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


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

Main Collective Agreement

20. Exemption Criteria



(1) An application for exemption shall be submitted to the Secretary of the Council on the prescribed form, and shall contain the following information;
(a) the written and verbal substantiation provided by the applicant;
(b) the extent of consultation with and the petition for or against the granting of the exemption as provided by employers or employees who are to be affected by the exemption if granted;
(c) the 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 proposed exemption undermines collective bargaining and labour peace in the Hairdressing, Cosmetology, Beauty and Skincare Trade;
(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) cognisance of the recommendations contained in the Report of the Presidential Commission to investigate the Labour Market Policy.