Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Laundry Cleaning and Dyeing IndustryKwa Zulu NatalExtension to Non-Parties of the Main Collective AgreementPart H : General34. Designated Agents |
| 34.1 | The Council may request the Minister of Labour to appoint one or more specified persons as designated agents to assist in enforcing the terms of this and all other Agreements of the Council. |
| 34.2 | A designated agent may— |
| 34.2.1 | secure compliance with the Council's Collective Agreements by— |
| 34.2.1.1 | conducting inspections; |
| 34.2.1.2 | investigating complaints |
| 34.2.1.3 | investigating means of conciliation; |
| 34.2.1.4 | issuing a compliance order requiring any person bound by this Agreement to comply with this Agreement within a specified period; or |
| 34.2.1.5 | using any other means the Council may adopt; |
| 34.2.1.6 | perform any other functions that are conferred or imposed on the designated agent by the Council |
| 34.3 | A designated agent must report all disputes concerning compliance with any provisions of this and any other Agreement of the Council to the Council Secretary. |
| 34.4 | Within the registered scope of the Council, a designated agent of the Council has all the following powers; |
| 34.4.1 | A designated agent may, without warrant or notice at any reasonable time, enter any workplace or any other place where an employer carries on business or keeps employment records; that is not a home, in order to monitor or enforce compliance with a Collective Agreement concluded in the Council. |
| 34.4.2 | A designated agent may only enter a home or any place other than a place referred to in clause 34.4.1— |
| 34 4.2.1 | with the consent of the owner or occupier; or |
| 34.4.2.2 | if authorized to do so by Labour Court in terms of clause 34.4.3. |
| 34.4.3 | The Labour Court may issue an authorisation contemplated in clause 34.4.2.2 only on written application by a designated agent who states under oath or affirmation the reasons for the need to enter a place, in order to monitor or enforce compliance with the collective agreement concluded in the Council |
| 34.4.4 | If it is practicable to do so, the employer and a trade union representative must be notified that the designated agent is present at a workplace and be given the reason for the designated agent's presence. The Council may develop a policy to give further effect to this provision. |
| 34.4.5 | In order to monitor or enforce compliance with a Collective Agreement a designated agent may— |
| 34.4.5.1 | require a person to disclose information, either orally or in writing, and either alone or in the presence of witness, on a matter to which a Collective Agreement relates, and require that disclosure to be under oath or affirmation; |
| 34.4.5.2 | inspect and question a person about any record or document to which a Collective Agreement relates; |
| 34.4.5.3 | copy any record or document referred to in clause 34.4.5.2 or remove these to make copies or extracts; |
| 34.4.5.4 | require any person to produce or deliver to a place specified by the designated agent any record or document referred to in clause 34.4.5.2 for inspection; |
| 34.4.5.5 | inspect, question a person about, and if necessary remove, an article, substance or machinery present at a place referred to in clause 34.4.5.1 and 34.4.5.2 |
| 34.4.5.6 | question a person about any work performed; and |
| 34.4.5.7 | perform any other described function necessary for monitoring or enforcing compliance with a Collective Agreement. |
| 34.4.5.8 | perform any other function necessary in the execution of their function as prescribed by the Council and/ or the provisions of the employment law. |
| 34.4.6 | A designated agent may be accompanied by an interpreter and any other person reasonably required to assist in conducting an inspection |
| 34.4.7 | A designated agent must— |
| 34.4.7.1 | produce on request a copy of the authorization referred to in clause 34.4.3; |
| 34.4.7.2 | provide a receipt for any record or document removed in terms of clause 34.4.5 and return any removed records, document or item within a reasonable period. |
| 34.4.8 | Any person who is questioned by a designated agent in terms of clause 34.4.5.2 must answer all questions lawfully put to that person truthfully and to the best of that persons' ability. |
| 34.4.9 | An answer by any person to a question by a designated agent in terms of this clause may not be used against that person in any criminal proceedings, except proceeding in respect of a charge of perjury or making a false statement. |
| 34.4.10 | Every employer and each employee must provide any facility and assistance at a workplace that is reasonably required by a designated agent to effectively perform the designated agent's functions. |
| 34.4.11 | The Council may apply to the Labour Court for an appropriate order against any person who— |
| 34.4.11.1 | refuses or fails to answer all questions lawfully put to that person truthfully and to the best of that person's ability; or |
| 34.4.11.2 | refuses or fails to comply with any requirement of the designated agent in terms of this clause; or |
| 34.4.11.3 | hinders the designated agent in the performance of the agent's functions in terms of this clause; and |
| 34.4.11.4 | for the purposes of this clause, a Collective Agreement shall be deemed to include any basic condition of employment which constitutes terms of contract of employment in terms section 49(1) of the Basic Conditions of Employment Act No. 75 of 1997. |