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:
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.
(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.
(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.
(a) His minimum rate of pay shall be R193 per month
(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 mines expense.
(e) Subject to the rates of pay mentioned above, he shall be paid at the prevailing mine rates of pay for a full days 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 days 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.