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

Notices

National Bargaining Council for the Clothing Manufacturing Industry

Main Collective Agreement

Part A : Provisions for the Eastern Cape Region

14. Agreement

14.1 Council Funds

Purchase

The employer and the employee NBC Levy contribution shall be converted to a percentage–based contribution.

The funds of the Council, which shall be vested in and administered by the Council, shall be provided in the following manner:

(1)	An amount equal to 0.23% of each employee’s wages per week, calculated at the qualified machinist rate of pay, up to a maximum of R1,84 per week, payable by means of a deduction from the employee’s wages for whom wages have been specified in this part of the Agreement.

(2)

An employer shall, in respect of each contributor from whose wages deduction are made in terms of subclause (1) above, contribute an amount equal to 0.33% of each employee’s wages per week, calculated at the qualified machinist rate of pay, up to a maximum of R2,96 per week, payable by the employer.

(3)

The total amount deducted, together with his contribution in terms of subclause (2) above, shall be forwarded by the employer to the Regional Secretary of the Regional Chamber of the Council, not later than the seventh day of the month following that to which it refers, together with a statement in such form as the Council may from time to time specify.

(4)

(a)	Every employer shall make a return to the Regional Chamber of the number of employees employed by him for each week of each calendar month in the form and manner specified and supplied by the Regional Chamber.

(b)

Should any amount due in terms of this clause not be received by the Regional Chamber by the 14th day of the month it is due, the employer shall forthwith be liable for and be required to pay interest on such amount as remains unpaid at a rate determined by the Regional Chamber from time to time, calculated from the 1st day of the month in which the payment is due until the day upon which payment is actually received by the Regional Chamber: Provided that the Regional Chamber shall be entitled in its absolute discretion to waive payment of such interest or part thereof in any individual instance.

(c)

In the event of the Council or Regional Chamber 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 pay forthwith all such costs of whatever nature as between attorney and client and all such collection commission, and the Council or Regional Chamber shall be entitled in its absolute discretion to allocate any payment by the employer first in satisfaction of such costs, collection commission and interest, and thereafter in reduction of the overdue capital amount.