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Section 27 of the Labour Relations Act enables employers and employees in a trade or sector to establish a Bargaining Council. A Bargaining Council offers an opportunity for self-governance by a trade or sector and enables the employers and employees to determine conditions of employment, policies, and practices best suited for that trade or sector.

The conditions of employment, policies and practices negotiated by the parties are encapsulated in the Bargaining Council Collective Agreement. The Collective Agreement is submitted to the Minister of Labour and once approved is published in a Government Gazette, which means is legally binding on all employers and employees within the trade or sector, operating within the geographic area covered by the Bargaining Council.

The Cape Hairdressing Bargaining Council was established in 1945 and the parties to the Council are the Employers’ Organisation for Hairdressing, Cosmetology and Beauty (EOHCB) and the United Association of South Africa (UASA).

Every year the parties each nominate six representatives to serve on the Bargaining Council. The Bargaining Council is the decision making body and employs staff to execute its decisions and ensure that employers and employees are complying with the provisions of the Collective Agreement

2011/2012 Office Bearers

Employer representatives
Melanie Botes (Vice-Chairperson)
Sharad Chagan
Cobus Grobler

 

Employee representitives

Stephen Delport(Chairman)
Dorne' Lawrence
Nazeema Davis

 

Staff

Elouise Nell (Office administrator)

Julia Wagenstroom

Brenda Anthony

Shereen Salie

Zola Amos

 

 

 

 

 

Converting from a non party Shop to a Party Shop.

What is a Party-Shop?

 

A party shop is one where the employer belongs to the employers’ organisation, EOHCB and the employees belong to the trade union, UASA.

 

Membership of EOHCB is voluntary. However, the closed shop agreement applies when an employer joins EOHCB making it compulsory for their employees to belong to UASA. Employers who are not members of EOHCB and employees who are not members of UASA must pay the Agency Fee.

 

Are the Bargaining Council rules and regulations legally binding on non-parties?

 

Yes. The rules and regulations as well as terms and conditions of employment for the Hairdressing Trade are contained in the Bargaining Council Collective Agreement. The Collective Agreement is published in a Government Gazette and is therefore legally binding on party as well as non-party shops.

 

The Labour Relations Act, 1996 makes provision that where party shops are the majority, such as Hairdressing, where they represent 67% of the trade, the Minister of Labour can make the Collective Agreement legally binding on non-parties as well. Application to extend the Collective Agreement to non-parties is made annually and the latest Government Gazette, No. 34159 was published on 1 April 2011.

 

We never have problems at the salon, so we don’t need the employers’ organisation and union!

 

Resolving workplace problems is only one of the many roles and functions of the employers’ organisation and trade union. In a trade where there is a Bargaining Council, representatives from the employers’ organisation and trade union make up the Bargaining Council, which is the body that sets the rules and regulations deemed to be best suited for the trade.

 

The representatives serving on the Bargaining Council act on a mandate from their respective organisations. Therefore, by becoming a party shop, you can give your input and influence the decisions that affect every employer and employee in the Hairdressing Trade.

 

EOHCB can also assist with meeting the various administrative obligations placed on employers such as providing employees with contracts of employment, complying with occupational health and safety regulations etc.

 

Will allowing the union in not disrupt my salon?

 

No. Working with the trade union will actually assist with effectively managing employee issues. Establishing a relationship with the trade union and following proper processes and procedures will enable problems to be resolved internally, at salon level and avoid disputes being referred to outside bodies such as the Bargaining Council, CCMA and Labour Court which can be time consuming and costly.

 

UASA is a trade union committed to promoting labour peace and harmony in the workplace. It is run by officials committed to ensuring the sustainability of the Trade and who know Hairdressing and the unique challenges faced by both employees and employers.

 

UASA also provides additional benefits and the monthly subscription includes a maternity benefit and funeral cover for members, their spouse and children.

 

What will it cost to convert to a party shop?

 

The Agency Fees are equivalent to the employers’ organisation and trade union subscriptions.

 

The EOHCB subscription is R245.00 per salon per month paid by the employer and the UASA subscription is R68.00 per month which the employer must deduct from the employees’ salary and pay over to the Bargaining Council by the 7th day of the following month.

 

Existing employees may OPT OUT from belonging to the Provident Fund. However, joining the Fund must be made a condition of employment for all new employees.

 

However, it is compulsory for part shops to belong to the Sick Benefit and Sick Pay Funds.

 

FOR MORE INFORMATION PLEASE CONTACT

 

EOHCB: Lesley Ann Maree  021 421 3695 Cel: 074 889 1695

 

UASA: Cynthia Mabitle   021 946 1664 Cel: 082 479 7166

 

 

Please note that the Feb 2012 "A" forms are being delayed. Contact the office for any assistance and information regarding your account status.

 

TO ALL EMPLOYERS AND EMPLOYEES,PLEASE ATTEND MEETING 6 FEBRUARY 2012

 

INFORMATION SHARING EVENING WITH DEPARTMENT OF LABOUR

 

Monday the 6th of February 2012 from 18h00 – 20h00, 19 Louis Gradner Rd, 1st Floor, Cape Commerce Chambers, Foreshore.  Please confirm your attendance via email to Elouise@chbc.co.za by 31 January 2012.

 

NEW EMAIL ADDRESS FOR CORRESPONDENCE TO THE BARGAINING COUNCIL

 

From 1 March 2012 the new Email address for the Bargaining Council will be hairdress@chbc.co.za .  

 

CLAIMS TO THE SBF, SPF AND PROVIDENT FUND

From 1 January 2012 only Original documents/Certified Copies will be accepted for all claims to the  

Provident Fund, Sick Benefit and Sick Pay Funds.

 

SICK PAY CERTIFICATES WILL NOT BE PROCESSED UNLESS THE EMPLOYER SIGNS AND INDICATES AMOUNT OF SICK LEAVE DAYS ON THE CERTIFICATE. (NO SALON STAMPS ARE ALLOWED PLEASE).    

 

 Annual Wage Negotiations 2011

 

The annual wage negotiations took place on the 25th of October 2011. The Collective Agreement is extended to non-parties so all employers and employees in the hairdressing trade in the Cape Peninsula is affected and will be bound by the new Agreement, which include:

 

Salary Increases      

· Salary increases by 6% (please see 2012 wage schedule)

Sick Funds and Provident Fund

· Sick Benefit Fund and Sick Pay Fund becomes compulsory for all employees from 1 January 2012, and compulsory for all employers to contribute to the two funds from 1 January 2012

· Provident Fund is compulsory for all salons since 1 January 2011.

·From 1 January 2012 only Original documents/Certified Copies will be accepted for all claims to the Provident Fund, Sick Benefit and Sick Pay Funds.

      

 UASA

      

· Please note the UASA subscription increases to R73.00 per month from 1 February 2012.       

     

EOHCB

      

· Please note the EOHCB fee increases to R270 per month from March 2012

 

Bargaining Council Accounts

 

· For all future Account Amendments, employers need to send a signed written request for the changes including supporting documentation where necessary.

 

Failure To Make Payments To The Council.

 

·   From 1 January 2012 penalties and interest will be charged on all outstanding amounts a person is obliged to pay in terms of the collective agreement and accrues from the date on which the amount was due and payable.

 

New Job Categories    

 

New Categories

   

 Manager:

Employees who are already employed and who are earning less than the prescribed salary may apply for exemption from the prescribed salary which will be phased in over a 3 year period. A Manger Only,means an employee who is not performing the duties of a Hairdresser and who generally performs the duties of a manager including but not limited to supervision of other staff members, and who is responsible for the day-to-day running of the salon, the opening and closing of the salon and cashing up.

 

Stylist Manager:

This is a stylist who also performs the duties of a Manager only. Stylists performing these additional functions will receive an additional R1000,00 per month. The R1000 will not form part of any calculation in terms of commissions earned or targets set in terms of commissions.    

  

New Categories for Special Learning Disability: 

Special Criteria will apply upon registration to these special learning disability employees. Should it be found  by inspection/otherwise that there is non-compliance in terms of the special criteria, such an employee  may have claims to a salary of another job category where the job descriptions are similar or the same.

 

 Entrance Hairdressing:

special needs employee who is being trained to perform the following

duties, general cleaning, sweeping and washing of floors, laundering towels, capes and gowns, assisting the stylists with seating and gowning of clients, shampooing of clients and apply in-salon treatments,assisting the stylists with application of tints, highlights and other colour applications, and who works under the supervision and guidance of a qualified stylist

  

 Skilled Hairdressing Assistant:

A special needs employee who is being trained to perform the following duties, general cleaning, sweeping and washing of floors, laundering towels, capes and gowns, assisting the stylists with seating and gowning of clients, shampooing of clients and apply in-salon treatments, assisting the stylists with application of tints, highlights and other colour applications, assisting hairstylists with blow-drying and flat-ironing, being taught basic cutting skills and performing cuts under supervision and guidance of a qualified stylist.

  

   

 Please note:

Special criteria will be applied to these special learning disability's as stated above namely:

a) A report from a registered school must provide proof that such an employee has special learning disabilities and will be unsuccessful in attending a tertiary institution.     

b) A special registration with the Bargaining Council must take place and must be confirmed at a Bargaining Council Meeting

c) The salon intending to employ such a special learning employee must be registered with the Bargaining council

d) The employer must undertake to train the employee, as per the definition of the employee category, and must supply a yearly assessment update form to the Bargaining      Council.

e) A copy of the employee's contract of employment must be submitted with registration

f) The age limit to such an employee will be 21 years of age and proof of identity of such employee must be provide

g) The performing of the functions of these special learning ability employees must always be performed under the supervision of a qualified hairstylist and must be recorded

  h) Proof that there is a Qualified Stylist employed by the salon

 

Should it be found by means of an inspection or otherwise, that the employer is not conforming to the above regulations, such an employee may have claims to a salary of another job category where the job descriptions are similar or the same.

 

Please request a Special learning disability registration form from the Bargaining Council.