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

Notices

Bargaining Council for the Metal and Engineering Industries

Extension of the Registration and Administration Expenses Collective Agreement to Non-parties

Part lll

6. Registration

 

(1) Every employer operating in this Industry, as defined, excluding those employers referred to In clause 1(2) of this Agreement, shall

 

(a) 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 ls binding, within one month of the date on which he so enters the Industry, furnish to the Manager of the regional council In the area concerned;a written statement, In the form obtainable from a regional 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 secretary, and if the employer Is a close corporation, the full names and addresses of the members and secretary, the name and the address or addresses at which business Is carried on, the activities, trades or occupations carried out, IDs of employees and also the number of employees employed covered by this agreement: Provided that if this Agreement Is superseded by a further agreement, an employer who holds a current certificate of registration Issued under this section or In pursuance of a previous binding agreement,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 sub-clause;

 

(b) In the event of any change In the name or the address or addresses at which business is carried on, or among the partners or, If the employer Is a company or close corporation, of Its secretary, or In the event of the sequestration of the employer's estate, or If the employer Is a company or close corporation, of the winding-up of the company or close corporation, or In the event of the transfer or abandonment of the business carried on, or a change In activities or the acquisition or commencement of any other activities or business, furnish to the Manager of the regional council concerned, 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.

 

(2) The fact that any employer as contemplated in sub-clause (1) above may claim exclusion or exemption from any one or other Agreement that ls binding, in the industries shall not exonerate him from complying with the requirements of sub-clause (1) above unless the enterprise has a valid license for exemption.

 

(3) The requirements of sub-clauses (1) and (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.