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

Notices

National Bargaining Council for the Clothing Manufacturing Industry

Main Collective Agreement

Part C : Provisions for the KwaZulu-Natal Region

30. Agents

 

 

(1) The Council may request the Minister of Labour to appoint one or more specified persons as designated agents to assist in enforcing the terms of this part of the Agreement.

 

(2) Any such designated agent shall have the right to—
(a) subpoena for questioning any person who may be able to give information relevant to the enforcement of this part of the Agreement;
(b) subpoena any person who is believed to have possession or control of any book, document or object relevant to the enforcement of this part of the Agreement, to appear before the agent to be questioned or to produce that book, document or object;
(c) enter and inspect any premises or place in which the Clothing Industry is carried on at any time when he has reasonable cause to believe that any person is employed therein, or that a book, document or object relevant to the enforcement of this part of the Agreement may be found on or in the premises;
(d) examine and demand the production of and seize of any notice, book, list or document which is by this part of the Agreement required to be kept, exhibited or made or which is relevant to the enforcement of this part of the Agreement;
(e) require the production of, inspect, examine and copy all records of time worked, clock cards, books or documents wherein an account is kept of time worked or actual wages, or rates whether payable for piece-work or not, paid to any employee whose wages are fixed by this part of the Agreement;
(f) take a statement in respect of any matter relevant to the enforcement of this Agreement from any person on the premises who is willing to make a statement.

 

(3) A subpoena issued for any purpose in terms of subclause (2) shall be signed by the Secretary of the Council and shall—
(a) specifically require the person named in it to appear before the agent;
(b) sufficiently identify the book, document or object to be produced; and
(c) state the date, time and place at which the person is to appear.

 

(4) A designated agent shall obtain written authorisation from the Secretary of the Council before exercising the powers referred to in paragraphs (c), (d) and (f) and subclause 2.

 

(5) Such designated agent when entering, inspecting or examining any such place, may take with him an interpreter.

 

(6) Every employer and employee upon whom the provisions of this part of the Agreement are binding shall grant to such designated agent all the facilities referred to above.