Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesNational Bargaining Council of SA Leather IndustryAdministration Expenses Collective Agreement to Non-partiesExtension of Administration Expenses Collective Agreement to Non-partiesAnnexure A : Exemptions and Exemptions Appeal Policy and Procedure8. Exemption Criteria |
The Exemptions Committee and Independent Appeal Body must when considering an exemption application/appeal, take into account the following criteria:
| (a) | any written and/or verbal substantiation provided by the applicant |
| (b) | fairness to the employer, its employees and other employers and the employees in the industry; |
| (c) | whether an exemption, if granted, would undermine this Agreement or the collective bargaining process; |
| (d) | whether it will make a material difference to the viability of a new business, or a business previously outside the jurisdiction of the Council; |
| (e) | unexpected economic hardship occurring during the currency of The Agreement, and job creation and/or loss thereof. |
| (f) | the infringement of basic conditions of employment rights; |
| (g) | the fact that a competitive advantage might be created by the exemption; |
| (h) | comparable benefits or provisions where applicable; |
| (i) | the applicant's compliance with other statutory requirements such as the Occupational Injuries and Diseases Act or Unemployment Insurance; or any other factor which is considered appropriate. |
[Annexure A(8) inserted by section 4(4.2) of Notice No. R. 1764, GG45931, dated 18 February 2022]