| (1) | This agency shop agreement is introduced in terms of the provisions of section 25 of the Act. The object of this agreement is to ensure that all employees whose terms and conditions of employment are from time to time determined and/or amended as the case maybe by collective bargaining under the auspices of the Council, contribute towards its costs. |
| (2) | Subject to the provisions of this clause, a levy to be known as an "Agency Fee" will be deducted from the wages of all prescribed employees who are not members of the trade unions party to the Council. |
| (3) | Despite the provisions of this agreement, all prescribed employees who are not members of the trade unions shall at all times be eligible for membership of the trade unions. |
| (4) | In the event of any non union member electing to join either of the trade unions, such employee will be exempted from the agency fee, and will be transferred to the applicable trade union membership. Trade union membership fee deductions will then commence against the wages of such employee. |
| (5) | No employee will be compelled to become a member of either of the party trade unions. |
| (6) | The agency fee shall be equal to 1% (one percent) but not exceeding R22.03 of the employee's basic weekly wage. |
[Clause 4(6) substituted by section 3 of Notice No. R. 2702, GG47443, dated 4 November 2022]
| (a) | The agency fee so calculated and deducted from the employee's basic wage by the employer will be paid monthly to the General Secretary of the National Bargaining Council of the Leather Industry of South Africa, P 0 Box 3959, North End, 6056, Port Elizabeth, or at any other such address the Council may decide from time to time, by no later than the fifteenth (15th) day of the following month. |
| (b) | The General Secretary (or any other duly designated Council employee) will deposit monies received in terms of sub clause 7(a) into a banking account administered by the Council. |
| (c) | The General Secretary will, at the end of each month, pay to the party trade unions the agency fee received for the preceding month in proportion to their representivity within the scope of the Council. A conscientious objector may request an employer to pay the agency fee deducted from his wages into a fund administered by the Department of Labour. |
| (d) | The trade unions will, on receipt of the agency fees from the Council, deposit such amounts into a dedicated separate account and administer same in accordance with the terms of this agreement. |
| (8) | When transmitting payments in terms of sub clause 7(a), the employer will submit a list of the employees from whose wages the agency fee has been deducted. |
| (9) | The list submitted in terms of sub clause (8) must reflect the following: |
| (i) | Name, surname and work number of the contributor; |
| (ii) | Weekly wage of contributor; |
| (iii) | Agency fee deducted. |
| (10) | No agency fee deducted may be— |
| (a) | paid to a political party as an affiliation fee; |
| (b) | paid as a contribution in cash or kind to a political party or a person standing for election to any political office; or |
| (c) | used for any expenditure that does not advance or protect the socio economic interests of employees. |
| (11) | This agreement will terminate in the event that the trade unions are no longer representative within the scope of the Council. In the event of this occurring, the employer organisations must give the trade unions written notice of their lack of representation, and allow them 90 days from the date of notification to establish that they are representative. Should the trade unions fail to establish their representation within the 90 day period, the employer organisations must give the trade unions 30 days' notice of termination, after which period the agreement will terminate. |
In the event of this agency shop agreement being terminated, the provisions of section 98, 100(b) and (c) of the Act apply.
