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

Notices

National Bargaining Council for the Hairdressing, Cosmetology, Beauty and Skincare Industry

Extension to Non-parties of the Consolidated Main Collective Agreement

Terms and Conditions that will apply nationally

16. Employers' Organisation: Membership Fees

 

16.1 Every Employer who belongs to the Employers' Organisation shall pay a monthly membership fee in an amount calculated in terms of clause 16.3.

 

16.2 No Employer is compelled to become a member of the Employers' Organisation.

 

16.3 The monthly membership fee shall be set forth in annexure "C" hereto, which membership fee shall escalate per annum, as determined from time to time.

 

16.4 The monthly membership fees may be increased from time to time in the sole and absolute discretion of the Employers' Organisation.

 

16.5 The monthly membership fee shall be paid on or before the 7th (seventh) day of each succeeding month to the Employers' Organisation, care of the Council.

 

16.6 The Council shall prepare an analysis of all amounts received from Employers either by way of membership fees. The Council shall be entitled to deduct or receive a collection fee from the membership fees so collected, expressed as a percentage of the total of fees collected, which percentage will be determined and agreed upon from time to time by the parties to the Council.

 

16.7 The CEO shall cause to deposit all monies received in terms of this clause 16 into the Council's account and at the end of each month pay all membership fees received, to the Employers' organisation.

 

16.8 The Employers' organisation shall arrange for an annual audit of the membership fees received, within six months of its financial year by an auditor who:—
16.8.1 conducts the audit in accordance with generally accepted auditing standards;
16.8.2 report in writing to the Employers' organisation, and in this report expresses an opinion as to whether or not the Employers' organisation have complied with the provisions of its constitution relating to financial matters.

 

16.9 The Employers' organisation shall submit to the Council, within 30 (thirty) days of receipt of the auditor's report referred to in clause 16.8.2, a certified copy of that report.

 

16.10 Any person may inspect the auditor's report submitted to the Council in terms of clause 16.8.2 at the Council's head office

 

16.11 The Council shall provide a certified copy of, or extract from, the auditor's report to any person requesting such copy or extract.

 

16.12 Any dispute about the application or interpretation of the provisions of this clause 16 shall be resolved in terms of the provision of the Council's constitution.

 

16.13 Notwithstanding the provisions of clauses 15.2.2 to 15.9 and 16.5 to 16.7 above, the Employers' Organisation, when an Employer is recruited as a new member that is not registered with the Council, and whilst waiting for the Council to attend to the registration of and the submission of a return to the Employer as contemplated in clause 6.1 above or to record such Employer to be a member of the Employers' Organisation and furnish the Employer with a return:—
16.13.1 may collect the membership fees directly from such newly recruited Employer or Legal Owner until such time that the Employer or Legal Owner is properly registered with the Council and has been furnished with a return or the Employer or Legal Owner's membership with the Employers' Organisation has been properly captured by the Council and has been furnished with a return; and
16.13.2 whilst such membership fees are being collected by the Employers' Organisation, there will be no commission payable to the Council on the membership fees collected.