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Labour Relations Act, 1995 (Act No. 66 of 1995)

Notices

Bargaining Council for the Hairdressing, Cosmetology, Beauty and Skincare Industry (Pretoria)

Main Collective Agreement

19. Exemptions

 

 

(1) All applications for exemption shall be in writing (on an application form as provided herein as Annexure "Gl and G2") 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 particulars as required in Annexure G and the following details:
(a) the period for which the exemption is required;
(b) the Agreement and clauses or sub-clauses 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 of or against the application, shall 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 an exemption.