Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesNational Bargaining Council for the Road Freight and Logistics Industry (NBCRFLI)Main Collective AgreementPart 7 : Employers' Obligations48. Subcontracting |
| (1) | An employer who is considering engaging the services of a subcontractor must adopt the procedure set out in subclause (2) if the subcontracting may result in— |
| (a) | a reduction in employment levels; or |
| (b) | material changes in the terms and conditions of employment of employees. |
| (2) | The following procedure must be followed prior to engaging a subcontractor if the circumstances contemplated in subclause (1) may eventuate— |
| (a) | the employer must give the trade union or unions representing affected employees, or the affected employees themselves in the case of non-unionised employees, at least four weeks' written notice of the employer's intention to subcontract; and |
| (b) | a meeting between the parties must be convened at a mutually agreed time within seven days of the date of receipt of the notice referred to in paragraph (a); |
| (c) | at the meeting, the parties must enter into consultations regarding the need and motivation for the contemplated subcontract. |
| (3) | An employer who subcontracts work falling within the Council's registered scope will be held jointly and severally liable with the subcontractor, if the subcontractor fails to comply with the provisions of this Agreement. |