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

Notices

Bargaining Council for the Contract Cleaning Services Industry

Kwa-Zulu Natal

Extension to non-parties of the Main Collective Amending Agreement

32. Certificate of Compliance
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32.1 A Certificate of Compliance will be:
(a) issued to companies whom are found to be fully compliant with the Bargaining Council Main Agreement, Provident fund and all other statutory payments after an audit has been carried out by a Designated Agent appointed by the Council, as long as there are no outstanding Council penalties, fines, settlement agreements or arbitration awards for non-compliance against the company;
(b) valid for a period of six months from date of issue to ensure the company's continued compliance;
(c) issued without alteration on the printed format of the Council and must be signed by either the Secretary or Deputy Secretary and by either the Chairman or Vice Chairman.

 

32.2 A Certificate of Compliance will only be issued if the company adheres to the following procedures:
(a) The company must apply in writing to the Secretary;
(b) The Secretary will appoint a designated agent to carry out a full inspection within fifteen (15) working days of receiving the application. This period may be exceeded should the Council receive
(i) an excessive number of applications;
(ii) and/or over year end when the Council closes between the 25th December and 2nd January;
(iii) and/or for reasons beyond its control.
(c) The Designated Agent will inspect the following company records for the preceding three (3) calendar months from the date of application:
(i) Personnel files, time sheets, wage registers, pay slips, provident fluid schedules and annual bonus payment schedules from the previous December, registration certificates for PAYE, VAT, UIF, Skills Development Levies, Workman's Compensation fund and any other statutory obligations;
(ii) Proof of payment and date of payment for wages, overtime, night shift allowance, provident fund contributions, annual incentive bonus payments from the previous December, PAYE, VAT, UIF, Skills Development levy, Bargaining Council levy, Workman's Compensation fund and any other statutory payments. Proof of payment shall be by way of bank statements with all payments that do not have any bearing on the inspection being deleted and/or bank confirmed electronic payments but will not include bank deposit slips or cancelled cheques;
(iii) All the above records must be extracted and ready for inspection at the time arranged for the inspection. Due cooperation must be given to such agent in his inspection by the company representatives and make copies of all records as requested by the agent for the Council's file.

 

32.3 Should it be found that the company is not complying a compliance order will be issued within five (5) working days.

 

32.4 If found to be complying a Certificate of Compliance will be issued within fifteen (15) working days of the completion of the designated agent's inspection.