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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

9. Administration and Enforcement of this Agreement

 

9.1 The Council shall be responsible for the administration and enforcement of the provisions of this Agreement and may issue rulings in accordance with this Agreement,

 

9.2 The Council and/or any of its officials, Employees, and agents shall incur no liability whatsoever for any act executed in accordance with the provisions of this Agreement and:
9.2.1 in respect of any representation made as to practice, procedure or law; and
9.2.2 for any ruling as referred to in clause 9.1 above and/or interpretation of this Agreement.

 

9.3 The Council may from time to time determine any forms which may be required to be completed by the persons mentioned in sections 31 and 32 of the Act, in order to facilitate compliance with any provisions of this Agreement.

 

9.4 All Employers and Legal Owners shall be obliged to furnish the Council with a remittance advice or other written documentation, as may be determined by the Council from time to time, indicating such information that the Council in its sole discretion may require, including but not limited to the number of Employees employed in an Establishment, the Basic salary or wages paid to Employees and payment made for and on behalf of Employees.

 

9.5 Should an Employer be in default of its obligations in terms of this Agreement, all monies paid to the Council by virtue of the provisions of this Agreement shall:
9.5.1 first be allocated to settle the oldest debt in full on a monthly basis i.e. all of the oldest arrears for a specific month will first be settled where after the balance, if any, will be allocated to the month/s thereafter on the basis that all contributions for a specific month will be settled in full before moving to the next month;
9.5.2 be allocated to the under mentioned beneficiaries in the following order of preference:
9.5.2.1 Pension/Provident fund;
9.5.2.2 Sick Pay Fund;
9.5.2.3 Sick Benefit Fund;
9.5.2.4 Union Fees;
9.5.2.5 EOHCB Fees,
9.5.2.6 Council Fees;
9.5.2.7 Agency fees;
9.5.2.8 Bargaining levy;
9.5.2.9 Basic Council Fee (Only Area A);
9.5.2.10 Minimum Council Fee (Only Area A);
9.5.2.11 Penalties;
9.5.2.12 RD Fee;
9.5.2.13 Legal Fees;
9.5.2.14 Interest on Pension Fund/Provident Fund

 

9.5.3 Should the payments received from Employers or Legal owners not specify a specific beneficiary, the payment so received will be allocated to the next beneficiary in the aforesaid order and so on until the payments received are sufficient to settle a beneficiary in full;

 

9.5.4 once the aforesaid allocation have been made, the Council will proceed to pay the beneficiaries, recorded in clause 9.5.2 above, accordingly;

 

9.5.5 the remittance advice or written document dispatched by the Employer to the Council on the date of payment shall indicate in respect of which Employees payment was made, for which beneficiary, what amount towards each beneficiary and time period for which the payment is made.

 

9.6 Every Employer shall be obliged to make available a legible copy of this Agreement to its Employees in the Establishment, which shall be readily accessible.

 

9.7 Notwithstanding anything to the contrary herein contained or implied by law, each and every term and condition of this Agreement shall be deemed to be separate and severable from the other terms hereof. If any term is found to be vague or invalid or unenforceable, that term shall be treated as pro non scripto and shall in no way affect the validity of the remaining terms and provisions hereof.

 

9.8 An Employer shall afford an Employee, who is a representative or alternate of the board of the Council reasonable opportunity to attend to or execute his or her duties as representative or alternate of the board.

 

9.9 Any person who is obliged to give notice to the Council in accordance with the provisions of this Agreement shall do so in a manner as to ensure that the  Council receives such notice. The person that dispatches the notices shall bear the onus to prove that it was dispatched.