Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Civil Engineering Industry: Extension of Registration and Administration Expenses Collective Agreement to Non-PartiesAppendix B : Bargaining Council for the Civil Engineering Industry: Exemption and Appeal Policy1. Exemption Guidelines |
| (a) | A fully detailed motivation explaining the difficulties that the company is experiencing and hence the need for 1he application. This motivation is not the same as the business plan (see point b below). |
| (b) | A business plan - which must give a breakdown of percentages the company is paying employees at present and, where necessary, a proposed time frame outlining how long it will take to reach the applicable minimum rates of the BCCEI Wage end Task Grade Agreement. |
| (c) | Audited Financial Statement for the past financial year. In the case of a closed corporation - a full set of Financial Statements which are to be signed by an Accounting Officer and the latest Management Accounts for the last three months. If the Financial Statements are older than six months, then the Management Accounts for the recent three months are required. |
| (d) | The savings In cost to company should the application for exemption be granted and the workings in arriving at this cost. |
| (e) | Formal confirmation that employees were informed of the company's decision to make an application for exemption. |
| (f) | Where employees reject the company's approach, they are to be informed of their right to submit written reasons for objecting to the exemption application and such reasons should be attached as an annexure to the company's application. |
| (g) | The signature of at least two employees who accept being the representatives for the workforce and who will be affected by the application. Representatives of the workforce are to sign the form, contained in the exemption application questionnaire, consenting to this. |
| (h) | The signatures of employees accepting that they have been informed of the implications of what the company is proposing to the Council. |
| (i) | Where the employees are members of a recognized trade union, the company should inform the local trade union office of the intention to apply for an exemption and request, in writing, a meeting with the local official to discuss the impact of th exemption on the company and the members of the union. |
| (j) | Where employees have elected a trade union representative or representatives (shop stewards) these persons should be requested to sign that they were consulted and that they understand the need for applying for the exemption. Where the local trade union official and/or shop stewards have been consulted and where they reject the application, such refusal must be recorded in the application and countersigned by at least two witnesses. |
| (k) | where the local trade union official and/or shop stewards and affected employees support the exemption application, this signed agreement should be included with the application. |
| (l) | It is recommended that all meetings in this regard between management, employees, shop stewards and union officials be minuted and that the minutes of such meetings be submitted with the exemption application. |
| (m) | The application itself is to be signed by either a director of the firm, member, owner or a senior accountant - neither a bookkeeper nor the human resources manager's signatures will be acceptable. |
Please Note:
| (aa) | The exemptions board will decide on the exemption applications as submitted. |
| (bb) | It is not a condition of the exemption that employees accept a proposed wage increase exemption. All that is required is that employees and their representatives are fully informed of the company's intention to apply for exemption and that this consultation process and their response thereto is formally recorded and submitted with the application. |