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

Notices

Bargaining Council for the Metal and Engineering Industries

Extension of the Consolidated Main Collective Agreement to Non-parties (for the period 1 July 2021 to 30 June 2024)

Part 2

5. Annexures

Annexure K - National Exemptions Policy

Criteria for Exemption

5. Phase-in Exemption

 

5.1 Applications for phase-in exemption must be accompanied by completing the standard application of exemption questionnaire and will be dealt with after giving consideration to the following:

 

5.1.1 clear evidence of financial difficulties including;

 

5.1.2 the most recent set of annual financial statements and auditor's report signed by the auditor (or accounting officer in the case of CC's);

 

5.1.3 management accounts covering the period from the date of the above financial statements to two months prior to the date of application;

 

5.1.4 an explanation of the difficulties being faced by the company; and

 

5.1.5 the company motivation, business plan and phase-in plan illustrating how parity is intended to be achieved with the 60% of the 2020 Main Agreement rates.

 

The special phase-in exemption will be valid for a period of one year and any extension will be reviewed on an annual basis.

 

No company which agrees to adopt the phase-in programme on a voluntary basis may retrench any worker as a direct result of the phasing-in period of the new wage structure, unless such retrenchment is on a voluntary basis or unless external circumstances beyond either party's control impact upon the enterprise.