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:
(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.
(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
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.