READ THESE REQUIREMENTS BEFORE APPLYING FOR EXEMPTION
| 1) |
All applications for exemption shall be in writing (on an application form as provided by the Council) and shall be addressed to the Secretary of the Council for consideration by the Council meeting. |
| 2) |
All applications for exemption shall be substantiated, and shall include the following details:— |
| a) |
The period for which the exemption is required |
| b) |
The Agreement and clauses or subclauses of the Agreement from which exemption is required |
| c) |
Proof that the exemption applied for has been discussed by the employer, his employees and their respective representatives. The responses resulting from such consultation, either in support or against the application, to be included in the application. |
| 3) |
The Secretary of the Council shall place the application for exemption on the agenda of the next Council meeting, for decision. |
| 4) |
The Secretary of the Council shall provide the Council meeting with details of all the applications for exemption. |
| 5) |
The council meeting shall consider and decide on all written applications and when requested by the applicants or objectors to do so, may interview applicants or any objectors at its following meeting: provided that the Council meeting may defer a decision to a following meeting if additional substantiation, information or verbal representations are considered necessary to decide on the application for exemption |
| 6) |
Once the Council meeting has decided to grant an exemption, it shall issue a certificate and advise the applicant(s) within 14 days of the date of its decision. |
| 7) |
When the Council meeting decides against granting an exemption or part of an exemption requested, it shall advise the applicant(s) within 14 days of the date of such decision and shall provide the reason(s) for not granting exemption. |
EXEMPTION CRITERIA
| 1) |
An application for exemption shall be submitted to the Secretary of the Council on the prescribed form, and contain the following information: |
| a) |
The written and verbal substantiation provided by the applicant; |
| b) |
The extent of the consultation with the petition for or against granting of the exemption as provided by the employers or employees who are to be affected by the exemption if granted; |
| c) |
Terms of the exemption; |
| d) |
The infringement of basic conditions of employment rights; |
| e) |
The fact that competitive advantage is not created by the exemption; |
| f) |
The views on exemption from any employee benefit fund or training provision in relation to the alternative comparable bona fide benefit or provision, including the cost to the employee, transferability, administration management and cost, growth and stability; |
| g) |
The extent to which the process of exemption undermines collective bargaining and labour peace in the hairdressing and cosmetology industry; |
| h) |
Any existing special economic or other circumstances that warrant the granting of the exemption; |
| i) |
Reporting requirements to be met by the applicant, and the monitoring and re-evaluation provisions; and |
| j) |
Cognizance of the recommendations contained in the Report of the Presidential commission to Investigate the Labour Market Policy. |
Housing Development Agency Act, 2008
