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

Notices

National Textile Bargaining Council

Extension to Non-Parties : COVID-19 Lockdown Collective Amending Agreement

3. Access to Unemployment Insurance Fund (UIF) Finance
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The following provisions shall be applicable:

 

3.1. The parties agree and appreciate that should funds be received from the UIF for the purposes of this amending agreement, such funds constitute worker funds, and hence workers' contribution towards funding the shortfall in their income during the extended lockdown period and during which no wage is receivable.

 

3.2. The parties authorise the Chairperson of the Council to sign a memorandum of understanding agreement with the UIF Commissioner and/or the Minister of Employment and Labour or their respective nominee, which sets out the terms on which UIF funds will be released to the Council for the sole purpose of executing the provisions of this agreement.

 

3.3. Should the provisions of 3.2 above not be possible, the Council authorises the Chairperson to sign a services sharing agreement with the National Bargaining Council for the Clothing Manufacturing Industry, in terms of which UIF funds due to the National Textile Bargaining Council for the purpose of distributing it to qualifying industry employees, are transmitted from the UIF to the National Bargaining for the Clothing Manufacturing Industry and thereafter to the National Textile Bargaining Council.

 

3.4. The parties authorise the Secretary of the Council to open a dedicated bank account into which all UIF funds advanced to the council for the execution of the purpose of this agreement shall be deposited. If such a dedicated bank account has already been opened in terms of the provisions of sub-clause 3.4 of the lockdown collective agreement of 26 March 2020, the same bank account shall be used for the purposes of this amending agreement.

 

3.5. No funds shall be disbursed from the bank account referred to in sub-clause 3.4 above, other than that which is duly authorised and which is exclusively intended and ring-fenced for the purposes of this agreement.

 

3.6. The UIF funds are solely and exclusively intended to provide a wage subsidy for qualifying employees during an extended lockdown period declared by government and during which no wage payments from the execution of work is due and/or receivable.

 

3.7. The officials of the Council shall at all times ensure that proper records, including all supporting documents of all income and disbursements from the bank account referred to in sub-clause 3.4 of this agreement, are safely kept and secured.

 

3.8. The Secretary of the Council shall submit a weekly consolidated report to the UIF Commissioner of all income and disbursements pertaining to the bank account referred to in sub-clause 3.4 of this agreement.

 

3.9. The Council shall ensure that, post the extended lockdown period, if an extended lockdown period is declared, the bank account referred to in sub-clause 3.4 of this agreement is audited by no later than a 6 week period following the official termination of the extended lockdown period.

 

3.10. The UIF Commissioner or the Minister of Employment and Labour shall have the sole power to authorise a variation of the time period set out in sub-clause 3.9 of this agreement, on good cause.

 

3.11. The Secretary and/or Chairperson of the Council, or any other nominee of the Council, are instructed to immediately lay criminal charges against any person and/or entity who/which are suspected of abuse or corruption relating to the operations of the bank account referred to in sub-clause 3.4 of this agreement or in relation to any income or disbursements therefrom.

 

3.12. The information and supporting records which companies would be required to submit for a drawdown of funds as envisaged in clause 4 of this agreement shall be immediately made available to the UIF, on request from the UIF.

 

3.13. Any UIF funds which remain after the completion of a post-COVID 2019 extended lockdown shall be fully refunded to the UIF within one week following the conclusion of the audit referred to in sub-clause 3.8 of this agreement.

 

3.14. The parties agree to appoint additional Council staff at its own cost to help manage the processes required to effectively and securely manage the bank account referred to in sub-clause 3.3 of this agreement.