employment:
or
anyothermatterrelatedtoemployment.
insulting, demeaning or
43. humiliating/degrading behaviour: abusive, foul,
employee or client and is
obscene acti'ns or utterances against a fellow
aggravated when done against one's superior;
tr:ade '*nion and
44. unjustifiable interference in workers' committee,
to prove that there is
management affairs. This is where one is unable

376
 S.I. 45 of 2013

justifiable/legal basis for unsanctioned involvement in workers' committee,

trade union and management affairs.

LIST OF OFFENCES
PART A:
MINOR
OFFENCES BREACH 2nd BREACH
1st 3rd BREACH 4th BREACH
b, l. Three late Verbal warning Written warning Final written Dismissal
arrivals of and loss of pay and loss of pay warning and loss
10 minutes for work hours for the work of pay ior the
or more within lost in excess of hours lost in hours lost in
a 30-day period 15 minutes excess of 15 excess of 15
without justifiable minutes minutes
cause
2. Incompetence Verbal warning Written warning Final written Dismissal
waming
3. Inefficiency Verbal warning Written warning Final written Dismissal
warning
4. Clock watching Verbal warning Written warning Final written Dismissal
warning
5. Absence fronr Verbal warning Written warning Final written Dismissal
specific place warning
of duty
6. Minor breach Verbal warning Written warning Final written Dismissal
of safety rules warning
7. Leaving worksite written warning Final written Dismissal
or workplace warning
without
permission
8. Improperly written warning Final written Dismissal --
calling a meeting warning
9. Negligent written warning Final written Dismissal
v performance of
duties with minor
warning -
COnSgqsgntat

10. sleeping on duty written warning Final written Dismissal

whe,le no potential warning -
damage, injury or
ioss exists
I 1. Giving written warning Final written Dismissal
unauthorised warning -
press staternents
regardrng company
business

12. Minor damage, written rvarning Final written Dismissal

misuse or loss of warning -
company property.
13. Absence from written warning Final written Dismissal _-

377
 ,r

collective Bargaining Agree.menil constmction Industry

PART A:
MINOR
OFFENCES lst BREACH Znd BREACH 3rd BREACH 4th BREACH

wcrk for less than warning

five ccnsecutive
days without
permission or
reasonable causs.

14. Vic.timisation of
other workers
Written warning Final written
warning
Dismissal \r
15. Disrespectful Written warning Final written Dismissal -
conduct warning

16. Discrimination Written warning Final written Dismissal -

in any form warning
including, race,
religion and sex
t ?. Unjustifiable Written warning Final written Dismissal -
intertbrence in warning
Workers'
Committee or
Trade Union
Affairs

PART B:
MAIOR OFFENCES lst BREACT{ 2nd BREACH 3rd BREACH 4th BREACH

18. Pcssession of Finat writt:n Disrniss'al -

dangerous warning
weapons on
site without
company
approval or
relevant
licerrce

19. Indiscipiine/ Final written Dismissal v'

-
disorderlY waming
*c*rduct
incli:ding
refilsal tnobeY
a lawful order
or instmction
given bY an
ernployer orhis
represens,fltive

2A. Humiliatingl Final written Disnrissal ---

degrading warning
hehaviour
Finat written Dismissal *
2l " Unauthorised
use of company warning
property or plant

3?8
I'
I

S.I. 45 of 2013

PAR'T B:
MAJOR OFFENCES lst BREACH 2nd BREACH 3rd BREACH 4th BREACH

22. Failure to report Final written Dismissal

loss of or damage warning -
to employer's
properfy

23. Use of company Final written Dismissal

vehicle rvithout warning -
b appropriate
driver's licence
24. Dcing private Final written Dismissal
business during warning -
working hours
25. Loafing Final written Dismissal .-
warning

26. Intimidation Final"written l)ismissal --

warning

27. Usury Final written Dismissal

-
. warning

28. Pos$cssion of F'inal written Disrnissal

illegal drugs warning -

PART C:
BREACII
SEAICUS OI'FEI$CES tst Znd BREACH 3rd BREACH 4th BREACH
29" Th€ft or frauC Dismissal
30. Falsification Dismissal
of qualificaiions/
-
documents

3 i. Unlawful Dismissal
callective
job a*tiorl

b 32" Drunk on dut1," Dismissal *

ccewuning liquor
ag srte or under
the intJuence of
drugs during
working lrcurs
33. ivtalicisxr.cdanwge Dis;nissal
ta ernpli:yer"s
prtlperty

3'{. Assault Dismissat

35. Hiotcus $ismissal "-

behaviors
on wark site

i6. e*nsictitln I'f Sismissal *

a eruniriai affe*e*

3?-*
 'r

collective Bargaining Agreement: construction Industry

PART C:
SERIOUS OFFENCES lSt BREACH 2nd BREACH 3rd BREACH 4th BREACH

committed outside
the employee's
emploYment, the
nature of which
affects his
continued
suitability for
employment or
v
his acceptabilitY
to other emPloYees

37. Imprisonment Dismissal

without option
of a fine
38. Negligent Dismissal
performance of
duties with serious
consequences

39. Gambling on site Dismissal

during working
hours

40. Serious violation Dismissal

of Safety
Regulations

41. Sleeping on dutY Dismissal

where potentiaU
actual damage,
injury or loss erists

42. Absence from Dismissal

work for five (5)
or more
consecutive
working days v
without perrnission
or reasonable
excuse

43. Refusing to Disrnissal

perforrn a
contractual dutY

44. Enrbezzlement Dismissal

45. Comrption Dismissal

46. Sexual Dismissal

harassment

47. Insubordination Dismissal

48. Act, conduct or f)isrnissal
omission

380
 S.I. 45 of 2013

PART C:
SERIOUS OFFENCES lst BREACH 2nd BREACH 3rd BREACH 4rh BREACH
inconsistent with
the fulfillment of
the express or
implied condirions
of one's coniract

Duration of warnings
Verbal warnings-no duration
Written Warnings--6 months
Final warnings-l2 months

APPENDICES
Appendix 1: Disciplinary Guideline
(a) There shall be no offence where the employer or employee can show on a
balance
of probabilities that the act or omission alleged or complained of was-
(i) involuntary;
(ii) inevitable or impossible to avoid in the given circumstances which
were beyond the control of the individual;
(iii) justifiable and reasonable in the circumstances.
(b) It shall be a good defense for the employee concerned to show that the act
or omission made and being alleged against him was occasioned by-
(i) conflicting insrrucrions;
(ii) poor and unclear instructions;
(iii) misleading instructions;
(iv) circumstances arising naturally and proxirnately from acts and omissions
of a manager.
Appendix 2: Authorities for disciplinary action
Action Authority
InformalA/erbal warning hnmediate superior
First written warning Imrnecliate Superior
Second/Final written warning Departmenral Head
Dismissal Disciplinary Committee
Appeals Chief Executive/General Manager
Appendix 5: Management guide
Handling _erievances-
(i) put the person at ease;

38r
 r
Collmtive Bmgaining Agrwmenc Construction Industry

(ii) listen carefullY with emPathY;

(iii) summarise the complaint to ensure that you have understood it;
(iv) thank the person for raising the complaint;
(v) if neces$ary apologise;
(vi) state your own position;
defending;
-without
hostility;
(vii)
-without
ask how the person would resolve the complaint;
Y-
(viii) discuss any suggestions;
(ix) state what you will do and when to correct the situation.

Annexure lL (continud)
Sc*renule A

TTIE CONSTRUCTION INDUSTRY OF ZIMBABWE,

CODE OF CONDUCT: WARNING/DISMISSAL FORIV,I

Name of company:

Disciplinar-v action taken:

Address of comPany:

Telephone: ...."...

Name of complainant: Signature of employee: ......

\\torkers commiuee repnesentative' s

Nature of complainr (wtittm

additional
staternenlg and any signatrure:.....-......

information attached): .-....-...:'$.*.'

Designation: """' ""r"""'r'

Managerlsupervisor' s signature: .. .. . .. .. .. -

Fersonrpl ryesentacive' s signaturc: . .. . .. .-" -. -.

;;;;;;; ;;;, :.t:*m":xf#l,: 382

 S.f. 45 of 2Al3

Company Number:........... Labour Officer,s signature ........e ...

Job Title: ............ ......,....... Date and office stamp:..............
Department:..................... .........,.....

Duration of warnings shall be

Verbal wamings-no duration
YVritten warnings__6 months
Final warnings-I2 rnonths
\y
Scnenum B
NATIONAL EMPLOYMEM COUNCIL FOR THE CONSTRUCTIOhI
INDUSTRY OF ZIMBABWE

COMPLAINT FORM
I.. EMPLOYEE

(b) Address:

2.

3.

4.

signature t
" "" "' " "'. "''
;;;;;J*"
383
 r

collective Bargaining Agreement: construction Industry

5. IMMEDIATE SUPERVISOR'S COMMENT

superttisor signature Date

Name af immediate

6. woRKERS COMMITTEE oR woRKS COUNCIL

REPRESENTATIVES
Name Signature Date

'1""'

1. FURTHER INvESTIGATIONS: INVESTIGATIONS DIARY

Date Time Report Signature

3S4
 S.I. 45 of 2013

NATIONAL EMPLOYMENT COUNCIL FOR

THE CONSTRUCTION
INDUSTRY OF ZIMBABWE

Scnrour-e C
NOTIFICATION OF ALLEGATION/INVESTIGATION

To:.
y
(name r*oi,"ir,
"t
From:

(;';,amd;;;;;,,:;:";;;:;o:;;r;,;;r,;,*,0,,,i,*,
You are hereby notified that it is alleged that on ..
. . (date)
You committed the following misconduct in breach
of the code of conduct.

......"...............'...''..'...........................
::
(b,'i,fi), l,'Ji.*, ;; ;'; ;,,, r *, 0 );,,) r,>

would you please provide your response to the aliegations

on the attached form
by..
Iatest
trime)
This notification was served by ..
(Name)

Date: Signature:.....
In the presence of .

{N$me)
Date: Signature: ....

And received by the employee...

Date: c,r ^-^r- ----

Signature: ..

385
 Industry
collective Bargaining Agreement: construction

NATIONAL EMPLOYMENT COUNCIL FOR THE CONSTRUCTION

INDUSTRY OF ZIMBABWE
Scsrnwe D

EMPLOYEES' RESPONSE TO ALLEGATIONS

t o" " ' r " ' r " " " "' o

" "
" " " 't" " " ' " " '
'
t
To: .
"........ " " " ' " "' " ' Y-t
(Name and designation of ernployer rePresentative)

FfOm: ..r........ . . o. . . . . . r. . . . . . . . . . . . . . . . . . . . . .
.............i'r " t" " " " " " " " " " " " " "
(name of emPloYee)

1. I acknowledge receipt of the notincation "tt::::::":::.*.:1T.....

a'r"t""

Z. I hereby respond tc the allegations contained therein

as follows: '"""""'
raaaaal.3..aaat"""'

3. Tfte persons listed below are my rvitnesses-

t t r ''"
r r..... I c t.. t t t i "" " " "" " ' "" '
i.. r r.... t. I o,.... I e c,. e
'. ' " " " " " " " " "
( i) ..,. r.... '

t e t t | t t
. . r . t . I t ' ' r eI eoc+ d ! t 6 t | e
' ' ' ' ' ' ' ' ' ' ' ' ' ' ' '
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' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' '
i 3.
i i I )
o

(iii) !"..,(....,,
4"-.
(i) Signed ...r,rs\,;{*tr.},.cr+r..o,i!i--,4ra.r.Gr.,'c.'.6}"'ir}it"'!€"'!o'st'too"""""""$'}""

iG" r"' G'ocr 4""' c

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v
f,Grt""
(ii) Rgcgivgd.."--- ". ' ? ro" " ' """tD" ""'

(EwtPt*Y e r re frre s e ntat ive')

(iii) Witnessed-"'-...'..';..'+r'" "reo^'

386
 S.I. 45 of 2013

NATIONAL EMPLOYMENT COUNCIL FOR THE

CONSTRUCTION INDUSTRY OF ZIMBABWE

Scnsnum E

APPEAL FORM

38?
 --ry

Collective Bargaining Agreement: Construction Industry

NATIONAL EMPLOYMENT COUNCIL FOR THE CONSTRUCTION

INDUSTRY OF ZIMBABWE
Scsrpuls F
WARNINGFORM

To be used in cases where it is deemed necessary to record a warning. The

employee must be informed of the category of the warning, and that it will be
v
filed in his Record of Service in the Human Resources Department.

(Mark appropriate block with an "X')

First
Second .......

Final
Employee's name. ID'No
(a)
i::::*t*.1='...............,..:::::.:::...........................::"::'.:.:.::::.:.:'.:.:::.:.::

:: ::: ::::::::: ::::: : : : ::::: : : ::: :: ::: : :: : ::

Department Head/Manager' s S ignature

Date
v
(b) Acknowledgement by employee that he/she understands the contents and
implications of the waming.

Employee' s signature .....

Note.--T\is warning will be held on record of service file for a period cf three/
six/twelve months, after which it will be removed and destroyed.
Distribution: Original to ernployee
Copy to Human Resources Department

388
 S.f. 45 of 2Al3

NATIONAL EMPLOYMENT COUNCIL FOR THE

CONSTRUCTION
INDUSTRY OF ZIMBABWE

Scuenur-r G
NOTICE TO ATTEND A DISCPLINARY HEARING
From: Human Resources Departrnent
Date:

To:. ID No:
Designation:

Department:

Notice is hereby given to you to attend a disciplinary

hearing as specified below:
Time:

Date:

Venue:

Reason(s) for the hearing...

....q..

hz A4B' You have the right to have representatives and

witnesses of yourchoice at
the hearing if required. we aclvise that you
liaise r,vith the workers committee
so that necessary arrangements can be macle
with t}le respective superiors for
their release.

Notice served by:

Name:
Signatnre: .
"

l)ate:

j8S
Collective Bargaining Agrwmenfi Construction Industry

390
 S.I. 45 of 2013

Axxsxunn 12

(Clause 17)

NATIONAL EMPLOYMENT COIINCIL FOR THE CONSTRUCTTON

INDUSTRY OF ZIMBABWE
EI\{PLOYMENT AGREEMENT FORM

Memorandum of an Agreernent entered into between:.......

\-
of "..
(hereinafter referred to as the "Ernployer" af the one part)

And

oI ..

{hereinafter referred to as the "employee" of the one part)

1. It is hereby agreed that: The employer shall employ the Employee and
the Employee shall serye the Employer as-

r 1 (i;;;;,;"r':;;;;;;;;;;;;;
1.2 At . .......
(Location)
I "3. For the purpose of .. .,......
(Nature of work to be performett)

2. Duration of employment. Set outhereunder is the Duration ofEmployment

Agreement between the Employer and Employee

2.r rhe Employee rvill initially be emplol,ed from the: ..

day of ZA..

2.1.I Either Party may, during the Probationary Period terminate

this Employment Agreement, by giving one (l ) day's Notice

2.1.2 After satisfactory completion of the Probationary period:

39r
 Collective B argaining Agreement: Construction Industry

2.2 The EmPloYee:

2.2.1 Will be employed for a period starting on the
day of 20 ..
and terminating on either: the ""' dayof
20..
or
Employee
at such time as the work as described in 1.2. and 1.3. for which the
has been engaged, has been completed'
If the Employer is unable to determine when the employment will be terminated,
the Employee will be employed as per section 3 below:
3. Termination of EmPloYment
3. I Any termination of employment will be carried out in accordance with
theielevanr Clause in ihe current Collective Bargaining Agreement.
3.2 Disciplinary measures will be carried out in accordance with the
procedures outlined in the industry's Code of Conduct in terms
of
the .utrent Collective Bargaining Agreement.

to inform in writing on

(a)
(b)
(c)
(d) The period of notice required to terminate the Agreement of
Employment where aPPlicable in accordance with Statutory
Instrument 82 of 1992, Clause 28.
(e)
(0 Details of any bonus or incentive production scheme in operation.

(g) provision of Health and safety awareness pamphlets/regulations ...

(h) The nature and duration of any annual shutdown and leave
entitlement:
(i)

392
a

I
fr
ii

S.I. 45 of 2013

0) Vacation leave
(k) The obligation to abide by the Industry's Code of Conduct.
This Agreement Form protects the rights of both parties and is not an
instrument of discipline nor a mechanism to legiti mize poor employer practice.
To this end, no employer shall require an Employee to sign more than one
Employment Agreement Form on any single site unless any of the following
\' conditions apply:-
(a) there is a change of occupation, an upgrading or promotion;
(b) there has not been a break in continuity of employment and the
requirement for a subsequent form has arisen from a transfer to
another site and back;
(c) a period of 60 days ormore has elapsed since the previous Employment
Agreement was terminated.

Signed by the Parties.

"':l':::::
;;;;;;;;R:;;;;:;i,,*it ,

As witnesses:

i*i,*;;;

\,

393
 r

Supplement to the Zimbahtvean Goventment Gazette dated the l2th April, 2013.
Printed by the Government Printer, Harare.

394