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

Notices

Bargaining Council for the Metal and Engineering Industries

Consolidated 2021/2025 Plastic Industry Main Collective Agreement

Chapter 6

29. Technological Changes and Work Re-Organisation

 

(1) For the purpose of this clause technological change means the introduction by the employer of manufacturing equipment substantially different in nature or type from that previously utilised at the establishment or of substantial modifications to present manufacturing equipment.

 

(2) Notification
(a) The employer shall notify the union of any such technological change not less than ninety days prior to the implementation date of such change. This notice shall be given in writing and shall contain relevant information including:—
(i) The nature of the change;
(ii) the approximate date on which the employer proposes to effect the change;
(iii) the employees likely to be affected by the change;
(iv) the anticipated effect of the change on employees working conditions and terms of employment; and
(v) any other relevant information relating to the anticipated effects on employees including the change in skills.
(b) The provisions as contained in the Section 189 / 189A of the Act will be observed.

 

(3) Work Re-organisation

Where an employer intends introducing major work re-organisation which will substantially and materially affect the work of employees, the employer shall consult in an endeavour to reach agreement with the representative party trade unions represented at the establishment and any employee representative body to discuss the implications of the work re-organisation including:— the need to re-train employees affected by such work re-organisation; and — any possible impact on the health, safety and work environment of the affected employees. The provisions contained in the Section 189 / 189A of the Act will be observed.

 

(4) The employer shall notify the union of any such work re-organisation not less than 60 days prior to the implementation of such change.

 

(5) Where the introduction of work re-organisation may result in retrenchments or redundancies, the security of employment provisions of this agreement (section 30) and the Act shall be observed.