Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesMotor Industry Bargaining Council (MIBCO)Administrative Collective AgreementExtension to Non-Parties of the Administrative Collective AgreementClause 13 - Returns to the Council |
Definition: The "Returns to the Council" referred to herein is the Council Levy.
| (1) | Every employer shall on each pay-day deduct from the earnings of each of his employees, other than apprentices, the levies specified in subclause (5) of this clause. |
| (2) | Every employer shall contribute and add to the levies deducted in terms of subclause (1) levies of an equal amount. |
| (3) | The total amount of levies deducted from the earnings of employees and contributed by employers in terms of subclauses (1) and (2) of this clause, respectively, shall be paid each month to the Council and shall be accompanied by a written or electronic statement containing the following details: |
| (a) | The total number of employees employed and the total amount of levies remitted in respect of such employees; and |
| (b) | In respect of all other employees, including apprentices— |
| (i) | the family name, initials, sex, date of birth, occupation and identity number (in the case of an employee who is not a South African citizen a passport number and a work permit number); |
| (ii) | the amount of the levy remitted in respect of each employee; |
| (iii) | the date on which service began or the date on which service ended, in the case of employees whose employment began or ended since the details were last submitted. |
[Note: Artisans shall be given numbered identity cards by the Council, and the trade union numbers must be inserted on monthly returns in terms of clause 14(1)(a) of this Agreement.]
| (4) | Every employer shall pay the total amount of the levies payable and render the statement of details required each month in terms of subclause (3) of this clause to the secretary of the Regional Council concerned by not later than the 1Oth day of the month immediately following the month to which the levies and details relate. |
| (a) | The present postal and email addresses of the Secretaries of the various Regional Councils are as follows: |
Region EC: |
PO Box 7270, Gqeberha, 6055; [email protected]
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Region KZN: |
PO Box 10230, Ashwood, 3605; [email protected]
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Region FS & NC: |
PO Box 910, Bloemfontein, 9300;
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Region Highveld: |
PO Box 2578, Randburg, 2125;
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Region Northern: |
PO Box 13970, Hatfield 0028;
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Region WP: |
PO Box 17, Bellville, 7535. [email protected] |
| (b) | Forms prepared specifically for the inclusion of the details required by this clause are obtainable on application from the secretary of the Regional Council concerned. |
| (5) | The contributions in terms of subclause (1), shall be the sum of R3.14 (three Rand fourteen cents) per week applicable to Employers and Employees. |
Provided that—
| (a) | where an employee receives wages for less than 23 hours, or has worked for less than 23 hours in a particular week, no contributions shall be payable by or in respect of him for that week; and |
| (b) | before an employee proceeds on annual leave, contributions due in respect of the period during which he is to be on leave shall be deducted. |
| (6) | Subject to the provisions of clause 22 of this Agreement, should any amount due in terms of this clause not be received by the Council by the last day of the month in respect of which it is payable, the employer shall pay interest on. such amount or on such lesser amount as remains unpaid, calculated at the rate prescribed in clause 22 of this Agreement from the first day the amount was due until the day upon which payment in cash is actually received by the Regional Council concerned: Provided that a Regional Council shall be entitled in its absolute discretion to waive the payment of such interest or part thereof. |
| (7) | The Council shall allocate all payments received from employers, including amounts which are not paid on due date or amounts which are due in terms of a DRC award, for the relevant period for which such payment is applicable. |
| (8) | The Council shall allocate unallocated contributions of companies that have ceased trading or liquidated to the MIBCO Contingency Reserve Fund. |