| (1) |
For the purposes of meeting the expenses of the Council, every employer |
| (a) |
shall deduct from the earnings of each of his employees the sum of R4,00 per month. To the amounts so deducted the employer shall, in respect of each employee, add the sum of R4,00 per month. |
| (b) |
A dispute resolution levy of R4.00 per employee per month shall be paid be each employee in respect of each employee the employer shall add the sum of R4.00 per month. |
| (2) |
The employer shall pay an establishment fee of— |
R34.00 per month with effect from the date of coming into operation of this agreement to 30 April 2018 and thereafter.
| (3) |
The employer shall then forward the whole amount, not later than the 7th day of each month, or annually in advance, to the Secretary of the Council, P.O. Box 1256, Pretoria, 0001. |
| (i) |
The employer shall forward all the information as specified in Annexure C, together with the amount as specified in subclause (3), to the Secretary of the Council, P.O. Box 1256, Pretoria, 0001. |
| (4) |
For the purposes of this clause, an employee who has worked on six days in any one calendar month shall be held to be liable for the specified deductions. |
| (5) |
The Council may claim payment in respect of levies for the whole period that any employer was liable for payments of levies of any employee. This shall be done with due regard to section 31(2) of the Basic Conditions of Employment Act, 1997, in terms of which an employer is only liable to keep record for a period of three years from the date of the last entry in the record. The Council may, at its own discretion, waive any period of liability for payment of levies. |
| (6) |
Provided that an employer who started operations before the date of coming into operation of this Agreement, but who has not paid the contribution shall be liable to pay all employee/employer contributions |
| (i) |
subject to subclause (iii), for a period not exceeding 12 months should there be no records of payment of contributions; |
| (ii) |
for the period of time that the employer has forfeited to pay the council levies since the employer last payment of contributions; |
| (iii) |
should it be determined by the Council that the employer has deducted from the employee's earning the amount payable by the employee in respect of this clause, the employer will pay the amount payable by the employee and the same amount from the employer for the full period of time that the deductions were made. |
| (7) |
Provided that, for the purposes of this clause— |
an employee shall be deemed to have worked during any period in which he is absent from work on paid leave or sick leave as provided for in this Agreement.
South African Council for Educators Act, 2000
