Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Building Industry, Cape of Good HopeExtension of Main Amending Collective Agreement to Non-partiesChapter Two : General Duties of Employers and Sub-Contracting Parties6. Registration of Employers |
| (1) | Every employer in the Industry who falls within the registered scope of the Council shall register with the Council within 14 (fourteen) calendar days of operating within such scope of this Agreement. |
(2)
| (a) | An employer shall register with the Council by furnishing the required particulars to the Council on the prescribed form and shall warrant thereon that application has been made for registration with the South African Revenue Services for employee tax and value-added tax (if applicable), registration with the Unemployment Insurance Fund and registration under the Compensation for Occupational injuries and Diseases Act. |
| (b) | The Council may refuse to register any person or legal entity as an employer if such employer or entity consists of substantially the same person or persons as a previously registered person or entity and there remains a debt due to the Council by the previously registered person or entity. Where the Council agrees to such a registration, the registration shall be subject to that person providing a wage guarantee equal to not less than 10 general workers' employment for three months. |
| (3) | Every employer shall notify the Council in writing of any change in the particulars furnished on registration or of ceasing operations in the industry within 14 days of such change or of ceasing operations. |
| (4) | A certificate of registration signed by either the Chairman or the Secretary of the Council shall be issued to each employer registered, A newly registered employer shall be entitled to receive from the Council free orientation training on employment legislation, this Agreement and the preparation of wage records. |
(5)
| (a) | The Council shall have the right at any time to call upon any employer to submit a return, in a form and manner prescribed by the Council, a schedule of all sub-contractors, the number of employees and their category of employment engaged by all contractors on any project or site from time to time. |
| (b) | The Council shall without prejudice to any other rights it may have against the employer, apply the guarantee as per clause 6(2)(b), should it be proven that the employer has breached this Collective Agreement three or more times over a 12 month rolling period. |
| (c) | A newly registered employer shall be regarded as being compliant for a period of two weeks which period shall commence from the date of registration with this Council, if the employer is new to the Building Industry, |
| (d) | The Council shall without prejudice to any other rights it may have to require an employer, who at time of registration has not registered any employees, to submit a wage guarantee as described in clause 6(2)(b) of this Agreement. |