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and up to date, however the NBCRFLI will not be held liable by any party in the event of erroneous, inaccurate and or outdated information published in the mobile application.
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.
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.
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.
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:
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;
"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 (articulated)" means a motor vehicle (articulated), the gross combination mass of which exceeds 3 500 kg but not 9 000 kg.
"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 (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 (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.
"Ultra-heavy motor vehicle" means a motor vehicle, the gross vehicle mass or gross combination mass of which exceeds 25 000 kg.
"despatch clerk" means an employee who -
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.
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.
To enrol for treatment and medication, call CareWorks on the toll-free call centre, 0800 212 768 during the office hours.
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:
|Improved NBCRFLI Health Plan Benefits under new Service Provider (valid as of 1 January 2015)|
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 firstname.lastname@example.org 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.
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:
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:
For downloadable Provident Fund forms and information on contributions, benefits and claims, go to www.rflipfund.co.za
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.
Kindly contact your local designated agent should you have any questions.
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:
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.
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.
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.
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:
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)
Please note that the case management officer will assist you in filling out your dispute forms, if you need help.
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.
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.
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.
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:
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.
The main purpose was to simplify the Main Collective Agreement with specific attention to grammar, language, contradictions and other errors.
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.
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.
The Agreement shall apply to:
No, the scope has not been amended. It refers to the RSA where previously it referred to Magisterial Districts in the RSA.
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.
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.
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.
45 Hours per week made up as follows:
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.
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.
Claims may be submitted on a monthly basis.
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
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.
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.
The schedule has been blocked as a result of either outstanding monthly returns, rejected banking details or AWOL claims.
Yes. Employers are still required to make the necessary deductions on a weekly/monthly basis.
As from 1 February 2014 all trade union subscriptions must be paid to the trade union concerned and not to the Council.
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).
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.
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.
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.
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.
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.
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 is based on the number of years of service with one employer in the Industry and are calculated as follows:
Leave pay contributions will no longer be calculated on shifts but on the following basis:
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.
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.
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.
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.
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.
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.
Yes, on completion of 36 months (3 years) after commencing employment or from the date that the previous sick leave cycle expires.
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
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
Yes on the same basis as set out under the leave pay questions and answers above.
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.
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.
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.
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:
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.
"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.
It is calculated at 36.08% of an employer's normal basic weekly wage. Refer to Contributions & Levies
No, shifts are no longer being used to calculate holiday pay bonus contributions.
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).
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.
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.
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
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.
Employer contributes 10% of each employee’s basic weekly wage. Employee contributes 10% of basic weekly wage. Refer to Contributions & Levies
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.
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.
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.
No, as from 21 April 2013 no VAT is payable on Council levies.
At least R50-00. Click here for further information.
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.
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.
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.
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:
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.)
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.
The matter remains unresolved.
If the parties cannot reach an agreement at conciliation level, the matter remains unresolved and the dispute can be referred for arbitration.
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.
There may be a variety of outcomes, but usually they are as follows:
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.
You can download the following agreements by clicking on the corresponding PDFs below.