Disclaimer

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Disclaimer

This mobile application is provided free of charge to all users within the Road Freight and Logistics Industry as a value added service.

Wherever the information listed in this application differs from the original source document (e.g. the "Main Agreement"), the provisions of the original source document will prevail.

The NBCRFLI will at all times endeavour that all information contained in the mobile application is correct and up to date, however the NBCRFLI will not be held liable by any party in the event of erroneous, inaccurate and or outdated information published in the mobile application.

Query

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I have a query

It is important that all our members understand the way in which we function as well as the services that we provide. If you have a query about one of our service offerings, please go to our frequently asked questions page to see if you can find the answer there. Failing that, please make use of the query form below to pose your question to us.

Please note that should you have a query related to the Provident Fund, please call the Provident Fund Call Centre number on 0861 735 473 or go to www.rflipf-sanlam.co.za.

Make sure you fill in all the relevant fields. If you are an employer, please fill in your company’s levy number whereas if you are an employee, fill in your ID number. As part of our value-add service offering to our members, we assure you that you can expect an answer to your query within 3 working days.

Please note that when lodging a query, your contact details automatically become a part of the Council’s communication database so that we can send you Council-related news. Should you wish not to receive this news, you will be given an option to opt out.



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About Us

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Background

The organisation that is today known as the National Bargaining Council for the Road Freight and Logistics Industry (NBCRFLI) has been in existence since 1946. It has, over the years, undergone a number of changes primarily in accordance with the laws of the day.

Today

The Council is governed by the Labour Relations Act of 1995, which allows for employer and employee organisations to establish a bargaining council for an industry and area. Through collective bargaining, trade unions and employer organisations, which are party to the Council, are able to negotiate matters that are of mutual interest to the Road Freight and Logistics Industry. This approach allows for better regulation of matters which affect the Industry as a whole, thereby enforcing minimum standards and conditions of employment within the Road Freight and Logistics Industry, which ultimately contributes to labour stability. The Council also supports its members through managing the Industry's annual leave, sick leave, holiday bonus funds, and by providing health and wellness as well as dispute resolution management services.

Parties to Council

Employer's Organisation
Tel
Road Freight Association (RFA)
National Employers' Association of South Africa (NEASA)
Trade Unions
Tel
Motor Transport Workers' Union (MTWU)
Professional Transport and Allied Workers' Union (PTAWU)
South African Transport and Allied Workers' Union (SATAWU)
Transport and Allied Workers' Union of South Africa (TAWU)

What we do

We oversee the overall funds and benefits administration, compliance, enforcement and exemption of the various Collective Agreements that govern the NBCRFLI. This includes the following activities:

  • Agreement Administration
  • Funds Administration
  • Enforcement
  • Disputes Resolution
  • Wellness Services
    • NBCRFLI Health Plan
    • Trucking Wellness
  • Exemptions

Definitions

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SCHEDULE 2: DEFINITIONS

Key Terms

Unless inconsistent with the context, any word or term used in the Main Agreement which is defined in the Labour Relations Act. 66 of 1995, has the same meaning as In that Act, and - "Act" means the Labour Relations Act, 66 of 1995;

"compressed working week"
means a compressed working week referred to In clause 8;
"Council"
means the National Bargaining Council for the Road Freight and Logistics Industry;
"day"
for the purposes of calculating a night-shift allowance, means a period of 24 hours from midnight to midnight, and In the case of a normal working day or of an employee who works shifts, it means a period of 24 hours reckoned from the time work commences
"drive" includes -
(a) all periods of driving (b) all periods during which the driver of a motor vehicle Is obl/ged to remain at his or her post in readiness to drive; and (c) any time spent by the driver in connection with the vehicle or its load; 'emergency services" means any work which, owing to unforeseen causes such as fire, storm, accident, acts of violence or theft, must be done without delay and includes - (a) work essential for the maintenance of light, power or water supplies or sanitary and telephone services; (b) the transportation of machinery or any other thing to prevent any serious disruption In any undertaking. sector, trade or occupation, including transportation for the SA Police Service or for purposes of national defence; (c) completing the en route transportation and unloading of perishable products to prevent spoilage;
"driver"
means an employee who is engaged in driving a motor vehicle;
"employer"
means any person (excluding an owner driver)- (a) who employs or provides work for any other person and who remunerates or expressly or tacitly undertakes to remunerate that person; (b) who permits any person to assist them in carrying on or conducting their business; and "employ" and "employment" have a similar meaning;
"establishment"
means any premises on or in connection with which one or more employees are employed in the Road Freight and logistics Industry;
"extra-heavy motor vehicle (articulated)"
means a motor vehicle (articulated), the gross combination mass of which exceeds 16 000 kg but not 25 000 kg;
"extra-heavy motor vehicle (rigid)"
means a motor vehicle (rigid), the gross vehicle mass of which exceeds 16 000 kg but not 25 000 kg;
"forestry In-field operations"
means from the point of felling trees to the mill;
"furniture removal sector"
means all transport employers within the scope of the Council that exclusively transport and store new or used furniture or appliances for households or businesses;
"goods"
means any movable property, including but not limited to any article, commodity or substance such as sand, soli, gravel, stone, coal, water or other liquid, gaseous or solid matter and includes containers or containerised goods;
"gross combination mass"
in relation to a motor vehicle (articulated) that is used to draw another motor vehicle, means the maximum mass of the combination of vehicles, including that of the drawing motor vehicle and its load, as specified by the manufacturer or, in the absence of such specification, as determined by the registering authority concerned;
"gross vehicle mass"
in relation to a motor vehicle (rigid), means the maximum mass of such vehicle and its load as specified by the manufacturer or, in the absence of such specification, as determined by the registering authority concerned;
"hazardous substances"
means substances defined in the regulations for the transportation of hazardous substances under the Hazardous Substances Act, 15 of 1973;
"heavy motor vehicle (articulated)"
means a motor vehicle (articulated) the gross combination mass of which exceeds 9000 kg but not 16 000 kg;
"heavy motor vehicle (rigid)"
means a motor vehicle (rigid), the gross vehicle mass of which exceeds 9 000 kg but not 16 000 kg;
"hourly wage rate"
means the weekly wage divided by the number of ordinary hours of work worked by an employee in a week;
"hours of work"
includes all periods of driving and any time spent by a driver, security officer or any other employee on other work connected with the vehicle or the load and all periods during which the employee is obliged to remain at his or her post In readiness to work when required to do so, but does not include any meal interval prescribed In terms of clause 5 or any period In respect of which a subsistence allowance is payable to an employee in terms of clause 36, if during such interval or period the employee does no work other than remaining in charge of the vehicle and its load, if any, or guarding the vehicle and Its load, if any;
"internal motor vehicle"
means a motor vehicle used on the premises of or inside an establishment;
"law"
includes the common law;
"light motor vehicle"
means a motor vehicle, the gross vehicle mass or gross combination mass of which does not exceed 3 500 kg;
"medium motor vehicle (articulated)"
means a motor vehicle (articulated), the gross combination mass of which exceeds 3 500 kg but not 9 000 kg;
"medium motor vehicle (rigid)"
means a motor vehicle (rigid), the gross vehicle mass of which exceeds 3500 kg but not 9 000 kg;
"month"
means a calendar month;
"monthly wage"
means an employee's weekly wage multiplied by four and a third (4,333);
"motor vehicle"
means any self-propelled vehicle used for conveying goods or containers and includes a truck-tractor, a motorcycle, a motor tricycle and a tractor, but does not include a mobile hoist;
"motor vehicle (articulated)"
means a combination of vehicles consisting of a motor vehicle and a semi-trailer or trailer or trailers;
"motor vehicle (rigid)"
means a motor vehicle other than a motor vehicle (articulated);
"night work"
means work performed after 18hOO and before 06hOO the next day;
"ordinary hours of work"
means the hours of wort< prescribed In clause 3 (2) or, if by agreement between an employer and employee, the employee works a lesser number of ordinary hours, those lesser hours;
"overtime"
means, subject to the provisions of clause 11 (2), all hours worked In excess of the ordinary hours of work prescribed In clause 3( 1) , other than on a Sunday or public holiday;
"public holiday"
means a public holiday specified in Schedule 1 of the Public Holidays Act, 36 of 1994 and any other day declared as such under Section 2A thereof;
"Road Freight and Logistics Industry" or "Industry"
means the sector In which employers and employees are associated for carrying on one or more of the following activities for hire or reward: (a) the transportation of goods by means of motor transport; (b) the storage of goods, including the receiving, opening, unpacking, packing, despatching and clearing, or accounting for, of goods If these activities are ancillary or Incidental to paragraph (a); and (c) the hiring out by temporary employment services of employees for activities or operations which ordinarily or naturally fall within the transportation or storage of goods as contemplated by paragraphs (a) and (b) of this definition;
"running repairs"
means repairs to a vehicle and Its component parts that can be effected by the driver, a security officer, grade I, or a general worker with tools normally supplied by the manufacturer of such vehicle, which Includes normal tools required to change or pump a wheel, screwdrivers, pliers, spare globes and adjustable spanners;
"semi-trailer"
means a trailer without a front axle and designed or adapted to rest on and be drawn by a truck-tractor;
"substantive Issues"
means all issues Involving cost and affecting the wage packets of employees;
"sugar cane sector"
means that portion of the sugar transport sector In which employers and employees are primarily associated for the handling and transportation of sugar cane and associated products between the fields and mills for hire or reward;
"sugar cane In-field operations"
means operations between the point of harvesting sugar cane and the mill;
"team leader"
means an employee who, under general supervision, is in charge of a group of general workers and who may keep records of the work they do and engage in the same work;
"temporary employee of a temporary employment service"
means a temporary employee of a temporary employment service referred to in clause 66 of the Agreement and who renders services to a client that operates in the Industry and falls within the registered scope of the Council;
"temporary employment service"
means any person or labour broker who, for reward, procures for or provides to a client other persons who - (a) render services to, or performs work for, the client; and (b) are remunerated by the temporary employment service;
"tractor"
means a motor vehicle designed or adapted mainly for drawing other vehicles and not for carrying any load;
"trailer"
means a vehicle that is not self-propelled, but is designed or adapted to be drawn by a motor vehicle;
"truck-tractor"
means a motor vehicle deSigned or adapted to draw other vehicles and not to carry any load other than in the form of a trailer, semi-trailer or ballast resting on it and does not include a tractor;
"ultra-heavy motor vehicle"
means a motor vehicle, the gross vehicle mass or gross combination mass of which exceeds 25 000 kg;
"unauthorised absence"
means absence without leave (AWOL), unpaid leave or unpaid sick leave;
"wage" means -
(a) the amount of money payable to an employee as a basic wage in terms of Schedule 5 in respect of the employee's ordinary hours of work; or (b) a larger amount than that prescribed in Schedule 5 that an employer regularly pays an employee in respect of ordinary hours of work; but excludes any bonus;
"wage register"
means the record required to be kept by an employer In terms of clause 50(3);
"working day"
means any consecutive period of work in the course of a working day, that has been set by an employer for an employee, but does not include any period of overtime and the following shall be computed as one (1) working day: (a) each Sunday on which an employee is required to work, (b) each Saturday on which an employee works at least nine overtime hours; (c) each working day on which an employee is absent on leave, sick leave, family responsibility leave, study leave or on the instruction or with the consent of the employer;
"year"
in respect of an employee, means any period of employment in the Industry extending over a period of 12 consecutive months.
"other categories of employees"
means all employees employed in operations, warehousing, fleet maintenance and administration, but excluding management that take decisions to recruit or discipline employees, but Including supervisors and controllers regardless of whether or not they may make decisions to recruit of discipline;
"owner driver"
means an employer who Is the owner or part-owner or leaseholder or renter of one or more motor vehicles used In transporting goods for hire or reward end who drives any such motor vehicle far the purposes of transporting goods;
"part-time employee"
means an employee who does not work full-time, but who is employed on a permanent basis and who is only required to work a fixed and limited number of hours per day, per week or per month;
"relief employee"
means an employee, other than a temporary employee of a temporary employment service, who is employed by the same employer for not more than 16 days in a 30-day period and not more than 144 days in a 52 week period;
“seasonal worker Sugar Transport Sector”
means an employee who Is In the permanent employ of an employer transporting sugar cane and who, owing to the seasonal nature of the Sugar Sector, Is required to report for duty only as and when required by the employer;
"security guard"
means an employee, other than a security officer, who is engaged in one or more of the following duties: guarding, protecting or patrolling premises, buildings, structures or other fixed or movable property, whether or not the employee handles or control dogs in the performance of any or all of these duties;

NBCRFLI Job Grades, Classes, Categories and Definitions

Grade 1

General Worker

Cat 1
An employee who is engaged in one or more of the following duties:
  1. Opening, closing, nailing up, sewing up, marking, tying, filling or emptying bales, vats, packing cases, boxes, tins, cartons, drums, bags or containers;
  2. assisting in the loading or unloading of containers;
  3. throwing over or removing tarpaulins or plastic coverings;
  4. sealing or opening messages, packages, letters or goods and delivering or transporting them on foot, by pedal cycle or tricycle, or by hand-operated vehicle;
  5. carrying, lifting, pulling, pushing, dragging, packing, unpacking, repacking, stacking, rolling up, shifting, loading or unloading any goods, containers, packages or vehicles, wheelbarrows, trolleys or other hand-operated vehicles, other than by using power-driven equipment;
  6. pasting labels on goods or marking, branding, stamping or stencilling goods, or perforating labels;
  7. parcelling, wrapping or tying goods;
  8. replacing towels, soap or toilet paper;
  9. cleaning goods or containers;
  10. setting up or taking apart ready-made cardboard or fibreboard boxes or similar containers by hand;
  11. shoveling or scattering stone, gravel, soil, clay, sand or other raw materials with a shovel;
  12. boring, scraping down or sandpapering by hand;
  13. guarding motor vehicles, goods or the loads on motor vehicles;
  14. operating a hand-operated crane, hoist, pump, duplicating machine, jack or winch;
  15. assisting an artisan in ways other than by using the tools of his trade independently;
  16. washing overalls, uniforms, protective clothing, packing material or blankets;
  17. working on a motor vehicle, trailer or semi-trailer, or accompanying it on trips;
  18. repairing packing cases, cases, crates or pallets by hand;
  19. cleaning premises, pallets, vehicles or machinery;
  20. preparing rations or making or serving tea or similar beverages for employees or making or serving tea or other refreshments for the employer or his guests;
  21. using rubber or other stamps where selection or discretion is not needed;
  22. opening or shutting railway trucks or containers;
  23. applying paint or anti-rust agents to goods, trailers or semi-trailers by hand;
  24. removing, replacing, changing or pumping wheels, tyres or tubes of motor vehicles, front-end loaders, mobile hoists, trailers, semi-trailers, cycles, wheelbarrows, trolleys or other hand-driven vehicles, or repairing tubes; and
  25. any other manual labour not specifically defined herein

Packer/Loader, Grade 1

Cat 3
An employee who Is responsible for packing or loading furniture Into any container or into or out of a vehicle or unloading or unpacking furniture.

General Worker, Repair Shop

Cat 42
An employee who assists an artisan by doing manual and physical tasks, which include carrying tools, cleaning parts, cleaning the work area, packing away tools and helping where needed.

Grade 2

Light Motor Vehicle Driver

Cat 6
An employee who is engaged in driving a motor vehicle, and for the purposes of this definition the expression "drives a motor vehicle" includes all periods of driving, all periods during which he is obliged to remain at his post in readiness to drive and any time spent by him in connection with the vehicle or its load.

"light motor vehicle" means a motor vehicle, the gross vehicle mass or gross combination mass of which does not exceed 3 500 kg.

Loader Operator, Grade II

Cat 22
An employee who operates a power-driven front-end loader with a lifting capacity not exceeding 6 000 kg, used in the loading, shifting or unloading of soil, sand, stones, gravel or any other raw materials, goods or containers.

Checker, Grade I

Cat 2
An employee who checks the assembling, packing, unpacking, weighing, stacking, loading, unloading, marking or addressing of goods or containers and who checks enters or records particulars of such goods or containers manually to a written or electronic statement.

Mobile Hoist Operator, Grade II

Cat 24
An employee who is engaged in operating a power-driven mobile hoist or fork-lift truck with a lifting capacity not exceeding 6 000 kg used in the loading, unloading, moving or stacking of goods or containers, but does not include an internal motor vehicle.

Packer/Loader, Grade II

Cat 46
An employee who Is responsible for packing or loading furniture into any container or Into or out of a vehicle or unloading or unpacking furniture and who supervises the activities of a general worker.

Grade 3

Medium Motor Vehicle Driver (Articulated)

Cat 7
An employee who is engaged in driving a motor vehicle, and for the purposes of this definition the expression "drives a motor vehicle" includes all periods of driving, all periods during which he is obliged to remain at his post in readiness to drive and any time spent by him in connection with the vehicle or its load.

"medium motor vehicle (articulated)" means a motor vehicle (articulated), the gross combination mass of which exceeds 3 500 kg but not 9 000 kg.

Medium Motor Vehicle Driver (Rigid)

Cat 8
An employee who is engaged in driving a motor vehicle, and for the purposes of this definition the expression "drives a motor vehicle" includes all periods of driving, all periods during which he is obliged to remain at his post in readiness to drive and any time spent by him in connection with the vehicle or its load.

"medium motor vehicle (articulated)" means a motor vehicle (articulated), the gross combination mass of which exceeds 3 500 kg but not 9 000 kg.

Artisan Assistant

Cat 44
An employee who assists an artisan by working on basic tasks such as removing covers, taking motors apart and doing repairs on basic equipment under supervision, using limited tools and manual equipment and also assisting in cleaning the work area and workshop.

Gantry Crane Operator, Grade I

Cat 19
An employee who is engaged in driving a gantry crane with a lifting capacity exceeding 6 000 kg, or in operating or contrOlling it from the floor of an establishment.

Mobile Hoist Operator, Grade I (Forklift Driver / Reach Truck Driver)

Cat 23
An employee who is engaged in operating a power-driven mobile hoist or fork-lift truck with a lifting capacity exceeding 6 000 kg used in the loading, unloading, moving or stacking of goods or containers, but does not include an internal motor vehicle.

Checker, Grade II

Cat 47
An employee who checks the assembling, packing, unpacking, weighing, stacking, loading, unloading, marking or addressing of goods or containers and who checks, enters or records particulars of such goods or containers manually to a written or electronic statement and who supervises and checks the work of a general worker.

Gantry Crane Operator, Grade I

Cat 20
means an employee who is engaged in driving a gantry crane with a lifting capacity not exceeding 6 000 kg, or in operating or controlling it from the floor of an establishment;

Storeman (workshop)

Cat 26
An employee who is engaged in receiving, recording, storing, unpacking and issuing spares for the repair and maintenance of vehicles.

Vehicle Guard

Cat 50
An employee who is engaged to provide a protective armed service to the security officer " in securing an area or guarding cash, valuables, securities and negotiable documents in transit.

Team Leader

Cat 15
An employee who, under general supervision, is in charge of a group of general workers and who may keep records of the work they do and engage in the same work.

Grade 4

Heavy Motor Vehicle Driver (Articulated)

Cat 10
An employee who is engaged in driving a motor vehicle, and for the purposes of this definition the expression "drives a motor vehicle" includes all periods of driving, all periods during which he is obliged to remain at his post in readiness to drive and any time spent by him in connection with the vehicle or its load.

"heavy motor vehicle (articulated)" means a motor vehicle (articulated) the gross combination mass of which exceeds 9 000 kg but not 16 000 kg.

Heavy Motor Vehicle Driver (Rigid)

Cat 11
An employee who is engaged in driving a motor vehicle, and for the purposes of this definition the expression "drives a motor vehicle" includes all periods of driving, all periods during which he is obliged to remain at his post in readiness to drive and any time spent by him in connection with the vehicle or its load.

"heavy motor vehicle (rigid)" means a motor vehicle (rigid), the gross vehicle mass of which exceeds 9 000 kg but not 16 000 kg.

Extra Heavy Motor Vehicle Driver (Articulated)

Cat 12
An employee who is engaged in driving a motor vehicle, and for the purposes of this definition the expression "drives a motor vehicle" includes all periods of driving, all periods during which he is obliged to remain at his post in readiness to drive and any time spent by him in connection with the vehicle or its load.

"extra-heavy motor vehicle (articulated)" means a motor vehicle (articulated), the gross combination mass of which exceeds 16 000 kg but not 25 000 kg.

Extra Heavy Motor Vehicle Driver (Rigid)

Cat 13
An employee who is engaged in driving a motor vehicle, and for the purposes of this definition the expression "drives a motor vehicle" includes all periods of driving, all periods during which he is obliged to remain at his post in readiness to drive and any time spent by him in connection with the vehicle or its load.

"extra-heavy motor vehicle (rigid)" means a motor vehicle (rigid), the gross vehicle mass of which exceeds 16 000 kg but not 25 000 kg.

Dispatch Clerk

Cat 18
An employee who -
  1. is responsible for the receipt, packing or despatch of goods or containers from a store, warehouse or storage place;
  2. may supervise and check the work of a checker, grade I or II or a general worker; and
  3. utilises information and data stored manually, or electronically on a computer system.

Grade 5

Ultra Heavy Motor Vehicle Driver

Cat 14
An employee who is engaged in driving a motor vehicle, and for the purposes of this definition the expression "drives a motor vehicle" includes all periods of driving, all periods during which he is obliged to remain at his post in readiness to drive and any time spent by him in connection with the vehicle or its load.

"Ultra-heavy motor vehicle" means a motor vehicle, the gross vehicle mass or gross combination mass of which exceeds 25 000 kg.

Semi-skilled Artisan

Cat 45
An employee who, although still under the supervision of an artisan, works independently on jobs but is not held fully responsible for final checking and who does more complex.

Storeman (Warehouse)

Cat 49
An employee who is in charge of stocks, of incoming goods or containers and who is responsible for receiving, recording, storing, packing or unpacking goods or containers in a store or a warehouse or a storage place and for delivering goods or containers from a store, warehouse or storage place for dispatch.

Custodian

Cat 51
An employee who drives a motor vehicle and is engaged in the guarding and handling of cash, valuables, securities and negotiable documents in transit and who may be required to carry firearms and to replenish Automated Teller Machines."

"despatch clerk" means an employee who -

  1. is responsible for the receipt, packing or despatch of goods or containers from a store, warehouse or storage place;
  2. may supervise and check the work of a checker, grade I or /I or a general worker; and (c) utilises information and data stored manually, or electronically on a computer system.

Grade 6

Security Officer I

Cat 39
An employee who drives a motor vehicle and is engaged In the guarding of cash and valuables and the guarding and handling of securities and negotiable documents in transit and who may be required to carry firearms.

Security Officer II

Cat 40
An employee who is engaged In the guarding and handling of cash, valuables, securities and negotiable documents in transit and who may be required to carry firearms.

Security Officer III

Cat 41
An employee who receives. Issues, moves and controls cash carrying containers conveyed between security officers, I or II, and bank officials and who may be required to carry firearms.

Wage Table

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Minimum Wage Table

View Minimum Wage Table

Industry Wellness

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Industry Wellness

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Trucking Wellness

Trucking Wellness (previously known as Trucking Against AIDS) was launched in 1999 by the National Bargaining Council for the Road Freight Industry (NBCRFI) to create awareness around HIV&AIDS and sexually transmitted infections (STIs) amongst long-distance truck drivers, commercial sex workers and those at risk such as driver spouses and partners. Trucking Wellness, an initiative of the National Bargaining Council for the Road Freight and Logistics Industry (NBCRFLI), is a primary healthcare delivery programme dedicated to the wellness of those employed in the road freight and logistics (RFL) industry. The programme is a sterling example of a successful and sustainable public-private partnership in that it is funded by the NBCRFLI together with various partners who share the Council’s vision of fighting the prevalence of HIV/AIDS in the RFL industry.

It has continued to experience year-on-year success since its inception. Through the Programme, many lives continue to be saved and improved.

ARV programme

Over the years, the Council’s Trucking Wellness Programme has worked successfully together with CareWorks to deliver sustainable HIV solutions by managing HIV/AIDS in the workplace and by treating HIV-positive people. The experienced Trucking Wellness counselors support and educate patients and their families about HIV, and related diseases, provide HIV/AIDS counseling and, where necessary, ARV treatment to HIV-infected employee members of the NBCRFLI.

These services are offered through a blend of 5 mobile Wellness Clinics and 22 fixed Wellness Centres staffed by registered nurses and counsellors and situated on all major trucking routes. The clinics are funded by the NBCRFLI and supported by donor organisations, industry partners, local government and relevant health departments.

Contact details

To enrol for treatment and medication, call CareWorks on the toll-free call centre, 0800 212 768 during the office hours.

Industry Wellness

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Wellness Fund Health Plan

In the interest of the well-being of the road freight and logistics workforce, the National Bargaining Council for the Road Freight and Logistics Industry (NBCRFLI) launched the new NBCRFLI Wellness Fund Health Plan in July 2011.

The NBCRFLI Wellness Fund Health Plan, which became effective on 1 July 2011, entitles eligible principal members, together with one eligible spouse, to the following benefits:

  • Primary healthcare benefits such as visits to general practitioners, dentists and optometrists within the Universal Provider Network. Your benefits also include medication, x-rays and blood tests.
  • 24-hour emergency assistance through ER24 in the event of accidents and medical emergencies as well as roadside assistance.
  • A Hospital Cash Back Plan that also includes cover for child dependants.
Health Plan Benefits Brochure
The Medical Society Brochure
The Medical Society Contact List
Improved NBCRFLI Health Plan Benefits under new Service Provider (valid as of 1 January 2015)

The National Bargaining Council for the Road Freight and Logistics Industry (NBCRFLI) is pleased to announce the appointment of a new service provider, Affinity Health, for its Wellness Fund Health Plan. This appointment, which came into effect on 1 January 2015 , means that all eligible NBCRFLI employee members will receive even better benefits and health services.
These include the following:

GP Consultations per eligible members and spouses are unlimited with pre-authorisation required after the sixth consultation. For assistance to find your network GP before your 1st consultation, call Affinity Health on 0861 00 11 31. You can also send a “please call me” to 079 409 1834 and Affinity Health will call you back.

Radiology and Pathology are linked to GP consultations as you must be referred by a doctor for this benefit. Only approved x-rays and blood tests, as per the formulary, will be covered for eligible members and spouses.

Acute Medication is limited, per eligible member and spouses, to a maximum of R1 000 for every 12 months. Only medication approved by Affinity Health, and according to formulary reference pricing, will be covered. Please call Affinity Health Customer Care at 0861 00 11 31 so we may direct you to the nearest pharmacy.

Chronic medication is subject to formulary reference pricing per eligible member and spouse, as approved by Affinity Health. You must be registered as a Chronic member in order to obtain this benefit. To confirm if your chronic condition is covered, you can contact the Affinity Health Customer Care line.

Chronic disease management is available for members that are registered for Chronic medication. Through support, we hope to assist you in bringing your condition under control and being able to live a normal life.

Dentistry is covered up to a maximum of R500 per insured incident and a maximum of R1 500 for every 24 months, per eligible member and eligible spouse. In the event of injury requiring dental treatment, there is a limit of R1 500 per insured incident and R3 000 for every 24 months.

Optometry is only available through a Specsavers outlet. A basic pair of frames and clear plastic single vision or bifocal lenses are available every 24 months, per eligible member and eligible spouse.

Emergency Services are available by phoning the number provided on the membership card. If another service provider is used, costs may not be covered if deemed non-emergent. This benefit includes repatriation of mortal remains if death occurs away from normal place of residence, per eligible member, eligible spouse and eligible children.

Hospital Illness Benefit will ensure that you receive some income while you are in hospital. After the first 24 hours you will receive R500, for the second day you will receive R400 and thereafter, up to a maximum of 21 days, you will receive R250. If you are in ICU or High Care, a benefit equal to R1 000 per day will apply. You do need to notify the pre-authorisation department when you are admitted; per eligible member only.

Accidental Injury Benefit (casualty rooms) is for injuries sustained as a result of an accident and is applicable only to eligible members. It is limited to treatment received in a hospital emergency unit and limited to R12 000 per incident. Please phone the pre-authorisation number for a Guarantee of Payment.

Hospital Indemnity Benefit is for actual costs of hospitalisation, if admitted due to an accident, up to the maximum amount of R75 000 per incident. Please phone the pre-authorisation number for a Guarantee of Payment, per eligible member, eligible spouse and eligible children.

Funeral Assistance Benefit of R10 000 is payable in the event of the death of the eligible member. This benefit shall be limited to the eligible member only, and excludes the eligible spouse.

New Cards
All eligible Health Plan members will be issued with new Health Plan cards. The new cards will be ready by the end of January 2015 and couriered to employers for distribution to their employees. Please note that active members are allowed to use their current Health Plan cards while the new ones are being dispatched.

Please remember to keep your personal membership card in your wallet or purse so that it is readily available, should you need it.

Queries regarding new benefits (as of 1 January 2015):
Should you have any queries regarding your membership or require a copy of the full product guide, please contact Affinity Health on 0861 00 11 31 or at info@nbcrflihealth.co.za 1 January 2015. You can also send a “please call me” to 079 409 1834 and Affinity Health will call you back, from 1 January 2015.

For further information about the new Health Plan, please go to www.nbcrfli.org.za or to www.nbcrflihealth.co.za. You may also use www.nbcrflihealth.co.za to register for the Health Plan.

Provident Fund

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Provident Fund

The Provident Fund provides benefits for its members and their dependants, as outlined in the mandate of the Provident Fund Collective Agreement. The Fund consists of:

Benefit Design

  • Contributions of both employer and member paid into the Fund.
  • Returns derived from the investment of any moneys of the Fund.
  • Any moneys credited to individual members.
  • Interest received.

Risk Benefits

  • Death and funeral.

The Provident Fund and the Council

The Provident Fund is a separate legal entity and is not owned by any stakeholder or party connected to the Fund, such as the Council, an employer organisation or trade union. All Provident Fund contributions are made directly to the Fund and not via the Council.

The Council, however, remains the body where collective agreements are negotiated and thereafter we enforce the provisions of the said collective agreement in terms of the Labour Relations Act. Although there are Provident Fund service centres in the Council's Johannesburg, Cape Town and Durban branches, this is purely for the convenience of the Council's members. No Provident Fund queries or payments are received or handled by the Council itself, as stipulated above.

Should you require any additional information, please use the following contact details:

Employers:

Provident Fund Call Centre number: 087 702 2320 info@rflipf-sanlam.co.za

Members / Claims:

Provident Fund Call Centre number: 086 173 5473 members@rflipf-sanlam.co.za

For downloadable Provident Fund forms and information on contributions, benefits and claims, go to www.rflipfund.co.za

Funds Administration

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Funds Administration

Through our Funds Administration department, we effectively and efficiently process all funds on behalf of the NBCRFLI. This includes annual leave, sick leave and 13th cheque funds.

Payouts Processing Procedures

Annual Leave

  1. Individual employees should submit their leave application to their employer.
  2. Employers will consolidate all employees' monthly submitted annual leave on the Council annual leave application form, either online or manually, and submit to the Council via fax, e-mail or post.
  3. Applications received by the Council will be processed based on the following calculation:
    1. Less than 5 years completed service: a contribution will be made on 25% of an employee's weekly wage. Employees may only apply for a maximum of 15 leave days.
    2. Between 5 and 10 years completed continuous service: a contribution will be made on 28.34% of an employee's weekly wage. Employees may only apply for a maximum of 17 leave days.
    3. 10 Years completed service and longer: a contribution will be made on 33.3% of an employee's weekly wage. Employees may only apply for a maximum of 20 leave days.
  4. The employer has to submit their leave applications 2 weeks prior to the applicant going on leave to avoid any set backs.
  5. Sick leave bonus:
    • Sick leave bonus can only be applied for after the employee has completed his 3 year cycle, as from the start date of employement.
    • Sick leave bonus can be applied for separately.
    • Sick leave bonus can be applied with his leave application.
    • Sick leave bonus can be appllied with his Holiday Pay bonus, with the Year-end Pay-out application.

Sick Leave Benefit

  1. Individual employees must submit a doctor's note to their employer. Employers must download the sick leave application form and submit the sick leave application form as and when employees submit their doctor's note, either online or manually, submitting to the Council via fax, email or post.
  2. The NBCRFLI will process applications based on the following calculation:
    1. Contributions will be made on 20% of an employee's weekly wage.
Sick Leave Bonus

Sick leave bonus will only be paid out as follows:
  1. On completion of the 3 year sick leave cycle after commencing employment or from the date that the previous sick leave cycle expires, this means that an employee's commencement date will determine the year during which he/she may expect a bonus payment.
  2. Council shall pay a sick leave bonus, subject to (i) above, based on contributions received during the preceding 3 years less sick leave days paid to an employee.
  3. An employee who has utilised all his/her sick leave benefits will not qualify for any sick leave bonus payments at the end of his/her sick leave cycle.

Kindly contact your local designated agent should you have any questions.

Holiday Bonus / 13th Cheque

  1. Holiday Bonuses will be paid in December of every year.
  2. Employers will submit their employees banking details as well as a payment release date via fax, e-mail or post.
  3. All payments will be made directly into employees' bank accounts. No payments will be made to employers.
  4. Contributions will be made on 36.8% of employees' weekly wage.
Statement Registration Pro rata Entitlement Advice Voucher Annual Payment Voucher Application for Sick Leave Benefit Frequently Asked Questions

NBCRFLI Banking Details

The NBCRFLI opened accounts with the four major banking institutions in South Africa in order to overcome the challenge of delayed transfers across banks as well as to ensure that all income received is easily allocated.

This new process has been extremely beneficial for the Council and its members as it has reduced unallocated income which ultimately reduces unnecessary enforcement. It has also helped to eliminate incorrect allocation and invalid refunds. The quick allocation of income ensures that employee funds are allocated correctly and available for pay-outs.

We appeal to all members to deposit all payments into the Council's account which is held at the same banking institution as yours. It is also essential that the reference which you use is allocated for your employer.

Find the following Council banking details for your easy reference:

First National Bank

Account name: The National Bargaining Council for the Road Freight Industry
Account Type: Cheque
Account number: 62004039899
Branch code: 250655

ABSA

Account name: The National Bargaining Council for the Road Freight Industry
Account Type: Cheque
Account number: 4076902525
Branch code: 632005

Nedbank

Account name: The National Bargaining Council for the Road Freight Industry
Account Type: Current
Account number: 1005158444
Branch code: 198765

Standard Bank

Account name: The National Bargaining Council for the Road Freight Industry
Account type: Business Cheque Account
Account number: 000279277
Branch code: 051001

It is also important for us to maintain an updated database on all industry employee bank details. To all industry employers: Please ensure that you regularly update your employees bank details as soon as it changes, with the following form.

Once completed, hand this form to your local agent or contact us.

Contributions and Levies

Leave Pay Fund

Who contributes?
How Much?
Note
Employer
Employees with less than 5 years continuous service 25% of the normal basic weekly wage.

Employees with 5 years continuous service but less than 10 years continuous services 28,34% of the normal basic weekly wage.

Employees with 10 years and longer completed continuous service 33,3% the normal basic weekly wage.
To be paid irrespective of the number of days worked during a specific period/ month.

Holiday Pay Bonus Fund

Who contributes?
How Much?
Note
Employer
36,08% of each employee's basic weekly wage.
To be paid irrespective of the number of days worked during a specific period/ month.

Sick and Absence Fund

Who contributes?
How Much?
Note
Employer
25% of each employee's basic weekly wage.
To be paid irrespective of the number of days worked during a specific period/ month.

Council Levies

Who contributes?
How Much?
Note
Employer
0,4% of each employee's basic weekly wage for whom minimum wages are prescribed.
0,4% of basic weekly wage for whom minimum wages are prescribed.
To be used for Council expenses

Council Levies (For the EBU)

Who contributes?
How Much?
Note
Employer
0,075% of employees basic weekly wage for whom no minimum wages are prescribed and earning up to R10 000.00 and less pm.

0,075% of employees basic weekly wage for whom no minimum wages are prescribed and earning up to R10 000.00 and less pm.
To be used for Council expenses

Wellness Fund

Who contributes?
How Much?
Note
Employer
1% of each employee's basic weekly wage.

1% of basic weekly wage.
Portion to the Wellness Fund

Wellness is voluntary for EBU staff members

Provident Fund

Who contributes?
How Much?
Note
Employer
10% of each employee’s basic weekly wage.

10% of basic weekly wage.
Submissions to be done via the Sanlam website

Disputes Resolution

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Disputes Resolution

One of the core functions of the NBCRFLI, in terms of the Labour Relations Act, is to manage the dispute resolution process within the Road Freight and Logistics Industry, as per its mandate to manage and enforce the conditions of employment between industry employers and employees. In order to resolve unfair dismissal and disputes of a similar nature, the NBCRFLI is accredited by the CCMA to perform dispute resolution by using CCMA accredited commissioners. These commissioners are also used to arbitrate enforcement disputes. To view the certificate of accreditation, click here, or to view the Government Gazette affirming the accreditation, click here.

The following changes were made to the Disputes Resolutions Rules in February 2015:

To view a full set of the new rules, click here.

Resolving disputes

As a member of the road freight and logistics industry, you have the right to make sure that your section 51 (Labour Relations Act of 1995) dispute, for example, unfair labour practice or unfair dismissal dispute is heard and resolved.

It is important to note that there are no additional costs to be paid for if you decide to use the Council’s dispute resolution services. The costs are covered by your monthly Council levy deducted by your employer and equally paid together with your employer’s portion directly to the NBCRFLI.

What is a dispute?

A dispute, under section 51 of the Labour Relations Act of 1995, is any matter over which employer and employee members legally challenge each other, such as unfair dismissals or unfair labour practices or a dispute about the application of the provisions of Council’s Collective Agreements.

It is important to note that the Council checks the following things before an unfair dismissal or unfair labour practice dispute is set down:

  • Is the correct citation of the party (legal name of the company, legal names of individuals) provided?
  • Are the terms of reference correctly cited?
  • Did the applicant sign the form?
  • Have the correct timeframes been adhered to?

If not, condonation applies. (If the applicant failed to comply with the timeframes provided for in the Act, he/she may apply for condonation for the late referral)

How do I lodge a dispute?

  1. Complete the referral form (7.11). The form is available from any NBCRFLI office and on the NBCRFLI website.
  2. Send a copy of the referral form to your employer by registered mail, serve the form in person by handing a copy to the employer or fax it to the correct fax number of your employer or emailing it to the correct email address of your employer.
  3. Send the original form to the relevant NBCRFLI office with proof that the form was sent or given to your employer. The form can be emailed, faxed, posted or hand delivered to the NBCRFLI. Acceptable proof that your employer received a copy of the referral form includes:
    • a signature of receipt
    • a fax receipt slip
    • an email receipt slip
    • a registered letter slip
  4. At the NBCRFLI offices, the case management officer will give you a case number and inform you in due course of the date and time of the hearing.
  5. You will also receive an SMS two days before the date of the hearing as a reminder.

Please note that the case management officer will assist you in filling out your dispute forms, if you need help.

Who may represent an Employee or Employer at the Council

An employee may appear in person at any proceedings before the Council or be represented by a member; official or office bearer of a registered trade union that the employee was a member of at the time the dispute arose.

An employer may be represented by a director, trustee or partner in a partnership of that employer. Legal representation is not automatically allowed and may be subject to the commissioner's discretion.

What are the time periods in which to refer a dispute?

Unfair dismissal dispute: Must be referred within 30 days of the date of dismissal. (If an employee applied for an appeal, the date of dismissal is the day the employee was notified of the outcome of the appeal hearing.)

Unfair labour practice dispute: Must be referred within 90 days of the date of the act or omission, which resulted in the unfair labour practice or, if it is a later date, within 90 days of the date on which the employee became aware of the act or occurrence.

Apply for condonation if the referral is late

If more than 30 days have passed since the dismissal took place without referring the matter for conciliation, you will have to apply for condonation, which is like an extension of the deadline. Condonation forms are also obtainable at NBCRFLI offices.

Referral to arbitration: An application for arbitration must be submitted within 90 days after the conciliation certificate had been issued.


Types of disputes you can refer to the NBCRFLI

  • Disputes about the interpretation or application of the provisions of Chapter II (Section 9)
  • Disputes regarding a proposed strike or lock out (Section 64(1))
  • Disputes in essential services (Section 74)
  • Disputes about unfair dismissals (Section 191)
  • Disputes about severance pay (Section 196)
  • Disputes about unfair labour practices (Item 2 in Schedule 7)

Enforcement

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Enforcement

ROLE OF THE DESIGNATED AGENT

The Council aims to ensure that the provisions of the Council's Agreements are complied with by all stakeholders in the road freight and logistics industry. The designated agents play a vital role in the achievement of this goal.

Designated agents are appointed by the Minister of Labour at the request of a bargaining council to promote, monitor and enforce compliance with any Collective Agreement concluded in that bargaining council. On a more detailed level, the role of the agent includes:

  • Promoting, monitoring and enforcing compliance with Collective Agreements.
  • Educational inspections of employers in the industry with the objective of assisting stakeholders to move towards voluntary compliance.
  • Interpretation and explanation of the provisions of Collective Agreements.
  • Registration of unregistered employers.
  • Investigation of complaints and enquiries.
  • Effectively and successfully conclude enforcement, conciliation and arbitration matters.
  • General administration of Council matters.
  • Due to the role that designated agents play, they are granted certain powers, namely:

    The designated agent may at any time, without warrant or notice, enter any workplace or any other place where an employer carries on business or keeps employment records, that is not a home. This enables agents to monitor or enforce compliance with the Collective Agreements concluded in the Bargaining Council. In order to monitor or enforce compliance with a Collective Agreement, a designated agent may;
  • Require a person to disclose information, either orally or in writing, and either alone or in the presence of witnesses, on a matter to which a Collective Agreement relates, and require that disclosure be under oath or affirmation.
  • Inspect and question a person about any record or document to which a Collective Agreement relates.
  • Copy any record or document or remove these to make copies or extracts, to which a Collective Agreement relates.
  • Require a person to produce or deliver to a place specified by the designated agent any record or document to which a Collective Agreement relates, for inspection.
  • Inspect, question a person about, and if necessary, remove an article, substance or machinery present at a workplace or home (if given permission by the owner/occupier or Labour Court).
  • Question a person about any work performed; and perform any other prescribed functions necessary for monitoring or enforcing compliance with a Collective Agreement.
  • Be accompanied by an interpreter and other person reasonably required to assist in conducting an inspection.

One of the main challenges faced by designated agents is to educate stakeholders on the correct interpretation and application of the provisions of the Council's Agreements. The Council therefore urges members to become familiar with the Collective Agreements, to abide by them and to work together with the agents to ensure the implementation thereof.

To get in touch with a designated agent, refer to the contact list on www.nbcrfli.org.za or contact your nearest NBCRFLI office.

2013 Planner

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2015 Year Planner

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FAQs

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Frequently Asked Questions

Main Collective Agreement

What was the purpose to simplify the Main Collective Agreement?

The main purpose was to simplify the Main Collective Agreement with specific attention to grammar, language, contradictions and other errors.

How will the new format assist to make it more user-friendly?

As mentioned above contradictions and other errors have been eliminated. The Agreement was further drafted in such a manner that issues of a similar nature were grouped together in other words all the different leave issues are being dealt with under one part.

What feature stands out in the Simplified Collective Agreement?

The outstanding feature is that leave pay, holiday pay bonus (13th cheque) and sick and absence pay contributions will no longer be calculated on the number of shifts worked during a specific month.

To whom shall the Agreement apply?

The Agreement shall apply to:

  • Employees for whom minimum wages are prescribed and to the employers of such employees.
  • Other categories of employees, for whom minimum wages are not prescribed, but who qualify for the across the board increases in Schedule 5. Trade union subscriptions prescribed in clause 54 and expenses of the Council (levies) prescribed in clause 69.
  • Other categories of employees, for whom minimum wages are not prescribed and who do not qualify for the across the board increases in Schedule 5 only insofar trade union subscriptions prescribed in clause 54 are concerned.

Has the scope of application of the Agreement been amended?

No, the scope has not been amended. It refers to the RSA where previously it referred to Magisterial Districts in the RSA.

Were there any amendments to the Wellness Fund?

Yes. An employee’s contribution to the Fund has increased from 0,5% per week of his/her normal basic weekly wage to 1% as from 1 March 2013. The medical insurance will continue for the duration of the Agreement.

Has the night shift allowance been amended?

Yes. The allowance will kick in after the completion of 1 hour. This means that should an employee works from 18h00 to 21h00 on a specific day he/she will received R6.08 for the period between 19h00 and 20h00 and a further R1.22 for every completed hour thereafter.

Have the wage schedules been amended?

Yes, new minimum wages came into operation as from 1 March 2013. Across the board increases in respect of employee employed before 1 March 2013 have also been published. The wage schedules may be viewed by clicking here.

Hours of work in the Industry

What are the maximum weekly ordinary hours of work in the Industry?

45 Hours per week made up as follows:

  • 9 Hours for employees who work a 5 day week.
  • 8 Hours for employees who work a 6 day week provided that an employee's ordinary hours of work may not exceed 5 hours on a Saturday.
  • Ordinary hours of work do not include meal intervals.

What is the limitation of overtime work?

An employee may not work more than 6 hours on any day, except Saturdays or 30 hours in any week from Monday to Saturday. The maximum hours per day may further not exceed 15 hours.

General Claim & Payment Questions

How must a claim be submitted and how will it be calculated?

A claim form has been designed and is available on the on-line system. Employers must complete the areas on the form as indicated and the system will do the calculations. Employers must also supply Council with proof (a payslip for example) that an employee has not been paid in respect of specific days during a specific month. Once the claim has been processed, Council will reimburse the employer.

When may claims be submitted?

Claims may be submitted on a monthly basis.

Give an example of how a claim should be calculated?

An employee earns R6000.00 pm. His or her regular contributions will be calculated as follows on condition that said employee has less than 5 years' service. (Only qualifies for 15 working days leave) R6000.00 pm ÷ 4.333 = R1384.72 pw.

Monthly contribution = R1384.72 X 25% = R346.18 pm
Said employee is on AWOL for 1 week and will thus not be paid for that specific week. How much will the employee actual wage be for that specific month?

R6000.00 - R1384.72 = R4615.28 (actual wage)
Now make the same calculation as above.
Actual wage R4615.28 ÷ 4.333 = R1065.15 pw
Monthly contribution = R1065.15 X 25% = R266.28

The employer may thus claim the difference between what have been paid if the employee had worked a full month and the same calculation based on actual wage received:
= R346.18 - R266.28
= R79.90

How is tax treated on payments made by Council?

Council is not the employer and as a result may not tax any Fund payments to employees. The onus is on employers to tax contributions made, on behalf of their employees, to the various Funds. Click here for further information.

Will my application be processed if I have outstanding invoices?

Yes, however employees' pay outs will be incorrect/short paid therefore all outstanding invoices must be paid in order to ensure that employees are being paid their correct benefits.

I received a reminder that my schedule is on block. Why?

The schedule has been blocked as a result of either outstanding monthly returns, rejected banking details or AWOL claims.

Must an employer still deduct trade union subscriptions from the wages of employees who are members of a trade union that is a party to the Council?

Yes. Employers are still required to make the necessary deductions on a weekly/monthly basis.

Must the monies so deducted be paid to the Council or to the trade union concerned?

As from 1 February 2014 all trade union subscriptions must be paid to the trade union concerned and not to the Council.

Are there any time lines involved to pay the trade union subscriptions deducted from members’ wages to the trade union concerned?

Yes. Employers must remit the total amount deducted to the trade union concerned by no later than the 7th day of the month following the date the deduction was made. With each monthly remittance the employer must further provide the trade union concerned with a list of surnames, initials, ID numbers, job categories, computer numbers, weekly wages and branch address of each trade union member. (Refer to clause 54 in the Main Collective Agreement for further information).

Are there any amendments to the submission and payment of monthly returns?

Yes, from the date of promulgation all employers in the Industry are obliged to submit monthly returns on-line at www.nbcrflionline.org.za. You also MUST to submit your monthly returns in terms of the sick, leave, holiday bonus, levies, trade union subscriptions and wellness fund on or before the 20th of the month.

What will happen if an employer has no equipment (computer/laptop) to submit the monthly returns on-line?

Employers can visit their nearest Council office and submit on-line. Every Council office has installed a computer for use by employers to submit returns on-line.

Who do I pay my Provident Fund monthly submissions to?

As a result of the Provident Fund acquiring Sanlam as their front office service provider, Provident Fund monthly submissions are no longer accepted on the NBCRFLI E-Business online system. They need to be paid directly to Sanlam on or before the 20th of the month using their online system at www.rflipf-sanlam.co.za. Should you require any further information on the Provident Fund, please call the Provident Fund Call Centre number on 0861 735 473.

Short time clause

There is a new clause 64 in the Agreement that deals with short time. Please explain?

The short time clause only applies to employers and employees engaged in the furniture removal sector. The clause is not applicable to other employers and their employees in the Industry. Should the need arise for them (employers outside the furniture removal sector) to work short time they will have to apply for exemption.

What does the short time clause provides for?

It defines short time as a temporary deduction of ordinary hours of work due to vagaries of the weather, slackness of trade, shortage of goods to be transported, breakdown of vehicles, plant or machinery and the breakdown or threatened breakdown of buildings.

How will payment be effected should employees be placed on short time?

If the ordinary hours of work are reduced an employer may deduct an amount equal to the lesser of
1. an employee's hourly wage in respect of each hour of short time.
2. on third of an employee's weekly wage irrespective of the number of short time hours.

Annual Leave Payouts

How many days annual leave must be granted to employees for whom minimum wages are prescribed?

Annual leave is based on the number of years of service with one employer in the Industry and are calculated as follows:

  • Less than 5 years continuous service 15 working days (21 consecutive days).
  • 5 Years continuous service but less than 10 years 17 working days (23 consecutive days).
  • 10 Years completed service and longer 20 working days (26 consecutive days).

How will leave pay contributions be calculated?

Leave pay contributions will no longer be calculated on shifts but on the following basis:

  • Employees with less than 5 years continuous service 25% of the normal basic weekly wage.
  • Employees with 5 years continuous service but less than 10 years 28.34% of the normal basic weekly wage.
  • Employees with 10 years and longer continuous service 33.3% of the normal basic weekly wage.
Refer to Contributions & Levies

When must leave pay contributions be paid to Council?

Leave pay contributions must be paid in respect of all employees, for whom minimum wages are prescribed, employed during a specific month irrespective of the number of days that an employee has worked during that specific month.

How will leave pay contributions be calculated if an employee has, for example, not been paid one week's wages during a specific month as a result of AWOL?

The full contribution must be paid to the Council as if the said employee has worked and received his/her full wages during that specific month. No off-sets must be made on the monthly returns. Employers are, however, entitled to submit a claim against a portion of a contribution as a result of non-payment due to, for example, AWOL.

An employee qualifies for 20 days annual leave. Council does not have monies covering the 20 days. Must the employer top-up the leave days?

The employer will have to top-up the leave days if the employee qualified for greater number of days during the present leave cycle. The reason being that contributions would have been made to Council on the previous annual leave qualification. No top-up is however necessary if there were AWOL (including national strike) claims by the employer against leave pay contributions during the leave cycle.

Sick & Absence Payouts

Have the provisions of the sick and absence fund been simplified?

Yes. All employees for whom minimum wage are prescribed will qualify for 36 days paid sick leave in each cycle of 36 months. During the first six months of employment an employee will be granted 1 day's paid sick leave for every 26 days worked.

Who will pay the employee whilst on sick leave?

Council will pay the employee on condition that he/she has funds to his/her credit within 48 hours after receipt of a valid sick application. If no fund credits are available, the employer has to pay his employee and may offset payments made to the employee against future sick and absence fund contributions during that specific leave cycle.

When will sick pay not be paid to an employee?

No sick pay will be paid to an employee if he/she has been absent for more than 2 consecutive days or on more than 2 occasions during an 8 week period without producing a medical certificate.

Will employees still qualify for sick leave bonuses?

Yes, on completion of 36 months (3 years) after commencing employment or from the date that the previous sick leave cycle expires.

How will the sick leave bonuses be calculated?

The bonuses will be based on contributions received less sick leave paid to an employee during the preceding 3 year cycle. Refer to Contributions & Levies

How are sick leave contributions calculated and when are contributions payable?

Contributions are calculated at 20% of an employee's weekly basic wage and are payable irrespective of the number of days that an employee has worked during a specific month. Refer to Contributions & Levies

May an employer claim against contributions made if an employee was on AWOL during a specific month?

Yes on the same basis as set out under the leave pay questions and answers above.

If an employee works a six day week, in other words from Monday to Saturday, and the employee cannot work on a specific Saturday due to ill health or injury, will he/sheify f or sick leave payment for that Saturday in question?

Yes. The Council will, on condition that it holds sufficient funds to the credit of the employee, pay the employee one full day’s wages. Employers must indicate on the application form that the employee ordinarily works on a Saturday.

An employee works a five day week, in other words from Monday to Friday. The employer requests the employee to work overtime on a specific Saturday. The employee howeveruld n ot report for duty on the said Saturday due to ill health or injury. Is the Council obliged to pay the employee any sick leave pay in respect of that Saturday?

No. The Council will not pay any sick leave pay to the employee in question as the employee does not ordinarily work on a Saturday.

Does Council pay sick leave pay to incapacitated employees in advance?

No. The Main Collective Agreement provides that Council is obliged to pay sick leave claims within 48 hours after receipt of a valid sick leave claim. The Council’s interpretation of the word “valid” is that sick leave payments will not be made in advance, but only after sick leave has been taken by an employee. Payments should thus be made within 48 hours of the last day of sick leave, provided the employer has submitted an application.

Give more information on family responsibility leave?

Every employee in the Industry and for whom minimum wages are prescribed qualifies for 5 working days full paid leave per year under the following occurrences:

  • death or serious illness of an immediate family member.
  • the birth of a child of which the employee is the biological father.

Describe the term "immediate family member"?

An immediate family member means an employee's spouse or life partner, child, adopted child, grandchild, parent, adoptive parent, grandparent, sibling or the biological or adoptive parent of an employee's spouse or life partner.

What does the term "life partner" means?

"life partner" means a person who is a party to a heterosexual or homosexual relationship with the employee that is intended to be permanent, exclude any other person and involved cohabitation.

Holiday Pay Bonuses

How must holiday pay bonus contributions be calculated?

It is calculated at 36.08% of an employer's normal basic weekly wage. Refer to Contributions & Levies

Are the holiday pay bonus contributions still linked to shifts?

No, shifts are no longer being used to calculate holiday pay bonus contributions.

Please can you explain the new shift system and how it affects my 13th cheque.

In the past, calculations of contributions to the Council’s Funds, including the Holiday Pay Bonus Fund (13th cheque), were based on the number of shifts (days) worked by an employee during a specific month. This has however changed. As from 16 January 2012, the shift system was abandoned.

Employees in the Industry are entitled to a 13th cheque equal to 4.33 weeks of annual basic earnings payable after 12 months continuous service with one employer. The 13th cheque will be paid directly to employees during December every year and will be prorated during the first year of service.

As from 16 January 2012, employers must contribute 36.08% of the normal weekly wage earned by an employee towards the Fund on a monthly basis. The contribution must be paid to the Council irrespective of the number of days that an employee has worked during a specific month.

Clause 24 (3) of the Main Collective Agreement however provides that an employer is entitled to submit a claim against a portion of contributions of an employee during any specific month as a result of the employee’s unauthorised absence (AWOL).

Why can we not apply for schedule payments for holiday pay bonus as we pay our staff a 13th cheque greater than the Council amount?

The Agreement provides that the holiday pay bonus (13th cheque) be paid directly to employees during December every year. The obligation is thus on Council to pay bonuses directly to employees. If an employer pays his/her staff more than the Council amount, that payment may be reduced by the amount paid to a specific employee by Council.

Why is the system only paying 14,33 days if I applied for 15 days?

Council can only pay out Fund contributions received. Short payments on contributions received may be as a result of the following:
i. Employers calculate contributions on employees’ basic weekly wages. Usually wages in the Industry increase during March of each year. This has the effect that contributions may have been calculated on the previous as well as the present wages, thus the shortfall;
ii. Employers are entitled to claim against a portion of contributions during any specific month as a result of an employee’s unauthorised absence from work.

Levy Payments

How are the Council levies calculated?

Employer pays 0,4% of each employee’s basic weekly wage for whom minimum wages are prescribed. Employee pays 0,4% of basic weekly wage for whom minimum wages are prescribed. Refer to Contributions & Levies

How are Council levies calculated in respect of EBU employees?

Employer pays 0,075% of employees basic weekly wage (or monthly wage) earning up to R237 910.40 per year. Employee pays 0,075% of basic weekly wage (or monthly wage) earning up to R237 910.40 per year. EBU employees (and their employers) earning in access of R237 910.40 per year do not pay any Council levies.

How are Provident Fund contributions calculated?

Employer contributes 10% of each employee’s basic weekly wage. Employee contributes 10% of basic weekly wage. Refer to Contributions & Levies

Have the levies payable to Council been amended?

There is no change to the levies payable by employers and their employees for whom minimum wages are prescribed. It remains at 0.4% per week of an employee's normal basic weekly wage and a like amount by an employer.

Will the extended bargaining unit employees also pay levies to the Council?

Employees not covered under grades 1 - 6 but who qualified for the across the board increases in Schedule 5 will pay levies to the Council and if they are members of trade unions that are party to the Council, employers must deduct trade union subscriptions and pay it over to the Council.

What about employees that are not covered under grades 1 - 6 and who did not qualify for across the board increases?

This category of employees will not be required to pay levies to the Council, but if they are members of trade unions that are party to the Council, employers must deduct trade union subscriptions and pay it over to the Council.

Is 14% VAT still payable on Council levies?

No, as from 21 April 2013 no VAT is payable on Council levies.

How much must an employee pay the Council in ordered to be fully covered by the Health Plan Wellness Fund?

At least R50-00. Click here for further information.

How do late or unpaid D-forms affect employees who are part of the Wellness Fund?

Non-payment of D-forms, or a failure to pay by the 20th of the month, results in employees not being covered by the Health Plan. They will only be covered for ARV treatment.

Medical Certificates Q & A

Under what circumstances will the Council refuse to pay for my sick leave?

According to sub-clause 19 (8) of the Main Collective Agreement, the Council is not required to pay an employee occasional sick leave if he/she fails to produce a medical certificate stating that he/she was unable to work for the duration of that period of absence on account of sickness or injury.

Who should I contact to acquire a legitimate medical certificate?

According to sub-clause 19 (9 ) of the Main Collective Agreement, a medical certificate must be issued and signed by a medical practitioner or any person who is certified to diagnose and treat patients and who is registered with a professional Council established by an Act of Parliament. In this regard, the onus is on employers and their employees to ensure that medical practitioners or any other persons are registered as provided for in this sub-clause.

What are the minimum requirements a medical certificate must meet in order for it to be processed?

  • The name and address of the medical practitioner must be clear and legible;
  • The certificate must be signed by the said medical practitioner;
  • The practice number must be reflected on the certificate;
  • The period of illness/injury must be indicated; and
  • Certificates issued by hospitals must bear the said hospital's official stamp.

Disputes Resolution

What is a dispute?

A dispute is any matter over which employer and employee members legally challenge each other, such as unfair dismissals or unfair labour practices or a dispute about the application of the provisions of Council’s Collective Agreements.

It is important to note that the Council checks the following things before a unfair dismissal or unfair labour practice dispute is set down:

  • Is the correct citation of the party (legal name of the company, legal names of individuals) provided?
  • Are the terms of reference correctly cited?
  • Did the applicant sign the form?
  • Have the correct timeframes been adhered to?

If not, condonation applies. (If the applicant failed to comply with the timeframes provided for in the Act he/she may apply for condonation for the late referral.)

What is conciliation?

Conciliation is a process whereby CCMA accredited commissioners who are selected for the NBCRFLI panel of commissioners, meet with the employer and employee parties in dispute, and explore ways to resolve the dispute. No legal representation is permitted in terms of the rules. This is a without prejudice and off the record process. In order for the parties to reach an agreement, both parties need to be present at the conciliation hearing. If one of the parties fails to attend the conciliation hearing, the matter will remain unresolved and may then only be resolved by arbitration or the Labour Court, depending on the type of dispute. Sometimes parties do not attend conciliation as they rather want an adjudicative (or arbitration) process. It is however important to note that arbitration is a far more stressful, time-consuming and expensive process.

What are the benefits of attending the conciliation hearing?

  • It is far more beneficial for parties to resolve disputes at the lowest level of resolution. By attending the hearing, both parties are able to avoid the unnecessary costs involved in the arbitration process. These costs are due to the length of the process, the possible attendance of witnesses, the time that the parties need to take from work to attend the arbitration and the extra administration that is involved.
  • The conciliation process is private, confidential and without prejudice.
  • It is less time consuming than arbitration.
  • The conciliation hearing is a process where a CCMA accredited commissioner, selected by the NBCRFLI, meets with the parties in dispute, separately and/or together, and explores ways to settle the dispute by agreement.
  • The NBCRFLI has 18 offices countrywide, thereby making it more convenient for Council stakeholders to resolve their disputes through the conciliation process.

How long does the conciliation and arbitration process take?

  • When a conciliation hearing is scheduled, it is done so within 30 days of referral. Most conciliation hearings normally take 30 minutes to 1 hour.
  • However, when a conciliation matter remains unresolved the party can refer the matter to arbitration. This is a 90-day process.
  • It is important to note that the conciliation and arbitration processes need to be heard within 120 days.

What if I am not available on the date of the conciliation?

The matter remains unresolved.

What if there is no agreement at the conciliation hearing?

If the parties cannot reach an agreement at conciliation level, the matter remains unresolved and the dispute can be referred for arbitration.

How do I prepare for the conciliation hearing?

  • Document all the issues you wish to discuss.
  • All parties should be presentable and professional.
  • Be open-minded, courteous and willing to provide all the relevant facts. Being aggressive or stubborn will only make the process lengthier and more difficult to resolve.
  • Make sure you commit to the date and time of the hearing.

What do I bring to the hearing?

  • Notice of set down given to you by the Council.
  • A note on the history of the event, detailing the facts of the event.
  • It is also important that you know your facts, why you are at the hearing and the result that you require.

Who may represent me at the conciliation hearing?

An employee may appear in person at any proceedings before a commissioner or be represented by a member, official or office bearer of a registered trade union that the employee was a member of at the time the dispute arose.

An attorney or a consultant may not represent you at conciliation.

What types of outcomes are there at conciliation hearings?

There may be a variety of outcomes, but usually they are as follows:

  • Resolved through a settlement or;
  • Unresolved, where the referring party has the opportunity to escalate the dispute to arbitration.
  • The types of conciliation settlements include: financial settlements and/or reinstatements.

What is arbitration?

Arbitration is an escalation of the dispute resolution process in that it is lengthier and involves the use of a legal representative. It is essential that the involved parties attend the arbitration. Failure of both parties to attend will result in dismissal of the case.

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Council Offices
Johannesburg
Physical Address
29 & 31 de Korte Street
Braamfontein
2017
Postal Address
Private Bag X69
Braamfontein
2017
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011 403 1555
011 403 1726

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Pretoria
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401 Provisus Building
523 Church Street
Arcadia
Pretoria
0083
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P.O. Box 55625
Arcadia
0007
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012 440 8453

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Bloemfontein
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2nd Floor Room 208
2 President Brand Street
Bloemfontein
9301
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P.O. Box 4485
Bloemfontein
9300
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051 448 9480

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East London
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6th Floor Oxford House
86 Oxford Street
East London
5201
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P.O. Box 7075
Greenfields
5200
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043 722 2210

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Kimberley
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M Floor MBA Building
20 Currey Street
Kimberley
8301
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P.O. Box 3000
Kimberley
8300
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053 832 1081

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Klerksdorp
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Room 204 2nd Floor Jade
Square Corner Margaretha
Prinsloo & Oliver Tambo Avenue
Klerksdorp
2571
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P.O. Box 10053
Klerksdorp
2570
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018 462 8909

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Mbombela
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1st Floor Suite 101 Permanent Building
27 Brown Street
Mbombela
1001
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P.O. Box 1561
Mbombela
1200
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013 753 2326

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Polokwane
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Suite 106 Forum Three
23B Thabo Mbeki Street
Polokwane
0699
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P.O. Box 3602
Polokwane
0700
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015 291 2531

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Port Elizabeth
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1st Floor Fiveways Centre
62/64 Cape Road
Port Elizabeth
6001
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P.O. Box 20119
Humewood
6013
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041 374 1748

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Rustenburg
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1st Floor Room 103 Biblio Plaza Building
Corner Nelson Mandela & President Mbeki Roads
Rustenburg
0299
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P.O. Box 5010
Rustenburg
0300
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014 597 1547

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eMalahleni
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Ground Floor B.F. Boshielo House
10 Hofmeyer street
eMalahleni
1034
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P.O. Box 1731
eMalahleni
1035
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013 656 1509

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Cape Town
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Absa Building
141 Voortrekker Road
Corner Voortrekker Road & Van Eysen Street
Parow
7499
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Private Bag X22
Parow
7499
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021 930 6032

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George
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Ground Floor Liberty Building
98 Meade Street
George
6530
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P.O. Box 9753
George
6530
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044 874 4839

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Clanwilliam
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1st Floor Spar Complex
6 Main Road
Clanwilliam
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P.O. Box 205
Clanwilliam
8135
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027 482 1920

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Durban
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5th Floor Old Mutual Building
300 Smith street
Durban
4001
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Durban
4000
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031 307 6071

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New Castle
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4th Floor Room 402
Old Mutual Building
Corner Scott & Voortrekker Streets
Newcastle
2940
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P.O. Box 2604
New Castle
2940
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034 312 9470

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Pietermaritzburg
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Shop 12a Polly Shortts Centre
1 Claveshay Road
Cleland
Pietermaritzburg
3201
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P.O. Box 3653
Pietermaritzburg
3200
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033 396 3948

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2nd Floor Office 14
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Lakeview Terrace
Richards Bay
3900
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P.O. Box 61
Richards Bay
3900
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