The expenses of the council shall be obtained in terms of this clause.
| (a) |
The purpose of this Agreement is to ensure that all employees who receive the benefits of the Council contribute towards its costs. |
| (b) |
Levies shall be raised as follows: |
| (i) |
from security officers working not less than 24 hours per month including non-standard employees working as security officers, learners, independent contractors, and fixed term contract employees; and |
| (ii) |
other categories of employees— |
| (c) |
The categories of employees as defined in clause 35(1)(b)(i) and (ii) above shall contribute a total levy of R7.00 (seven rand) per month for the purposes of administration and dispute resolution. |
| (d) |
Categories of employees not defined in clause 35(1)(b)(i) and (ii) above, who fall within the registered scope of the council, shall contribute a levy of R2.00 (two rand) for the purposes of the Council's dispute resolution. |
| (a) |
Every employer who is engaged in the industry as defined in the certificate of registration of the council, must pay a monthly levy to the Council. |
| (b) |
Levies shall be raised as follows: |
| (i) |
employers who employ categories of employees as defined in clause 35(1)(b)(i) and (ii) above, shall contribute a total levy of R7.00 (seven rand) per month for each employee for the purposes of administration and dispute resolution. |
| (ii) |
Employers who employ categories of employees not defined in clause 35(1)(b)(i) and (ii) above who fall within the registered scope of the council shall contribute a levy of R2.00 (two rand) for each employee for the purposes of the Council's dispute resolution. |
| (1) |
Every employer shall complete the levy return form in hardcopy (Annexure A), delivered to the Council or electronically sent monthly, and to reach the Council at its office located at an address to be determined, by no later than close of business on the 7th (seventh) day of each month. |
| (2) |
Every employer shall by no later than the 10th (tenth) of each month deposit all levy's deducted from employees, together with the employer's levy contribution in terms of this Agreement, deposit such levy's into the Council's registered bank account. |
| (3) |
The Council shall each month, deposit all monies received in terms of this Agreement into a separate bank account administered by the Council. |
| (4) |
A change in the levy shall be implemented by the employer in the pay period following receipt of the notification from the Council and shall not be retrospective. |
| (5) |
The total amount of levies deducted from the earnings of employees and contributed by employers in terms of clause 5 above, shall be paid each month to the Council and shall be accompanied by a written or electronic statement containing the following details; |
| (a) |
The total number of employees employed and the total amount of levies remitted in respect of such employees; and |
| (b) |
In respect of all other employees provided for in terms of this agreement; |
| (i) |
The family name, initials, sex, date of birth, occupation and ID number (in the case of an employee who is not a south African citizen a passport number and a work permit number); |
| (ii) |
The amount of the levy remitted in respect of each employee; and |
| (iii) |
The date on which service began or the date on which service ended, in the case of employees whose employment began or ended since the details were last submitted. |
| (6) |
A certificate of compliance shall be issued to all employers whom are compliant with the levies and a certificate of compliance shall not be issued by the Council to any employer who fails to pay over, and deduct any levies in terms of this agreement. |
| (4) |
Non Payment of Levies |
| (a) |
Parties binded by this agreement who has failed to make a payment referred to in clause 5 will be subject to enforcement proceedings and/or civil action in terms of relevant legislation and further pay to the Council; |
| (ii) |
interest as determined in terms of the Prescribed Rate of Interest Act 55 of 1975 as amended, calculated upon the unpaid amount of the levy from the date that the levy becomes due and payable until the date that it is paid; and |
| (iii) |
a penalty as prescribed by the Council. |
| (b) |
If the Council is satisfied that the failure to comply with an obligation in terms of this clause was not as a result of an intention to postpone payment or to evade such obligation, it may remit the whole or part of the interest and penalty. |
| (c) |
Any amount due to the Council in terms of this Act constitutes a civil debt that may be recovered by the Council in a competent court. |
| (d) |
A certificate signed by the Council representative responsible for finance and administration, and submitted to court in any proceedings referred to in this agreement and same, constitutes provisional proof of the amount of any indebtedness in terms of this clause. |
Copyright Act, 1978
