Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Building Industry, BloemfonteinExtension of Collective Agreement to Non-Parties5. Labour-Only Sub-Contractors |
| (1) | For the purpose of this clause, the expression "labour-only subcontract, means a contract agreement, arrangement or understanding in terms of which a person undertakes to provide a service or services to a contractor for an agreed sum or sums, which entails performing work that is normally carried out by skilled employees and/or general workers, where such person is not responsible for the payment to manufacturers or suppliers, who in the ordinary course of their business supply material to the Building Industry, for all materials to be used in the execution of such work. |
| (2) | Any person who undertakes work in the Building Industry in terms of a labour-only subcontract shall, whether he is an employer or not, register with the Council as an employer or as if he were an employer in accordance with the provisions of clause 4. The main contractor shall be held responsible for ensuring registration of all labour-only subcontractors. |
| (3) | Any contractor shall— |
| (a) | keep a record of the following particulars in respect of each person to whom work is given out in a labour-only subcontract |
| (i) | his first name and his surname; |
| (ii) | his trading name; |
| (iii) | his business address and/or residential address; |
| (iv) | his telephone number; |
| (v) | his S A R S number; |
| (vi) | proof of registration as well as good standing with the Workmen's Compensation Commissioner. |
| (c) | upon being requested to do so by an agent, produce such records to the agent. |