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

Notices

Bargaining Council for the Furniture Manufacturing Industry

South Western Districts

Main Collective Agreement

Part l

C. Contributions and Deductions

44. Trade Union Contributions

Purchase

(1)

Every employer shall each week deduct from the wages of each of his employees who are members of the trade 'union that is a party to this Agreement such contribution as may be payable by such employee to the trade union. The amounts so deducted shall be as determined in the constitution of the trade union concerned. The contributions so collected shall be paid to the Secretary of the Council not later than the 15th day of each month following that in respect of which they are due.

(2)

(a)

An employer who is in arrears with payments in terms of subclause (1) and who fails after being warned in writing by the Council to forward the outstanding amounts, shall upon being notified by the Council in writing to do so, submit the amounts payable in terms of this clause week by week so as to reach the Secretary not later than the Friday following the pay day of the week in respect of which the amounts are due. An employer to whom the provisions of this paragraph have been applied may, only upon being notified by the Council in writing, revert to the payment of amounts payable in terms of this clause on a monthly basis, as provided in terms of subclause (1).

(b)

Should any amount due in terms of this clause not be received by the Council on the 15th day of the month following the month in respect of which it is payable, the employer shall forthwith be liable for and be required to pay the applicable interest in terms of the applicable rate in terms of the Prescribed Rate of Interest Act on such amount or on such lesser amount as remains unpaid at the rates prescribed by the Prescribed Rate . of the Interest Act, 1975, as amended, calculated from such 15th day until the day on which payment is actually received by the Council:

Provided that the Council shall be entitled in its absolute discretion to waive payment of such interest or part thereof in any individual instance. In the event of the Council 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 also be liable to forthwith pay any such costs of whatever nature, between attorney and client and all such costs and collection commission, and. the Council shall be entitled in its absolute discretion to allocate any payment made by the employer firstly by. the satisfaction of such costs, collection commission and interest, and thereafter the reduction of the overdue capital amount.