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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 I : Provisions for the Non-Metro Areas

30. Registration of Employees

 

 

(1) No employer shall require his employees to work and no employee shall work in premises other than an establishment provided, equipped, maintained and controlled by such employer, and which shall be registered with the Council in terms of Clause 29 of this part of the Agreement.

 

(2) An employer shall not allow any work in the Clothing Industry to be performed in a dwelling-house.

 

(3) No employee engaged in the employ of one establishment may perform work in another establishment without first having been discharged by the first establishment and re-registered by the second establishment.

 

(4) An employer shall, before engaging an applicant for work, require the applicant to produce a service card issued by the Council. If the applicant is a new entrant into the Clothing Industry or cannot produce a Council service card, the provisions of sub-clause (5) (c) below shall apply.

 

(5) Upon engagement, the employer shall—
(a) enter in the relevant columns of the service card: the name of his factory, the date of engagement, occupation, wage on engagement and total previous experience and shall retain the card in safekeeping so that it can be dealt with in terms of sub-clause (7) upon termination of service of the employee; and
(b) complete a "Registration of Employee" form either electronically as contained on the Council’s website, or in triplicate, forward the original to the Regional Chamber in whose area of responsibility the employer's business falls, not later than Friday of that week, hand the duplicate copy to the employee and retain the triplicate copy for his records; and
(c) in the case of an employee who is a new entrant into the Industry or an employee who cannot produce a Council service card—
(i) complete the "Registration of Employee" form either electronically as contained on the Council’s website, or in triplicate and send the original and duplicate copy together with a copy of the employee’s identity document to the Regional Chamber in whose area of responsibility the employer's business falls, where he will be allocated a Council registration number, issued with a Council service card and be registered in the employ of the employer. The triplicate copy shall be retained by the employer for his records;
(ii) the employer shall acquire the service card of the employee before he commences work and the employer shall retain same until the employee's services are terminated and the service card is dealt with in terms of sub-clause (4).

 

(6) An employer shall forward to the Regional Chamber in whose area of responsibility the employer's business falls, for amendment the service card of any employee who is transferred from one category to another, the latter of which requires a higher rate of remuneration, within seven (7) days of such transfer.

 

(7) The service card shall be retained by the employer until the employee leaves his employer, whereupon the employer shall enter on the card the date of termination of employment, the occupation and the rate of pay on termination, and return the card to the employee after signing it.

 

(8) On the Friday of the week during which an employee's services are terminated, the employer shall forward to the Regional Chamber in whose area of responsibility the employer's business falls, a report of termination of service stating the reason for the employee’s termination of service.

 

(9) The Council shall have the power to withdraw any record of service card which is subsequently found to contain incorrect information. The Council shall upon being furnished with the correct information, issue a fresh record card in lieu thereof.