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

Notices

Bargaining Council for the Hairdressing and Cosmetology Services (Semi-National)

Main Collective Agreement

27. Designated Agents

 

 

27.1 The Minister, on request of the council, shall appoint one or more persons to be designated agents to assist in giving effect to the terms of this agreement, including the issuing of compliance orders requiring any person bound by this Collective Agreement to comply within twenty one days.

 

27.2 Such designated agent of the council shall promote, monitor and enforce compliance with this Agreement.

 

27.3 An appointed designated agent of the council—
27.3.1 may secure compliance with the Council's collective agreement by—
27.3.1.1 publicising the contents of the Agreement;
27.3.1.2 conducting inspections;
27.3.1.3 investigating complaints; or
27.3.1.4 any other means the council may adopt.
27.3.2 may perform any other functions that are conferred to or imposed on the designated agent by the council;
27.3.3 shall have all the powers set out in Schedule 10 of the Labour Relations Act, No. 66 of 1995;
27.3.4 may issue a compliance order requiring any person to comply with the Collective Agreement within 21 days of the date of the compliance order;
27.3.5 may, in terms of section 33 (3) read with section 142 of the Labour Relations Act, No. 66 of 1995, enter any establishment or workplace, whatsoever or whosesoever, including private  residences, to—
27.3.5.1 question any employer during the course of such inspection;
27.3.5.2 inspect the record of wages and remuneration paid, time worked, and payments made for overtime.

 

27.4 It shall be the duty of every employer and employee to permit a designated agent to institute any enquiries and to examine any books and/or documents and to question any responsible persons as may be necessary for the purpose of ascertaining that the terms of this Agreement are being observed by the employer.

 

27.5 The following actions by an employer or one of its employees shall constitute an offence :
27.5.1 obstructing or attempting to improperly influence a designated agent who is performing a function in terms of this Agreement;
27.5.2 presenting or submitting a false or forged document;
27.5.3 pretending to be a designated agent of the council performing a function in terms of this Agreement;
27.5.4 refusing or failing to fully answer any lawful question put by a designated agent in the performance of his duties in terms of this Agreement;
27.5.5 refusing or failing to comply with any lawful request, or lawful order by a designated agent in the performance of his duties in terms of this Agreement;
27.5.6 hindering or obstructing a designated agent in the performance of his duties in terms of this Agreement;

 

27.6 The penalty prescribed in section 92 and 93 of the Basic Conditions of Employment Act, No. 75 of 1997, shall be imposed on anyone found guilty of committing any of the above offences.