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

Notices

Bargaining Council for the Civil Engineering Industry

BCCEI : Extension of Exemptions Collective Agreement to Non-parties

6. Exemptions - Remuneration and Benefits

 

(a) Further to the provision of clause 3 above the following provisions will also be applicable to remuneration and benefits related exemptions.

 

(b) Remuneration and benefits exemptions may not be granted beyond the expiration of the Collective Agreement.

 

(c) Application for exemption from the clauses in the Collective Agreement relating to the payment of the minimum wages, year -end bonus or any other remuneration and/or benefit/s will be dealt with after giving consideration to the following and providing clear evidence of financial difficulties as follows:
i. The last 3 (three) years' Audited Financial Statements (Income Statements, Balance Sheets, Cashflow Statements, Statements of Changes and Notes). The Audited Financial Statements must be accompanied by a signed Auditor's Report, Accounting Officer in the case of CC's;
ii. Management Accounts (Income Statements, Balance Sheets, Cashflow Statements, Statements of Changes and Notes) covering the period from the date of the above Financial Statements to a date not longer than 1 (one) month prior to the date of the application;
iii. A detailed explanation of the difficulties being faced by the company and why they should be addressed by means of an exemption as opposed to any other alternative;
iv In the case of an application for exemption from payment of minimum wages, a business plan which includes a timetable setting out how and when the applicant expects to "catch-up" with the minimum wage rate of the industry.

 

(d) The proposed exemption should be implemented by the applicant until the exemption process has been concluded after which any adjustments must be applied retrospectively from the date of the application of the agreement.