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

Notices

Bargaining Council for the Furniture Manufacturing Industry

South Western Districts

Main Collective Agreement

Part l

A. Administrative Issues

7. Keeping of Records

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(1) Every employer must keep records containing at least the following information, as required in terms of section 31 of the Basic Conditions of Employment Act, 1997 (Act No.75 of 1997), as amended. These records shall be kept in a legible and indelible manner.
(a)The employee's named surname; identity number; tax number and occupation;
(b) the time worked by each employee;
(c) the remuneration paid to each employee;
(d) the date of birth of any employee under 18 years of age; and
(e) any other prescribed information.

 

(2) A record in terms of subsection (1) must be kept by the employer for a period of three years from the date of the last entry in the record.

 

(3) No person may make a false entry in a record maintained in terms of subclause (1).

 

(4) The failure to comply with subclause 1 here above, the employer shall pay a penalty as stipulate in Schedule 2 table 1 of the Basic Conditions of Employment Act, 1997 (Act No.75 of 1997), as amended. Such payment shall be made to the Council, as follows:—

 

Table One: Maximum Permissible Fine not Involving an Underpayment

 

No previous failure to comply

R300 per employee in respect of whom the failure to comply occurs

A previous failure to comply in respect of the same provision

R600 per employee in respect of whom the failure to comply occurs

A previous failure to comply within the previous 12 months or two previous  failures to comply in respect of the same provision within three years

R900 per employee in respect of whom the failure to comply occurs

Three previous failures to comply in respect of the same provision within  three years

R1200 per employee in respect of whom the failure to comply occurs

Four previous failures to comply in respect of the same provision within three years

R1500 per employee in respect of whom the failure to comply occurs