Co-operatives Act, 2005 (Act No. 14 of 2005)SchedulesSchedule 1 : Special Provisions Relating to Certain Kinds of Co-operativesPart 2 : Worker Co-operatives6. Application of labour legislation |
| (1) | An employee of a worker co-operative is any member or non-member of a co-operative who satisfies the definition of "employee" as defined in the Labour Relations Act, 1995 (Act No. 66 of 1995). |
| (2) | All worker co-operatives must comply with labour legislation. |
| (3) | Despite subsection (1), a co-operative may apply to a bargaining council with jurisdiction over the sector within which the co-operative operates or, where there is no such bargaining council, to the Minister of Labour for full or partial exemption from the need to comply with applicable labour legislation in respect of employees of the co-operative. |
| (4) | The bargaining council or the Minister of Labour, as the case may be, may only grant an exemption in terms of subsection (3) if reasonably satisfied that there are good grounds for doing so. |
| (5) | The Minister must, in consultation with the Minister of Labour, within six months from the date of commencement of the Co-operatives Amendment Act, 2013, and thereafter from time to time, make regulations determining what constitutes good grounds for the purposes of subsection (4). |
[Item 6 of Part 2 of Schedule 1 substituted by section 71 of Notice No. 558, GG 36729, dated 5 August 2013]