The Council sets up a forum where discussions and negotiations can take place and where collective agreements can be developed. Once such an agreement has been reached, our task will be to ensure that the agreed terms of employment are applied fairly and impartially. The Council`s duties are, in accordance with the HCSBC Constitution, as submitted to the Clerk of the Labour Relations Department in accordance with Section 30 of the LRA. Some of these functions are: 5) to act as a mediator in all wage negotiations between the parties to the Board and/or in all negotiations between the parties on any changes that may be necessary to any of the aforementioned collective agreements. It should be noted that the agreement obliges employers who have not yet been taken care of by the Council to pay their employees, by 30 June 2020, an „ex gratia“ bonus equivalent to 5.5% of the minimum wage set out in the agreement. This ex-Gratia payment should have been paid to the Council by existing members in November 2019 and should not be repaid again if this obligation had been met. Employers who are unable to comply with the provisions of the collective agreement must apply for an exemption under Section 18 of the contract and should receive feedback on whether or not to grant an exemption within 30 days of submitting the application. The agreement, which will enter into force on 22 June 2020 and remain in force until 31 December 2020, includes a wide range of employment conditions that employers must meet, including the minimum wage for their workers, the maximum working hours and how the institution should be managed. On June 2, 2020, the Minister of Labour, Thulas Nxesi, signed the renewal of the consolidated collective agreement for the national collective agreement for the hairdressing, cosmetology, beauty and skin care industries to non-parties. This agreement is now mandatory for all employers in the hairdressing, cosmetics, beauty and skin care industries in South Africa, whether or not they are part of the bargaining board. This is your bargaining advice and we are here to encourage collective bargaining in your sector, the conclusion and application of collective agreements, the prevention of disputes (or, if they cannot be avoided, a speedy resolution of disputes) This main collective agreement applies to party members (member of the EOHCB for legitimate employers or owners and member of the UASA for workers). This agreement will then be extended to non-parties in the sector by the Minister.
In accordance with the published agreement, this extension to non-parties came into force on last June 20. As a result, the new rules and royalties applied to all non-parties in the sector as of July 1, 2020. These wage increases and bonuses are mandatory for all employers, although the hairdressing and beauty industry has not been active since the blockade began on 26 March, and there is no indication to date when they will be able to resume. In September 2019, the parties (EOHCB and UASA) reached a new agreement that was submitted to the Ministry of Labour for review, approval and signature by the Minister. There were delays from the Department of Labour, and then there were Covid-19.