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

Notices

National Bargaining Council of SA Leather Industry

The Agency Shop Collective Agreement for Employees

Extension to Non-Parties of the Agency Shop Collective Agreement for Employees

Annexure A : Exemption and Exemption Appeal Policy and Procedure

8. Exemption Criteria

 

The Exemptions Committee and Independent Appeal Body must when considering an exemption application/appeal, take into account the following criteria:

 

(a) any written and/or verbal substantiation provided by the applicant

 

(b) fairness to the employer, its employees and other employers and the employees in the industry;

 

(c) whether an exemption, if granted, would undermine this Agreement or the collective bargaining process;

 

(d) whether it will make a material difference to the viability of a new business, or a business previously outside the jurisdiction of the Council;

 

(e) unexpected economic hardship occurring during the currency of The Agreement, and job creation and/or loss thereof.

 

(f) the infringement of basic conditions of employment rights;

 

(g) the fact that a competitive advantage might be created by the exemption;

 

(h) comparable benefits or provisions where applicable;

 

(i) the applicant's compliance with other statutory requirements such as the Occupational Injuries and Diseases Act or Unemployment Insurance; or any other factor which is considered appropriate.