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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

27. Compliance Order

 

 

(1) A Designated Agent who has reasonable grounds to believe that an employer has not complied with a provision of this Collective Agreement may issue a compliance order.

 

(2) A compliance order shall set out—
(a) the name of the employer and location of every workplace, to which it applies;
(b) any provision of this Collective Agreement that the employer has not complied with, and details of the conduct instituting non-compliance; with, and details of the conduct instituting non-compliance;
(c) any amount that the employer is required to pay to an employee or the Council;
(d) any written undertaking by the employer in terms of Clause 26 (1) and any failure by the employer to comply with a written undertaking;
(e) any steps that the employer is required to take including, if necessary, the cessation of the contravention in question and the period within which those steps are to be taken.

 

(3) A Designated Agent must deliver a copy of the compliance order to the employer named in it, and to each employee affected by it or, if this is impractical, a representative of the employees.

 

(4) The employer must display a copy of the compliance order prominently at a place accessible to the affected employees at each workplace named in it.

 

(5) An employer must comply with the compliance order within the time period stated in the order unless the employer or employee objects in terms of clause 29.

 

(6) Despite the provisions of sub-clause (3) above, the failure to deliver a copy of the compliance order to the employers, employees or their representatives shall not make the compliance order invalid.