| 16.1 |
LEVIES AND RETURNS TO THE COUNCIL |
| 16.1.1 |
For the purposes of meeting the expenses of the Council, every employer shall deduct R12.00 per week from the earnings of each of his employees, in respect of whom wages are specified in terms of clause 6 of this collective agreement. |
[Clause 16(16.1)(16.1.1) substituted by section 6 of Notice No. R. 29, GG44090, dated 22 January 2021]
| 16.1.2 |
To the amount so deducted, the employer shall add a like amount per week per employee and forward the total sum of R24.00 per week per employee to the Secretary of the Council, by electronic fund transfer to the Council account, month by month, not later than the 10th day of each subsequent month, together with an email statement setting out all the relevant details as are specified in sub-clauses 16.1.5 and 16.1.5.1 hereunder. |
[Clause 16(16.1)(16.1.2) substituted by section 6 of Notice No. R. 29, GG44090, dated 22 January 2021]
| 16.1.3 |
Such deduction and addition shall also be made when an employee is being paid in terms of clauses 6.1.1 and 8 and 9 of this collective agreement and shall be made in full even in the event of any employee being paid less than, a full week's wages. |
| 16.1.4 |
The Council may, whenever it considers such a step necessary, either increase or reduce the amount to be deducted, or suspend deductions for a period or periods, which it shall specify. |
| 16.1.5 |
The total amount of levies deducted from the earnings of employees and contributed by employers in terms of sub-clauses 16.1.1 and 16.1.2 of this clause, respectively, shall be paid each month to the Council and shall be accompanied by a written or electronic statement containing the following details: |
| 16.1.5.1 |
The total number of employees employed and the total amount of levies remitted in respect of such employees; and |
| 16.1.5.2 |
in respect of all employees, including apprentices— |
| 16.1.5.2.1 |
the family name, initials, sex, date of birth, occupation and identity number. (In the case of an employee who is not a South African citizen a passport number and a work permit number); |
| 16.1.5.2.2 |
the amount of the levy remitted in respect of each employee; |
| 16.1.5.2.3 |
the date on which service began or the date on which service ended, in the case of employees whose employment began or ended since the details were last submitted. |
| 16.1.6 |
Every employer shall pay the total amount of the levies payable and render the statement of details required each month in terms of sub-clause 16.1.5 of this clause to the secretary of the Council concerned by not later than the 10th day of the month immediately following the month to which the levies and details relate. |
| 16.1.7 |
The postal address and email address of the secretary of the Council is as follows: |
P O Box 9890, Johannesburg, 2000, or
[email protected]
| 16.1.8 |
Forms prepared specifically for the inclusion of the details required by this clause are obtainable on application from the secretary of the Council. |
| 16.1.9 |
Subject to the provisions of clause 25 of this Agreement, should any amount due in terms of this clause not be received by the Council by the 10th day of the month following the month in respect of which it is payable, the employer shall pay interest on such amount or on such lesser amount as remains unpaid, calculated at the rate prescribed in clause 25 of this Agreement from such 10th day until the day upon which payment in cash is actually received by the Council concerned: Provided that a Council shall be entitled in its absolute discretion to waive the payment of such interest or part thereof. |
| 16.1.10 |
The Council shall allocate all payments received from employers, including amounts which are not paid on due date or amounts which are due in terms of arbitration award, for the relevant period for which such payment is applicable. |
An amount of 0.50 cents per week, per employee, shall be payable by each employer to the Bargaining Council in respect of an HIV/AIDS Fund, which will be administered by the Bargaining Council. The Contribution shall entitle the employer and employee parties to access training and education towards the fight against HIV/AIDS in the workplace. Contributions shall be made by all employers.
Basic Conditions of Employment Act, 1997
