Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Metal and Engineering IndustriesExtension of the Consolidated Main Collective Agreement to Non-parties (for the period 1 July 2021 to 30 June 2024)Part 25. AnnexuresAnnexure K - National Exemptions PolicyCriteria for Exemption5. Phase-in Exemption |
| 5.1 | Applications for phase-in exemption must be accompanied by completing the standard application of exemption questionnaire and will be dealt with after giving consideration to the following: |
| 5.1.1 | clear evidence of financial difficulties including; |
| 5.1.2 | the most recent set of annual financial statements and auditor's report signed by the auditor (or accounting officer in the case of CC's); |
| 5.1.3 | management accounts covering the period from the date of the above financial statements to two months prior to the date of application; |
| 5.1.4 | an explanation of the difficulties being faced by the company; and |
| 5.1.5 | the company motivation, business plan and phase-in plan illustrating how parity is intended to be achieved with the 60% of the 2020 Main Agreement rates. |
The special phase-in exemption will be valid for a period of one year and any extension will be reviewed on an annual basis.
No company which agrees to adopt the phase-in programme on a voluntary basis may retrench any worker as a direct result of the phasing-in period of the new wage structure, unless such retrenchment is on a voluntary basis or unless external circumstances beyond either party's control impact upon the enterprise.