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

Notices

National Bargaining Council for the Hairdressing, Cosmetology, Beauty and Skincare Industry

Extension to Non-parties of the Consolidated Main Collective Agreement

Terms and Conditions that will apply nationally

17. Trade Union: Membership Fees

 

17.1 Every Employer shall on a weekly or monthly basis, as the case may be, deduct from the remuneration or Basic salary or wages of its Employees a membership fee, if such Employee is a member of the Trade Union, as determined from time to time by the Trade Union and shall pay such membership fee to the Trade Union, care of the Council, by no later than the 7th (seventh) day of each month following on the month in which the deductions were made.

 

17.2 The Council shall prepare an analysis of all amounts received as membership fees. The Council shall be entitled to deduct a collection fee, expressed as a percentage of the total of membership fees collected, which percentage will be determined and agreed upon from time to time by the parties to the Council.

 

17.3 Employees who are not members of the Trade Union are not compelled to become members of the Trade Union, save for such areas where a Closed Shop agreement may be applicable.

 

17 4 The CEO of the Council shall cause to deposit all monies received in terms of clause 17.1 into the Council's account and at the end of each month, pay all membership fees received, to the Trade Union.

 

17.5 The Trade Union shall arrange for an annual audit of the Union's membership fees, within six months of its financial year by an auditor who shall—
17.5.1 conduct the audit in accordance with generally accepted auditing standards;
17.5.2 report in writing to the Trade Union, and in this report express an opinion as to whether or not the Trade Union has complied with the provisions of its constitution relating to financial matters.

 

17.6 The Trade Union shall submit to the Council, within 30 (thirty) days of receipt of the auditor's report referred to in clause 17.5.2, a certified copy of that report.

 

17.7 Any person may inspect the auditor's report submitted to the Council in terms of clause 17.5.2 at the Council's head office.

 

17.8 The Council shall provide a certified copy of, or extract from, the auditor's report to any person requesting such copy or extract.

 

17.9 Any dispute about the application or interpretation of the provisions of this clause 17 shall be resolved in terms of the provision of the Council's constitution.

 

17.10 Notwithstanding the provisions of clause 17.1, 17.2 and 17.4 above, should the Trade Union recruit an Employee in the Industry as a new member and whilst waiting for the Council to capture the details of the Employee on its system or to capture the Employee's membership with the Trade Union on its system and, in both events, furnish the Employee's Employer with a return the Trade Union may collect the membership fees directly from the Employee and no commission shall be paid by the Trade Union to the Council in respect of the membership fees so collected.