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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

Appendix B : Bargaining Council for the Civil Engineering Industry: Exemption and Appeal Policy

Exemption Application Form

 

Important note for management:

If the Bargaining Council does not receive your completed form with supporting documentation within 30 days after the extension to non-parties the council will accept that you no longer require this exemption and the file will be closed.

 

APPLICATION FOR EXEMPTION QUESTIONNAIRE

 

DATE OF THIS APPLICATION: ...................................................

 

PART 1

REGISTRATION DETAILS:

1.1 Council Registration Number: ....................................
1.2 Date of  Registration with the Council: .......................
1.3 Name of Company/Firm: ...........................................
1.4 Street address: ..........................................................
1.5 Telephone Number: ...........Fax Number: ..................
1.6 E-mail Address: .........................................................
1.7 Contact person: .........................................................
1.8 Name of Employer Organisation: ...............................
1.9 Activities of company: ...............................................

 

PART 2

LABOUR DETAILS:

2.1 Total Number of Employees: ......................
2.2 Total Number of Scheduled Employees: .....
2.3 Names of Trade Union/s involved: ..............
2.4 Are the "Wage and Task Grade Agreement" Rates for 2012 and 2013 being paid?    [YES]                    [NO]
2.5 If No, please specify the % of the Rates presently being paid: ........

 

PART 3

EXEMPTION DETAILS:

3.1

Specify exemption applied for:  .................................

3.2

Are any Director/s - Member/s - partner/s - owner/s of the firm a Shareholder in any other Business? if yes, please specify:

..................................................................................


3.3

Specify by ticking, whether the Exemption will affect:

[Workshop]

[Site]

[All Employees]

3.4

Have Trade Union/s been consulted?

[NA]

[YES]

[NO]

3.5

Date of consultation/s: ...........................................

3.6

Did Trade Union/s support the Application?

If not, why? .................................................

[NA]

[YES]

[NO]

3.7

Have affected employees been consulted?

[NA]

[YES]

[NO]

3.8

Did affected Employees support the Application?

If not, why? .................................................

 

[YES]

[NO]

3.9

Has the following been attached to this Application:

3.9.1 Minutes of Meetings with Employees and Trade Union?

 

[YES]

[NO]

3.9.2 Signatures of Trade Union Official/s who attended the meeting?

 

[YES]

[NO]

3.9.3 Signatures of employees who attended the Meeting?

If not, please state reason: ...........................

 

[YES]

[NO]
3.10 Has the company/firm during the past 12 months worked: (please tick)

[short time] [embarked on layoffs] [retrenched employees]

Please supply details (e.g.: specify date/s - period/s and number of employees affected:)

.....................................................................

3.11 Is the company's contributions paid up to date? If not, please state reason:

.....................................................................

If yes, please attach proof of payment confirmation/deposit slip

3.12 Audited Financial Statements for the current financial year and an Auditor's Report together with Balance Sheets and Income Statements for the last three months
3.13 MOTIVATION: An explanation of the difficulties being faced by the firm.  Please attach to the Exemption Application Questionnaire.  If no Motivation is attached to the Application, we will not consider your request.
3.14 BUSINESS PLAN: gives dates - accounts - percentages and how long it will take for the firm to come in line with the latest BCCEI Wage and Task Grade Agreement.  Minimum Rates of Pay, keeping in mind the yearly increases which come into effect at the end of June of each year which is to be included in your calculations made in the Business plan.  Please attach to the Exemption Application Questionnaire.  If no Business Plan is attached to the Application, we will not consider your request.

 

PLEASE NOTE:

1. All relevant documentation pertaining to the Application MUST be attached in order to ensure an expeditious reply.  If any Section of this document is NOT completed or any document/s is not attached, the Council will not consider the Application and the firm would have to submit a new Application.
2. The details reflected in this document have been provided by the employer or person so designated as being true and correct at the date of this Application.  It is understood that all information contained in this document is subject to verification if required.  Any information found to have been incorrect would result in immediate disqualification of the Application.

 

 

SIGNED: .................................................................

 

PRINT NAME: .........................................................

 

DESIGNATION: .......................................................

 

DATE: ....................................................................