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


National Bargaining Council for the Clothing Manufacturing Industry

Main Collective Agreement

Part A : Provisions for the Eastern Cape Region

17. Trade Union Agency Shop



(1) Scope- Agency fees will apply to employees who—
(a) are not members of the trade union party, but are eligible for membership thereof;
(b) are not bound by the provisions of the closed shop clause; and
(c) fall within the scope of this part of the Agreement.


(2) Union membership: Employees are not compelled to become members of the trade union party.


(3) Agency fee deductions: Every employer to whom this clause applies shall:
(a) deduct from the wages of an employee an amount equivalent to the union subscription; and
(b) pay such monies to the Regional Secretary of the Cape Regional Chamber of the Council, P O Box 1142, Woodstock, 7915, not later than the seventh day of the month of having made such deductions.
(c) deduct the agency fee from the wages of an employee without the employee’s authorisation as provided for in section 25(4) of the Act.


(4) 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.


(5) Utilisation of agency fees: No agency fee deducted may be—
(a) paid to a political party as an affiliate fee;
(b) contributed in cash or kind to a political party or a person standing for election to any political office; or
(c) used for any expenditure that does not advance or protect the socio-economic interests of employees.