| (1) |
If during the currency of the Agreement representations are at any time made to the Council that any job description in respect of the performance of any work is unsuitable as the result of technical changes introduced subsequent to the date of coming into force of this Agreement, such representations shall be considered at the first ensuing meeting of the Council, which shall decide whether the conditions shall be amended or whether circumstances warrant a recommendation being made to the independent exemptions body for an exemption to be granted so as to authorise the application of more appropriate conditions or whether the conditions applicable under the Agreement shall apply to such work without modification. |
| (2) |
Technological Change: For the purpose of this subclause ‘technological change’ means the introduction by the employer of manufacturing equipment substantially different in nature or type from that previously utilised at the establishment or of substantial modifications to present manufacturing equipment. |
Where an employer intends introducing technological change he shall notify the representative party trade union(s) and/or employee representative body not less than four months prior to the implementation date of such change.
The notice shall be given in writing and shall contain relevant information, including:
| (i) |
The nature of the change; |
| (ii) |
the approximate date on which the employer proposes to effect the change; |
| (iii) |
the employees likely to be affected by the change; |
| (iv) |
the anticipated effect of the change on employees working conditions and terms of employment; and |
| (iv) |
any other relevant information relating to the anticipated effects on employees, including the change in skills. |
The employer shall update the information provided, on a continuous basis, as soon as new developments arise or if any modifications are made.
| (i) |
An ergonomic committee shall be established at plant level, comprising of representative trade union(s), any employee representative body and a designated management representative or representatives. This committee shall have the power to review the ergonomic implications of the technological changes and take decisions in relation to how workers interact with all aspects of their work environment, including the task, and the tools and equipment used, and work orgainsation. In an event an agreement cannot be reached the provisions of the industry dispute resolution procedure shall be applicable. This shall not prevent management from implementing the proposed changes. |
| (ii) |
This committee shall also consult in an endeavour to reach agreement on the following issues: |
| (aa) |
The training or re-training of employees whose jobs are adversely affected or who may be displaced from their jobs as a result of the technological change and/or work reorganisation; and |
| (ab) |
The impact on the health and safety and work environment of workers as a consequence of such technological change. |
Where an employer intends introducing major work reorganisation which will substantially and materially affect the work of employees, the employer shall consult, in an endeavour to reach agreement with the representative party trade union(s) and/or any employee representative body, on the implications of the work reorganisation, including:
| (i) |
The need to re-train employees affected by such work reorganisation; and |
| (ii) |
any possible impact on the health, safety and work environment of the affected employees. |
| (4) |
The company shall notify the union(s) and/or employee representative body of any such work re-organisation not less than 30 days prior to the implementation of such change. |
| (5) |
Outsourcing and insourcing |
Where an employer intends to outsource or insource a part of the enterprise’s activities he shall notify the regional council and the party trade unions representing the affected employees not less than 42 days prior to the implementation date. This notice shall be given in writing and shall contain the following information:
| (i) |
The proposed date of outsourcing and/or insourcing; |
| (ii) |
The reason(s) for the outsourcing or insourcing; and |
| (i) |
Any other relevant information relating to such outsourcing or insourcing. |
(5) Retrenchments or redundancies:
Where the introduction of new technology, work re-organisation or outsourcing (in terms of this clause) may result in retrenchment, written notice of retrenchment must be given at least 21 days prior to the contemplated date of the retrenchment.
An employer and any employee or employee representative shall, at either’s request and under these circumstances, consult in good faith at plant level with a view to reaching agreement of a higher severance payment than that specified in this Agreement.
South African Council for Educators Act, 2000
