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

Notices

National Bargaining Council for the Electrical Industry of South Africa

Extension of Consolidated Main Collective Agreement to Non-Parties

Part 1: Scope of Application, Definitions, General Terms and Conditions of Employment

32. Registration of Employers and Employees
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(1)

(a) Every employer in the Electrical Industry shall, within 30 days of the date of coming into operation of this Agreement, register with the Council by forwarding to the Secretary of the Council the following particulars, on the form prescribed by the Council, together with the registration fee prescribed:
(i) full name of business,
(ii) business address,
(iii) full names of owners/partners/directors/members,
(iv) residential address of owners/partners/directors/members,
(v) the registration fee determined by the Council from time to time and provided that it shall not exceed R3000.00;
(vi) the name of the registered person who is employed in a full-time capacity, in terms of the Electrical Installation Regulations, 2009;
(vii) the full names of all other employees employed by him, including identity numbers, categories of employment, residential addresses and, in respect of each individual employee or employer, any additional personal particulars as may be required by the Council, and by endeavouring to submit the completed beneficiary form to Council within 30 days of date of registration.

In the event that the staff complement changes at any time during the course of operation of the business, the employer must notify Council within 30 days of such changes and shall furnish all other particulars required in terms of this clause.

[Words following Clause 32(1)(a)(vii) of Part 1 inserted by section 6(1) of Notice No. R. 1585, GG45617, dated 10 December 2021]

Documentation, as required in terms of the Financial Intelligence Centre Act, No 38 of 2001 ("FICA") shall be submitted to the Council for all new employer registrations.  Currently registered employers shall also be required to submit this information as and when required in terms of legislation.

Any changes to the information that the Council has on file must be furnished to it within 30 days of such changes.

(viii) an electrical contractor's certificate of registration issued by the Chief Inspector, or a person appointed by him in terms' of the Electrical Installation Regulations, 2009, made under the Occupational Health and Safety Act, 1993,
(ix) satisfactory proof of registration with the Unemployment Insurance Fund, the Compensation Fund Commissioner, the relevant local authority and the South African Revenue Service.

The requirements prescribed by this paragraph shall be maintained during the period of registration, and evidence of the continued validity thereof shall be produced at the request of the Council. If there is any change to the above requirements, the Council shall be notified within 30 days.

(x) the Council shall not register any person as an employer who is registered as an employee in the industry unless he or she has the written permission of their employer to do so.
(b) An employer who has already, prior to the date of coming into operation of this Agreement, furnished the particulars required under this clause shall be deemed to have complied with the provisions thereof and to be registered with the Council.
(c) Employers entering the Industry after the date of coming into operation of this Agreement shall register with the Council and shall furnish the particulars required under paragraph (a) above within 30 days of commencing operations.
(d) Should the business cease to exist, the Council shall be notified within 30 days.

 

(2) Every employer to whom this Agreement applies, but who is not registered in terms of the provisions of sub-clause (1)(a) of this clause, shall be deemed to be registered from the date of commencement of his business and shall observe the provisions of this Agreement.

 

(3) All applications for registration shall be made directly to the Secretary of the Council in the area in which the employer is operating or intends to operate his business.

 

The postal addresses of the Regional Councils are—

 

Bloemfontein

:

PO Box 1379, Bloemfontein, 9300

Cape

:

PO Box 1220, Parow, 7499

East London

:

P.O. Box 19852 Tecoma, East London, 5214

Gauteng

:

PO Box 31402, Braamfontein, 2017

George

:

P.O. Box 1952, George, 6529

Kwazulu -Natal

:

P.O BOX 47852, Greyville, Durban, 4023

Nelspruit

:

P.O. Box 19646, The Village Mall, Nelspruit, 1200

Polokwane

:

P.O. Box 2478, Polokwane, 0700

Port Elizabeth

:

PO Box 27287, Greenacres, 6057

Pretoria:

:

P.O. BOX 12399, Hatfield, 0028

 

(4)

(a) Every employer who has in his employ the categories of employees for whom basic minimum wages are prescribed in terms of clause 4 of Part 11 of this agreement shall be required to pay to the Council a levy amounting to R2.00 per such employee per week
(b) The amounts paid to the Council in terms of paragraph 4(a) above shall be deposited in a separate bank account and may be invested by the Council in paid up shares, fixed deposits or savings accounts with any bank.
(c) Notwithstanding sub-clause 4(a) and 4 (b) above, R2.00 levy contributions shall not be paid to the Council for as long as the Council has an insured scheme in place.
(d) In the event of the insolvency of any employer who is registered with Council the Scheme established by the Council or the Council, in the event there is no scheme in place, shall pay leave pay which has accrued to the employees of that employer: Provided that the liability of the Council shall be limited to the total moneys collected and deposited in terms of paragraph (b) above: provided further that the employees so compensated cede their claims to the Council and that the Council have the right to claim any amount so paid out from the insolvent estate.