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

Notices

National Bargaining Council For The Road Freight And Logistics Industry: Extension to Non-Parties of the Main Collective Amending Agreement

COVID-19 Personal Protective Equipment Main Collective Agreement - Extension to non-parties

I. Monitoring and Enforcing the Agreement

 

(1) Designated agents are empowered to enforce the provisions of this Agreement as promulgated by the Minister of Employment and Labour in terms of regulation 10(8) issued by the Minister of Cooperative Governance and Traditional Affairs in terms of section 27(2) of the Disaster Management Act, 2002 (Act No. 57 of 2002).

 

(2) An Agent designated in terms of section 33 of the Labour Relations Act 66 of 1995, may perform any of the functions in section 33(1A) of the Labour Relations Act and exercise any of the powers listed in schedule 10 of the Labour Relations Act 66 of 1995 in order to monitor compliance with this Agreement. The powers of Designated Agents as listed in aforesaid mentioned schedule 10 of the Labour Relations Act 66 of 1995 are as follows:
(i) A designated agent may, without warrant or notice at any reasonable time, enter any workplace or any other place where an employer carries on business or keeps employment records, that is not a home, in order to monitor or enforce compliance with this agreement.
(ii) If it is practicable to do so, the employer and the relevant trade union representing employees at the workplace must be notified that the designated agent is present at a workplace and of the reason for the designated agent's presence.
(iii) in order to monitor or enforce compliance with this agreement a designated agent may—
a. require a person to disclose information, either orally or in writing, and either atone or in the presence of witnesses, on a matter to which this agreement relates, and require that disclosure to be under oath or affirmation;
b. inspect and question a person about any record or document to which this agreement relates;
c. copy any record or document referred to in paragraph (b) above or remove these to make copies or extracts;
d. require a person to produce or deliver to a place specified by the designated agent any record or document referred to in paragraph (b) above for inspection;
e. inspect, question a person about, and if necessary remove, an article, substance or document present at a place referred to in sub items 2(i) and (ii) above;
f. question a person about any work performed; and
g. perform any other prescribed function necessary for monitoring or enforcing compliance with this agreement.
(iv) A designated agent may be accompanied by an interpreter and any other person reasonably required to assist in conducting an Inspection.
(v) A designated agent must—
a. produce on request a copy of the authorization referred to in sub item 2(iii) above;
b. provide a receipt for any record or document removed in terms of sub item (v)(a); and
c. return any removed record, document or item within a reasonable time.
(vi) Any person who is questioned by a designated agent in terms of sub item (v) must answer all questions lawfully put to that person truthfully and to the best of that person's ability.
(vii) An answer by any person to a question by a designated agent in terms of this item may not be used against that person in any criminal proceedings, except proceedings in respect of a charge of perjury or making a false statement.
(viii) Every employer and each employee must provide any facility and assistance at a workplace that is reasonably required by a designated agent to effectively perform the designated agent's functions.
(ix) The Bargaining Council may apply to the Labour Court for an appropriate order against any person who—
a. refuses or fails to answer all questions lawfully put to that person truthfully and to the best of that person's ability;
b. refuses or fails to comply with any requirement of the designated agent in terms of this item; or hinders the designated agent in the performance of the agent's functions in terms of this item.
(x) Should an employer fails to comply with any of the provisions of this Agreement, a designated agent is entitled to issue compliance order against such an employer.