Labour Relations Act, 1995 (Act No. 66 of 1995)

Notices

Bargaining Council for the Metal and Engineering Industries

Extension of the Consolidated Main Collective Agreement to Non-parties (for the period 1 July 2021 to 30 June 2024)

Part 2

5. Annexures

Annexure K - National Exemptions Policy

Criteria for Exemption

3. Small Business Exemption
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Exemptions in this category will be granted for a period not exceeding 36 months. The exemption shall be in respect of the entire Main Agreement or in respect of specified clauses of the Main Agreement but shall not apply to any other collective agreement of the Council.

 

The Council will consider applications on merit taking into account one or more of the following factors:

 

3.1 That the business is not a subsidiary of another company;

 

3.2 It employs no more than ten *scheduled employees;

*(A scheduled employee is an employee engaged in production related activities and whose job is contained in Part II of the Main Agreement)

 

3.3 It has been operating for a period of less than three years;

 

3.4 It is able to show that such an exemption will enable it to retain existing jobs or create additional jobs in the firm. This particular factor must be covered in the motivation;

 

3.5 The financial situation of the business;