| (1) |
Any employee who is a member of the trade union party to the Council may authorise the employer in writing to deduct subscriptions or levies payable to the trade union from the employee"s wages. |
| (2) |
An employer who receives an authorisation in terms of subclause (1) must begin making the authorised deduction as soon as possible and must remit the amount deducted to the Regional Chamber in whose area of responsibility the employer’s business falls by not later than the 14th day of the month first following the date each deduction was made. |
| (3) |
An employee may revoke an authorisation given in terms of subclause (1) by giving the employer and the trade union one month"s written notice. |
| (4) |
An employer who receives a notice in terms of subclause (3) must continue to make the authorised deduction until the notice period has expired and then must stop making the deduction. |
| (5) |
With each monthly remittance the employer must give the relevant Regional Chamber of the Council – |
| (a) |
a list of the names of every member from whose wages the employer has made the deductions that are included in the remittance; |
| (b) |
details of the amounts deducted and remitted and the period to which the deductions relate; and |
| (c) |
a copy of every notice of revocation in terms of subclause (3). |
| (6) |
HIV/AIDS Contribution — |
| (a) |
Every employer to whom this part of the Agreement applies shall each week for each employee in his employ contribute an amount of 62 cents to the SACTWU HIV/AIDS Project. |
| (b) |
The amount shall be submitted to the Regional Secretary of the Regional Chamber of the Council in whose area of responsibility the employer"s business fall, by not later than the 14th day of the month first following the month in respect of which the payment is due. |
| (c) |
The total amount so collected by the Council shall be transferred to SACTWU"s Finance Department. |
[Clause 36(6)(a) substituted by section 2 of Part I of Notice No. R.80, GG42979, dated 31 January 2020]
| (7) |
Trade Union Agency Shop |
| (a) |
Scope- Agency fees will apply to employees who – |
| (i) |
are not members of the trade union party, but are eligible for membership thereof; |
| (ii) |
are not bound by the provisions of the closed shop clause; and |
| (iii) |
fall within the scope of this part of the Agreement. |
| (b) |
Union membership: Employees are not compelled to become members of the trade union party. |
| (c) |
Agency fee deductions: Every employer to whom this clause applies shall: |
| (i) |
deduct from the wages of an employee an amount equivalent to the union subscription; and |
| (ii) |
pay such monies to the Regional Secretary of the Regional Chamber of the Council in whose area of responsibility the employer"s business fall, by not later than the 14th day of the month first following the month in respect of which the payment is due. |
| (iii) |
the deduction of the agency fee may be made from the wages of an employee without the employee’s authorisation as provided for in section 25(4) of the Act. |
| (d) |
Payment of agency fees: The Regional Secretary shall pay the received trade union agency fee deductions to the trade union by not later than the end of the month in which the fees were received. |
| (e) |
Utilisation of agency fees: No agency fee deducted may be — |
| (i) |
paid to a political party as an affiliate fee; |
| (ii) |
contributed in cash or kind to a political party or a person standing for election to any political office; or |
| (iii) |
used for any expenditure that does not advance or protect the socio-economic interests of employees. |
Contingency Fees Act, 1997
