| (1) |
Every employer in the Industry to whom this Agreement is applicable shall ensure that he is registered with the Council. |
| (2) |
An employer shall register with the Council by furnishing the required particulars to the Council on the prescribed form with a administration fee of R250.00, and shall warrant thereon that application has been made for registration with the South African Revenue Services for employee tax and value-added tax (if applicable), registration with the Unemployment Insurance Fund and registration under the Compensation of Occupational Injuries and Diseases Act. |
| (3) |
Every employer shall notify the Council in writing of any change in the particulars furnished on registration or of ceasing operations in the Industry within 14 days of such change or of ceasing operations. |
| (4) |
A certificate of registration signed by either the Chairman or the Secretary of the Council shall be issued to each employer registered. |
| (5) |
An employer who does not pay to the Council the levies and contributions payable by him and his employee, on the due date (maximum two weeks) as determined in this Agreement, shall pay interest to the Council at the prime rate charged by the Council's bank calculated from the due date to date of payment, which interest shall accrue to the general funds of the Council |
| (6) |
Where a partnership, company or close corporation is operating as a labour-only contractor with working partners, directors or members, the partnership, company or close corporation shall upon registration nominate in writing one of the working partners, directors or members to be the responsible person for assuring that the partnership, company or close corporation complies with all the provisions of the Agreement in respect of the working partners, directors or members. |
| (7) |
Subject to the provisions of the Basic Conditions of Employment Act, 1997, every employer shall keep the following records in respect of every employee in his employment: |
| - |
The Bargaining Council number; |
| - |
the identity number, full name and residential address, |
| - |
the employee's occupation and status; |
| - |
the banking details of the employee; |
| - |
the tax number of the employee; |
| - |
a record of normal and overtime worked; |
| - |
a record of remuneration paid and the calculation thereof, including all deductions, |
Foreigners
Problems are encountered with the employment of foreigners.
The Department of Home Affairs provided the following important information:
| • |
Employers must ensure that non-SA citizens have valid work permits or asylum seeker documents. |
| • |
Always check the expiration date. Remind employees in advance that they must obtain a new permit/asylum seeker document before the expiry date. |
| • |
If you become aware of an employee who works without a valid permit/asylum seeker document, you must still follow a FAIR PROCEDURE and refer the employee to the Department of Home Affairs. |
| • |
This will involve giving the employee notice of a formal hearing, having a formal hearing and suspending the employee's services until he or she can provide a valid work permit/asylum seeker document. |
| • |
In addition, the Department of Home Affairs emphasizes that the law requires that a minimum of 60% of your employees must be SA citizens. |
| • |
Department of Home Affairs has indicated: Non-compliant companies will be fined heavily and have their licenses reviewed, while managers and owners could be jailed for up to two years if the department decides to take legal action. |
South African Council for Educators Act, 2000
