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

Notices

National Bargaining Council for the Electrical Industry of South Africa

Extension to Non-parties of the Main Collective Agreement

Part l: Scope of Application, Definitions and General Terms and Conditions of Employment

Clause 33 - Registration of Employers and Employees

 

(1)

(a) Every employer in the Electrical Industry shall, within 30 days of the date of coming into operation of this Agreement, register with the Council by forwarding to the Secretary of the Council the following particulars, on the form prescribed by the Council, together with the registration fee prescribed:
(i) full name of business,
(ii) business  address,
(iii) full names of owners/partners/directors/members ,
(iv) residential address of owners/partners/directors/members,
(v) the registration fee determined by the Council from time to time and provided that it shall not exceed R3 000.00;
(vi) the name of the registered person who is employed in a full-time capacity, in terms of the Electrical Installation Regulations, 2009;
(vii) the full names of all other employees who fall within the scope of the Main Collective Agreement, including identity numbers, categories of employment, residential addresses and, in respect of each individual employee or employer, any additional personal particulars as may be required by the Council from time to time, and by endeavouring to submit the completed beneficiary form to Council within 30 days of date of registration.

 

In the event that the staff complement changes at any time during the course of operation of the business, the employer must notify Council within 30 days of such changes and shall furnish all other particulars required in terms of this clause.

 

Documentation, as required in terms of the Financial Intelligence Centre Act, 38 of 2001 ("FICA") shall be submitted to the Council for all new employer registrations. Currently registered employers shall also be required to submit this information as and when required in terms of legislation.

 

Any changes to the information that the Council has on files must be furnished to it within 30 days of such changes.

 

(viii) an electrical contractor's certificate of registration issued by the Chief Inspector, or a person appointed by him in terms of the Electrical Installation Regulations, 2009, made under the Occupational Health and Safety Act, 1993,
(ix) satisfactory proof of registration with the Unemployment Insurance Fund, the Compensation Fund Commissioner, the relevant local authority, and the South African Revenue Service. The requirements prescribed by this paragraph shall be maintained during the period of registration, and evidence of the continued validity thereof shall be produced at the request of the Council. If there is any change to the above requirements, the Council shall be notified within 30 days.
(x) the Council shall not register any person as an employer who is registered as an employee in the industry unless he or she has the written permission of their employer to do so.
(b) An employer who has already, prior to the date of coming into operation of this Agreement, furnished the particulars required under this clause shall be deemed to have complied with the provisions thereof and to be registered with the Council.
(c) Employers entering the Industry after the date of coming into operation of this Agreement shall register with the Council and shall furnish the particulars required  under sub-clause (a) above within 30 days of commencing  operations.
(d) Should the business cease to exist, the Council shall be notified within 30 days.

 

(2) Every employer to whom this Agreement applies, but who is not registered in terms of the provisions of sub-clause (1)(a) of this clause, shall be deemed to be registered from the date of commencement of his business and shall observe the provisions of this Agreement.

 

(3) All applications for registration shall be made directly to the Secretary of the Council in the area in which the employer is operating or intends to operate his business. The postal addresses of the Regional Councils are attached as ADDENDUM 4.