WENELA

PROVISIONS AND CONDITIONS OF CONTRACT

The workers from Mocambique may be employed only on mines affiliated to WENELA, hereinafter called "the Company", after entering into a contract duly approved by the Secretaria de Estado do Trabalho hereinafter called Secretaria de Estado do Trabalho, on the terms and conditions set out below:

  1. Each worker, at the time of recruitment, shall be entitled to delete from the list of members of the Company up to three mines to which he does not wish to be allotted and the Company shall accept his wishes in that regard.
  2. Any worker rejected as unfit for employment on the mines prior to his commencement of work shall be returned to his place of recruitment at the expense of the Company. Any worker who becomes unfit for employment during his period of service shall be repatriated by the Company at the mine’s expense.
  3. The contracts of employment shall be for a period of twelve months (313 shifts worked) but workers shall be entitled to enter into new contracts, or extend or renew their contracts for a further period or periods not exceeding six months. The maximum period of service shall not exceed eighteen calendar months.

    The period of contract is calculated from the date of arrival on the mine and the period of extension from the day following the one on which the initial contract expired.
  4. The Company may in its discretion and in response to a request from the worker, advance to the worker, prior to his departure from Mocambique, an amount not exceeding one month’s wages, which amount shall be recoverable from his wages within the first six months of employment.
  5. On completion of six months’ employment an amount equivalent to sixty per cent of the net earned wages of the worker thereafter shall be retained for payment in Mocambique in one or other of the following ways:-

    (a) by allotment to a named relative as periodical payments - such periods not to exceed three months.

    (b) as a deposit to a savings account in the name of the worker.

    (c) in full to the worker on his return to Mocambique.

    The decision as to which method is to be adopted shall be made by the worker at the time of contract and may not thereafter be varied, except by extension or renewal of the same contract.

  6. The cost of repatriating the worker from his place of employment to the border of Mocambique shall be borne by the Company.
  7. Any compensation money due to a worker for injuries or disease contracted during his employment shall be paid in the presence of the Delegate of the Secretaria de Estado do Trebalho or one of his legal Representatives in the following manner:

    (a) Where the amount exceeds R200, ten per cent will be paid to the worker in cash;

    (b) where the amount is more than R20, but not exceeding R200, R20 will be paid in cash to the worker;

    (c) where the total amount of the compensation is R20 or less, the whole amount is to be paid to the worker in cash.

    When the amount of compensation awarded to a worker in terms of paragraphs (a) and (b) includes fractions of a rand, such fractions (cents) will be ignored for the purpose of calculating percentage to be paid to the worker in terms of paragraph (a), or for the purpose indicated in paragraph (b), but should be added to the amount to be paid to the worker.

    The balance shall be paid to the worker on his return to Mocambique through the authorities. In the event that the worker has returned home before such compensation has been paid, the total amount shall be paid to the Delegate of the Secretaria de Estado do Trabalho for transmission to the worker at his home.

  8. All assets in the estates of deceased workers together with any compensation money that may be due shall be paid to the Delegate of the Secretaria de Estado do Trabalho, acting as representative of the Secretaria de Estado do Trabalho, through the Bantu Affairs Commissioner of the district in which the Mine on which the worker died is situated.
  9. Mocambique workers engaged for employment on affiliated mines shall not be liable for any direct taxation in the Republic of South Africa.
  10. Notwithstanding the provisions of their countries, Mocambique workers shall not be treated less favourably than South African workers employed on the same kind of work, especially in regard to remuneration, food, accommodation, clothing, hours of work, overtime, rest periods, injuries sustained and occupational diseases contracted in the course of their employment, apprenticeship and professional grading.
  11. In addition to the above specific requirements, the following further conditions apply to the employment of a worker from Mocambique:

    (a) When called upon to do so by the Company and if passed as medically fit for mining work, to be registered for, and immediately to enter upon, mining work (underground or on the surface as may be required) in the service of any member of the Company for a period of 12 months worked to the best of his ability, at the rates of wages set forth hereunder together with food and prescribed by law, medical attention and quarters free of cost to himself.

    (b) Upon the completion of the aforesaid period of 12 months worked, and if he does not then desire to return to his home, he may re-engage for further mining work only with a Member of the Company for such further period or periods which together with his initial contract, shall not exceed 18 calendar months computed from the date he arrived on the mine at the commencement of his contract.

  12.  

    (a) His minimum rate of pay shall be R193 per month underground.

    (b) Upon the completion of his contract, he shall be handed a certificate which will record -

    (i) The basic rate of pay he was earning at the termination of his contract, provided he has completed 270 shifts of continuous underground employment during his contract, and
    (ii) The amount of any service increment earned by him prior to the 1st December, 1962, to which he is still entitled.

    (c) If he returns to Mining employment with a Member of the Company who is willing to accept his services, within a period of six months from the date of his discharge, his commencing basic rate of pay shall be that referred to in Clause 12b(i) above, plus the service increment, if any referred to in Clause 12b(ii) above, as recorded in his certificate.

    (d) If he is found to be unfit for underground work, he shall, if considered fit for such work, be employed on surface at the surface rates of pay with a minimum of R162 per month, or, it either he or the mine so desires, he shall be repatriated at the mine’s expense.

    (e) Subject to the rates of pay mentioned above, he shall be paid at the prevailing mine rates of pay for a full day’s work of an able-bodied adult according to the accepted standard of the member employing his services.

    (f) For the purpose of these conditions underground work shall mean work performed below the collar of any shaft.

    (g) His is required to work on every working day on day or night shift, on piece-work or day’s pay, at the option from time to time of the Member by whom he is employed, and when called upon, to work on the Day of the Covenant, Christmas Day, Good Friday and on Sundays, on work authorised by the Government of the Republic of South Africa. In addition, he is required to do overtime work as and when required.

    During any period in which the member shall be prevented from furnishing work for him, owing to act of God, vis major, flooding, fire, strike of workmen, accident to mine or to plant, or other cause beyond the control of the member, he shall receive half pay calculated on the average pay earned by him during the preceding three months or during such shorter period as he may have worked prior to cessation of work.

    During the period in which the Member is prevented from furnishing work for him for any of the causes contemplated in the preceding paragraph hereof he may be put to any class of work underground, or surface, for which he is medically fit, irrespective of the class of work he was engaged for or was performing at the commencement of such period or during the time thereof, and he shall be paid the mine rates of wages in respect of the work to which he is so put, provided such pay shall not be less than half pay referred to in the preceding paragraph. Any work to which he can be put shall be calculated towards the fulfilment of this contract. After a period of 30 days either party shall have the option of cancellation of contract.

  13. The Employee agrees to participate in and contribute to any compulsory industry insurance or other Scheme, if eligible to do so.