18 March, 2013
APPLICATIONS FOR MINISTERIAL DETERMINATION I.R.O. NEW FORESTRY MINIMUM WAGE - CUT-OFF DATE 1st APRIL 2013
find hereunder a response to our queries from Mrs Bergmann from DoL
regarding the above. Her email, received this morning, sets out in
plain English what documentation applicants need to provide the
Department for their application to be considered. She has also
attached certain documents referred to in her email to assist those
wishing to make an application.
What is not covered in the email below but which I confirmed when I spoke to Mrs Bergmann today, is the following:
- Employers who apply for a variation must provisionally pay at least
that rate provided for in the "old" determination - i.e. the current
wage of R65.94 per day (if 9 hours per day) + the CPI for the lowest
quintile + 1.5% from 1st April onwards until they have heard
if their application has been successful or otherwise. This equates to a
combined increase of 8.4% (CPI for lowest quintile for Jan 2013 of
6.9% + 1.5%) or a provisional wage of R71.48 per day. Should the
Department subsequently decline an employer's application, the employer
is liable for any "back pay" owing.
can be made by post, fax or email. If using email (which is advised),
you can send your application directly to Mrs Bergmann at firstname.lastname@example.org.
date of application is the date that it is registered/received by the
Department. Should any outstanding information not have been received by
the 1st April, the Department will automatically reject the application.
the above circumstances, members wishing to make such an application
are advised to do so without delay and to ensure that all the necessary
documentation is provided in the first instance.
SECTORAL DETERMINATION 12: FORESTRY WORKER SECTOR, SOUTH AFRICA APPLICATION FOR MINISTERIAL DETERMINATION
to vary prescribed wages in the forestry sector must be lodged before 1
April 2013 and must contain the following information:
- A completed and duly signed BCEA 6 application form with a clear indication of affected employees;
- Abridged financial information (Pro-forma attached)
of Financial Performance for previous 2 years with necessary notes to
explain financial data(Detailed Income Statement)
- Statement of Financial Position for previous 2 years with necessary notes to explain financial data (Detailed Balance Sheet)
of any consent to the application by the registered trade union(s) in
terms of section 50(7) (a) must be attached to this form.
letter from the union or in the absence thereof, a sworn statement
stating that none of the
employees in respect of whom the determination
is to apply belongs to a registered union; and/or
no consent is obtained, proof of service on registered trade union(s)
and proof of reasonable
steps to bring the application to the notice of
employees must be attached.
c) A letter of approval with names and signatures of employees whom the determination is to apply.
- A list/sheet revealing individual employees with their current hourly rates and number of hours worked (wages register); and
- Project plan (attended projections of meeting the prescribed conditions by March 2014).
- Number of ordinary hours worked per day/per week
Download the original Word document: FORESTRY - FINANCIAL DETAILS
Download the original Word document: APPLICATION - MINISTERIAL DETERMINATION - FORESTRY
Download the original Word document: BCEA 6 NEW
Deputy Director : BCEA Admin
Labour Relations: Employment Standards Directorate
"Protecting vulnerable workers"
Tel: +27 (0)12 309 4140