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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 II

1. Contributions

 

1.1 The provisions of this clause shall apply in respect of all employees and employers as defined in Clause (2) in Part 1 of this Agreement.

 

1.2 For Employees falling within the Bargaining Unit, BCCEI Administration levy contributions shall be made by employers in the manner specified hereunder, taking into regard that contributions are capped at the published wage rate applied to a Task Grade 9 employee from time to time:
(i) From the wages of every employee to whom this Agreement applies, the employer shall, each week, including weeks on which the employee is absent or on paid leave, deduct a percentage of 0.425% . This contribution is in respect of an administration and dispute resolution levy.
(ii) To the amount deducted in terms of paragraph (i) above, the employer shall add an equal amount and forward the total sum to the Council each month.

 

1.3 For employees that do not fall within the Bargaining Unit, a BCCEI dispute levy shall be made by employers in the manner specified hereunder, taking into regard that the levy is capped at the Earning Threshold as determined by the Minister of Labour in terms of section 6(3) of the Basic Conditions of Employment Act, 1997, found in Chapter 2 (Regulation of working time), Clause 6(3)
(i) A contribution of 0.125% shall be deducted from all employees' basic salary including for periods on which the employee is absent or on paid leave, in respect of a dispute resolution levy.
(ii) To the amount deducted in terms of paragraph (i) above, the employer shall add an equal amount and forward the total sum to the Council each month.

 

1.4 Every employer must submit one levy return with two file attachments for scheduled and non-scheduled employees every month with all the required information using the on-line portal system only.  No Manual returns will be accepted.  The employer shall submit the amounts payable each month in terms of sub clause (1.2) and (1.3) above for each employee.

 

1.5 Payments in terms of 1.4 must be made by no later than close of business on the 7th Day of the subsequent month.

 

1.6 For the purposes of this sub clause only, "the Act" means the Usury Act, 1968.
1.6.1 If any amount that falls due in terms of this clause is not received in full by the Council by the 7th day of the month following the month for which the amount is payable, then the employer shall be liable to pay interest in accordance with the following provisions;
(i) The interest payable shall accrue on the balance of the amount outstanding from time to time from the 7th day until the full amount is received by the Council.
(ii) The interest shall accrue at the same effective rate as the applicable maximum annual finance charge rates as if the amount outstanding were a "credit transaction" for the purposes of the Act.
(iii) In the event of the BCCEI incurring any costs or becoming obliged to pay any collection commission by reason of the failure of the employer to make any payment on or before the due date, the employer shall then be liable to pay forthwith all such costs of whatever nature as between attorney and client and all such collection commission.