| (1) | Every employer must comply with clauses 19, 29, 30, 54, 69, the Wellness Fund as provided for in Schedule 4 of this Agreement and the Agency Shop Agreement (Notice R.1323 appearing in Government Gazette 31681 of 12 December 2008) by completing and submitting, the online monthly return and paying to the Council the total amount due for such return by the due date. |
[Clause 53(1) substituted by clause 8 of Notice No. 426, GG 42312, dated 15 March 2019]
| (2) | An employer will only be deemed to have complied with the provisions of subclause (1) above on receipt by the Council of the monthly return and payment by the due date. |
| (3) | If an employer submits a monthly return that is defective or incomplete, the National Secretary of the Council, or an official designated by the National Secretary, may return it and the accompanying payment to the employer and— |
| (a) | the employer will be deemed not to have complied with the provisions of the relevant clause or clauses referred to in subclause (1); |
| (b) | the loss of time caused by having to return the monthly return and payment to the employer and by the resubmission thereof to the Council, is deemed to be the fault of the employer. |
[Clause 53(3), previously clause 53(4), renumbered by clause 8 of Notice No. 426, Gg 42312, dated 15 March 2019]
| (4) | For the purposes of subclause (3), a monthly return is deemed to be defective or incomplete if it— |
| (a) | Does not conform in all respects with the online monthly return. |
[Clause 53(4)(a) substituted by clause 8 of Notice No. 426, GG 42312, dated 15 March 2019]
| (b) | is not sufficiently legible, in the opinion of the National Secretary of the Council; |
| (c) | does not correctly reflect the full particulars of the employer and the employer's employees as required therein; |
| (d) | does not correctly reflect or explain, where required, all other data required therein; |
| (e) | reflects one or more incorrect contributions due in terms of the provisions referred to in subclause (1); |
| (f) | does not cross cast; or |
| (g) | does not tally with the accompanying payment or any other remittance received by the Council in respect of the return. |
[Clause 53(4), previously clause 53(5), renumbered by clause 8 of Notice No. 426, GG 42312, dated 15 March 2019]
| (5) | From the date of promulgation of this Agreement all employers in the Industry must submit monthly returns on Council's on-line system. |
[Clause 53(5), previously clause 53(6), renumbered by clause 8 of Notice No. 426, GG 42312, dated 15 March 2019]
