Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesNational Bargaining Council for the Clothing Manufacturing IndustryMain Collective AgreementPart A : Provisions for the Eastern Cape Region14. Agreement14.3 Agents |
| (1) | The Council may request the Minister of Labour to appoint one or more specified persons to be designated agents to assist in enforcing the terms of this part of the Agreement. |
| (2) | A designated agent may— |
| (a) | secure compliance with the Council"s collective agreements by: |
| (i) | publicising the contents of the agreements; |
| (ii) | conducting inspections; |
| (iii) | investigating complaints; |
| (iv) | investigating means of conciliation; |
| (v) | issuing a compliance order requiring any person bound by the agreement to comply with the agreement within a specified period; or |
| (b) | perform any other function that are conferred or imposed on the agent by the Council. |
| (3) | A designated agent shall report all disputes concerning compliance with any provision of this part of the Agreement to the General Secretary of the Council and to designated official at the relevant Regional Chamber of the Council. |
| (4) | Within the registered scope of the Council, a designated agent of the bargaining council shall have all the following powers— |
| (a) | A designated agent may, without warrant or notice at any reasonable time, enter any workplace or any other place where an employer carries on business or keeps employment records that is not a home, in order to monitor or enforce compliance with a collective agreement concluded in the Council. |
| (b) | A designated agent may only enter a home or any place other than a place referred to in subclause (1): |
| (i) | with the consent of the owner or occupier; or |
| (ii) | if authorised to do so by the Labour Court in terms of subclause (3). |
| (c) | The Labour Court may issue an authorisation contemplated in subclause (2) (b) only on written application by a designated agent who states under oath or affirmation the reasons for the need to enter a place in order to monitor or enforce compliance with a collective agreement concluded in the Council. |
| (d) | If it is practicable to do so, the employer and a trade union representative shall be notified that the designated agent is present at a workplace and of the reason for the designated agent"s presence. |
| (e) | In order to monitor or enforce compliance with a collective agreement a designated agent may: |
| (i) | require a person to disclose information, either orally or in writing, and either alone or in the presence of witnesses, on a matter to which a collective agreement relates, and require that disclosure to be under oath or affirmation; |
| (ii) | inspect and question a person about any record or document to which a collective agreement relates; |
| (iii) | copy any record or document referred to in paragraph (b) or remove these to make copies or extracts; |
| (iv) | require a person to produce or deliver to a place specified by the designated agent any record or document referred to in paragraph (b) for inspection; |
| (v) | inspect, question a person about, and if necessary remove, an article, substance or machinery present at a place referred to in subclauses (1) and (2); |
| (vi) | question a person about any work performed; and |
| (vii) | perform any other prescribed function necessary for monitoring or enforcing compliance with a collective agreement. |
| (f) | A designated agent may be accompanied by an interpreter and any other person reasonably required to assist in conducting an inspection. |
| (g) | A designated agent shall: |
| (i) | produce on request a copy of the authorisation referred to in subclause (2) (b); |
| (ii) | provide a receipt for any record or document removed in terms of subclause (5) (e); and |
| (iii) | return any removed record, document or item within a reasonable time. |
| (h) | Any person who is questioned by a designated agent in terms of subclause (4) (e) shall answer all questions lawfully put to that person truthfully and to the best of that person"s ability. |
| (i) | An answer by any person to a question by a designated agent in terms of this clause may not be used against that person in any criminal proceedings, except proceedings in respect of a charge of perjury or making a false statement. |
| (j) | Every employer and every employee shall provide any facility and assistance at a workplace that is reasonably required by a designated agent to effectively perform the designated agent"s functions. |
| (k) | The Council may apply to the Labour Court for an appropriate order against any person who: |
| (i) | refuses or fails to answer all questions lawfully put to that person truthfully and to the best of that person"s ability; |
| (ii) | refuses or fails to comply with any requirement of the designated agent in terms of this clause; or |
| (iii) | hinders the designated agent in the performance of the agent"s functions in terms of this clause. |
| (l) | For the purposes of this clause, a collective agreement shall be deemed to include any basic condition of employment which constitutes a term of a contract of employment in terms of section 49 (1) of the Basic Conditions of Employment Act. |