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

Notices

National Bargaining Council for the Electrical Industry of South Africa:

Extension of Consolidation of Collective Agreement to Non-parties

Part I

33. Registration of Employers and Employees

 

 

(1)
(a) Every employer in the Electrical Industry shall, within 30 days of the date of coming into operation of this Agreement, register with the Council by forwarding to the Secretary of the Council the following particulars, on the form prescribed by the Council, together with the registration fee prescribed:
(i) Full name of business,
(ii) business address,
(iii) full names of owners/partners/directors/members,
(iv) residential address of owners/partners/directors/members,
(v) the registration fee determined by the Council from time to time and provided that it shall not exceed R1,000.00;
(vi) the name of the registered person who is employed in a full-time capacity, in terms of the Electrical Installation Regulations, 2009;
(vii) the full names of all other employees employed by him, including identity numbers, categories of employment, and, in respect of each individual employee or employer, any additional personal particulars as may be required by the Council, and by endeavouring to submit the completed beneficiary form to Council within 30 days of date of registration.
(viii) an electrical contractor's certificate of registration issued by the Chief Inspector, or a person appointed by him in terms of the Electrical Installation Regulations, 2009, made under the Occupational Health and Safety Act, 1993,
(ix) satisfactory proof of registration with the Unemployment Insurance Fund, the Compensation Fund Commissioner, the relevant local authority and the South African Revenue Service.

The requirements prescribed by this paragraph shall be maintained during the period of registration, and evidence of the continued validity thereof shall be produced at the request of the Council. If there is any change to the above requirements, the Council shall be notified within 30 days.

(b) An employer who has already, prior to the date of coming into operation of this Agreement, furnished the particulars required under this clause shall be deemed to have complied with the provisions thereof and to be registered with the Council.
(c) Employers entering the Industry after the date of coming into operation of this Agreement shall register with the Council and shall furnish the particulars required under paragraph (a) above within 30 days of commencing operations.
(d) Should the business cease to exist, the Council shall be notified within 30 days and all certificates issued by the Council or the Electrical Contracting Board of South Africa shall be returned to the Council within the same period.

 

(2) Every employer to whom this Agreement applies, but who is not registered in terms of the provisions of subclause (1) (a) of this clause, shall be deemed to be registered from the date of commencement of his business and shall observe the provisions of this Agreement.

 

(3) All applications for registration shall be made directly to the Secretary of the Council in the area in which the employer is operating or intends to operate his business.

The postal addresses of the Regional Councils are—

Bloemfontein :   PO Box 1379, Bloemfontein, 9300

Cape :                     PO Box 1220, Parow, 7499

East London :       P.O. Box 19852 Tecoma, East London, 5214.

Gauteng :              PO Box 31402, Braamfontein, 2017

George :                P.O. Box 1952, George, 6529

KwaZulu-Natal : PO Box 722, Durban, 4000.

Nelspruit :            P.O. Box 19646, The Village Mall, Nelspruit.1200

Polokwane :        P.O. Box 2478, Polokwane. 0700

Port Elizabeth :  PO Box 27287, Greenacres, 6057

Pretoria :              P.O. Box, 12011, Hatfield, 0028

 

(4)

(a) Every employer who is not a member of the employers' organisation and who has in his employ the categories of employees for whom basic minimum wages are prescribed in terms of clause 4 of Part 11 of this agreement shall be required to pay to the Council a levy amounting to R2.00 per such employee per week
(b) The amounts paid to the Council in terms of paragraph 4(a) above shall be deposited in a separate bank account and may be invested by the Council in paid up shares, fixed deposits or savings accounts with any bank.
(c) In the event of the insolvency of any employer who is registered with Council and who is not a member of the employers' organisation, the Council shall pay leave pay which has accrued to the employees of that employer: Provided that the liability of the Council shall be limited to the total moneys collected and deposited in terms of paragraph (b) above: provided further that the employees so compensated cede their claims to the Council and that the Council have the right to claim any amount so paid out from the insolvent estate.
(d) Employers who are members of the employers' organisation shall be exempted from paying the levy referred to in paragraph (a) above.
(e) The employers' organisation shall establish and maintain a fund for the purpose of paying leave pay which has accrued to the employees of its members registered with the Council in the event of the insolvency of such members: Provided that the opening balance of such fund at the commencement of each year shall be maintained at R500,000.00.
(f) In the event of insolvency of any employer who is registered with the Council and who is a member of the employers' organisation, the employers' organisation shall pay leave pay which has accrued to the employees of that employer: Provided that the liability of the employers' organisation shall be limited to the total moneys available in the fund in the year in which the insolvency occurred: Provided further that the employees so compensated cede their claims to the employers' organisation and that the employers' organisation have the right to claim any amount so paid out from the insolvent estate.