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

Notices

Bargaining Council for the Civil Engineering Industry: Extension of Registration and Administration Expenses Collective Agreement to Non-Parties

Part III

1. Registration

 

1.1 Every employer operating in this industry shall—
(i) Within one month of the date on which this Agreement comes into operation, and in the event of entering this industry after the publication under Section 32 of the Act by virtue of which this Agreement is binding, within one month of the date on which he so enters the industry, furnish to the General Secretary, a written statement, in the form obtainable from the council, setting forth his full name and residential address and, if the employer is a partnership, the full names and addresses of all partners, and, if the employer is a company, the full names and addresses of the Directors and General Secretary, and if the employer is a close corporation, the full names and addresses of the Members and General Secretary, the name and the address or addresses at which business is carried out, the activities, trades or occupations carried out, and also the number of employees employed: Provided that if this Agreement is superseded by a further amended agreement, an employer who holds a current certificate of registration issued under this section or in pursuance of a previous binding agreement, shall be deemed to have complied with the provisions of this subclause;
(ii) In the event of any change in the name or the address/s at which business is carried out at, or among the partners or, if the employer is a company or close corporation, a change of its General Secretary, or in the event of the sequestration of the employers estate, or if the employer is a company or close corporation, a change of the winding-up of the company or close corporation, or in the event of the transfer or abandonment of the business that is being carried out, or a change in activities or the acquisition or commencement of any other activities or business - furnish to the BCCEI General Secretary, within 14 days of the change, sequestration, winding-up, transfer, abandonment, acquisition or commencement, a written statement setting forth full particulars of the change, sequestration, winding-up, transfer, abandonment, acquisition or commencement, as the case may be.

 

1.2 The fact that any employer as contemplated in subclause 1.1 above may claim exclusion or exemption from any one or other Agreement or part of an agreement that is binding in the industry shall not exonerate him from complying with the requirements of sub clause 1.1 above.

 

1.3 The requirements of sub clauses 1.1 and 1.2 of this clause shall not be construed as an attempt by the Council to enforce the provisions of any particular Agreement administered by it, if such Agreement was not in the past binding on the employer and his employees or where exclusions and/or exemptions exist in favour of the employer and his employees.