Abstract
In 2007 the working conditions and remuneration of waiters in South Africa changed with the introduction of the Sectoral Determination 14, as an addition to the Basic Conditions of Employment Act no 75 of 1997. One important provision of the Sectoral Determination is the introduction of minimum wages for employees in the hospitality sector, including waiters. The aim of this paper is to investigate the working conditions and remuneration of waiters and to compare their actual working conditions with those stipulated by the above legislation. In order to achieve this aim, the research includes a literature review of the BCEA and Sectoral Determination as well as a survey amongst waiters in Kempton Park (South Africa), investigating the actual working conditions and remuneration of waiters. A comparative study of the actual working conditions is done and the results are compared with the available literature on the topic. From this analysis relevant policy recommendations are formulated.
Highlights
The principles of fairness and humaneness are central features of the labour market
The per annum increase in the minimum wages is based on the CPIX plus an additional 2% (Sectoral Determination 14, 2007:4)
The aim of this paper is to investigate the working conditions and remuneration of waiters in Kempton Park and to compare their actual working conditions with those stipulated by the above legislation
Summary
The principles of fairness and humaneness are central features of the labour market. fairness is not always ensured in the contract between employer and employee, because of unequal bargaining power. In 2006, the Department of Labour, with the assistance of the Human Sciences Research Council, conducted an extensive investigation on a national level into the remuneration and working conditions of workers in the hospitality sector. The per annum increase in the minimum wages is based on the CPIX plus an additional 2% (Sectoral Determination 14, 2007:4) This approach is similar to that followed in the domestic worker market (Matjeke, 2008:49-50). The Department of Labour made it clear, that only the two levels of wages exist, and no distinction is made between permanent, part-time and casual staff (DOL, 2007:1) Another amendment affecting the remuneration of waiters is the re-implementation of the “double pay” wage for working on a Sunday. Even though the working conditions are almost the same as those in the Basic Conditions of Employment Acts, previous studies still reported discrepancies between the legislated working conditions and the actual working conditions (Bell, 2005:1 and Germishuis, 2002:45)
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