The following are fundamental principles which are legal obligations imposed on the Office or "Exemptions Body" by the Council's agreements.
The Council hereby establishes an "Exemptions Body", constituted of persons independent of the Council, to consider all applications for exemption from the provisions of the Council's Agreements. in terms of section 32(3)(e) of the Act the council establishes an Independent Exemptions the Appeal Board (IEAB) to hear and decide any appeal brought against the Exemptions Body or Office refusal of an application for exemption from the provisions of an agreement or the withdrawal of an exemption by MANCO.
| 3.1 |
All applications must be in writing on the appropriate application form(s) obtainable from the BCCEI office or website and fully motivated and sent to the Council for consideration. Supporting documentation such as audited financial statements details of consultations and any other documentation required by the Office or "The Exemptions Body" from time to time, must be submitted. |
| 3.2 |
In scrutinising an application for exemption, the Office or "The Exemptions Body" will consider the views expressed by the employer and the workforce together with any other representations received in relation to that application. Applications that affect employees' conditions of service shall not be considered unless the employees or their representatives have been properly consulted and their views fully recorded in an accompanying document. |
| 3.3 |
The exemption shall not contain terms that would have an unreasonably detrimental effect on the fair, equitable and uniform application of the Councils' Agreements. |
| 3.4 |
Wage and wage related exemptions should not generally be granted beyond the expiration of the agreement provided that the "The Exemptions Body" may at its discretion and on good cause shown agree to a longer period (but not an indefinite period). |
| 3.4.1 |
Application for exemption of the implementation of the minimum wages or bonus payments specified in the Conditions of Employment Agreement will be dealt with after giving consideration to the following: |
| 3.4.2 |
Clear evidence of financial difficulties including: |
| (i) |
The most recent set of annual financial statements and auditors report signed by the auditor (or accounting officer in the case of CC's); |
| (ii) |
Management accounts covering the period from the date of the above financial statements to two months prior to the date of application; |
| (iii) |
An explanation of the difficulties being faced by the company; |
| (iv) |
A business plan consisting of a time table of how and when the company shall "catch-up" with the minimum wage rate of the industry. |
| 3.4.3 |
The company must notify the council each year of how they are progressing with their business plan; |
| 3.4.4 |
If the company does not comply with the business plan, the exemption will automatically terminate and the company shall have to re-apply. |
| 3.5 |
The employer must consult with the work force, through a trade union representative or, where no trade union is involved, with the work force itself, and must include the views expressed by the work force in the application. |
| 3.5.1 |
Where the views of the work force differ from that of the employer, the reasons for the views expressed must be submitted with the application. |
| 3.5.2 |
Where an agreement between the employer and the workforce is reached, the signed written agreement must accompany the application. |
| 3.6 |
The authority of the Council or "The Exemptions Body" is to consider applications for exemption. In the event of an appeal against the decision of the Council, the General Secretary will on receipt of the appeal submit it to the IEAB for consideration and finalisation. |
Applications for exemption may not be granted retrospectively. The Office or the "The Exemptions Body" may , on a request which are substantively explained and motivated, condone a past period.
| 3.8.1 |
In cases of urgent applications, details may be faxed, e-mailed or hand delivered to the Council. |
| 3.8.2 |
The Chairperson together with the Vice Chairperson and General Secretary may consider the application, make a decision and communicate that decision to the applicant without delay. The decision will be ratified and minuted at the next meeting of the 'The Exemptions Body'. |
| 3.8.3 |
The applicant is expected to put forward a substantive explanation as to the urgency of the application. |
South African Council for Educators Act, 2000
