Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Metal and Engineering IndustriesRegistration and Administration Expenses Collective Re-enacting and Amending AgreementPart ll : Clause 5. Contributions |
| (1) | The provisions of this clause shall apply in respect of all employees (as defined in clause 3 of the Agreement), except for purposes of subclause (3)(a) and (b) below, apprentices, pre-apprentices and learners shall be excluded. |
| (2) | Contributions shall be made by employers in the manner specified hereunder. |
(3)
| (a) | From the earnings of every employee to whom this Agreement applies the employer shall, each week, including weeks on which the employee is absent on paid leave, deduct an amount of R1.72. The equivalent monthly payment is R7.45 per employee. |
| (b) | To the amount deducted in terms of paragraph (a) hereof, the employer shall add an equal amount and forward the total sum to the Council each month. |
| (c) | An amount of 62 cents shall be deducted from both employee and employer per week (including the employers and employees referred to in item (vi) of the definition of employee in clause 3, "definitions") in respect of a dispute resolution levy. The monthly equivalent is R2.68 per employee per month, with the employer contributing an equal amount. |
| (4) | In any establishment in which the total amount payable to the Council in terms of subclause (3)(a) and (b) hereof amounts to less than R1.75 per month, the employer shall make up the amount to R1.75 and forward the amount to the Council each month. |
(5)
| (a) | Every employer in regions A, B, C, D, E, and F shall forward the amounts payable each month in terms of subclause (3) hereof, subject to the minimum amount payable as specified in subclause (4), together with a statement in such form as may be specified from time to time, to reach the Metal Industries Benefit Fund Administrators (MIBFA), Central Funds Collection Office, 2nd Floor, Metal Industries House, 42 Anderson Street, Johannesburg, 2001, by no later than close of business on the 7th Day of the subsequent month. |
| (b) | The employer uses the postal services, courier services or any other means of delivery or transfer at his own risk. The relevant postal address is P O Box 61474, Marshalltown, 2107. A facility for direct bank-to-bank transfer of funds is also available. Enquiries to be directed to the Financial Manager at the above address or (011) 870-2000. |
| (6) | Regardless of whether any amount is payable to the Council in terms of this clause, every employer shall, not later than the 7th day of each month, forward to the Council in respect of the preceding month and in the manner indicated therein, the statement referred to in subclause (5) hereof, and shall record thereon the number of employees employed on Limited Duration Contracts of employment during the month to which the statement applies. |
(7)
| (a) | For the purposes of this subclause 'the Act' means the Usury Act, 1968. |
| (b) | If any amount that falls due in terms of this clause is not received in full by the Council by the 7th day of the month following the month for which the amount is payable, then the employer shall be liable to pay interest in accordance with the following provisions. |
| (i) | The interest payable shall accrue on the balance of the amount outstanding from time to time from the 7th day until the full amount is received by the Council. |
| (ii) | The interest shall accrue at the same effective rate as the applicable maximum annual finance charge rates as if the amount outstanding were a "credit transaction" for the purposes of the Act. For purposes of calculating the interest, the provisions of section 2(2) of the Act shall, mutatis mutandis, apply. |
| (iii) | The council shall, in its absolute discretion, be entitled to waive payment by the employer of any interest that accrues in terms of this subclause. |
| (iv) | In the event of the Council's incurring any costs or becoming obliged to pay any collection commission by reason of the failure of the employer to make any payment on or before the due date, the employer shall then be liable to pay forthwith all such costs of whatever nature as between attorney and client and all such collection commission. |
| (v) | In addition to the provisions of section 2(2) of the Act, all the other provisions of the Act that are relevant for the purposes of calculating any interest payable by the employer in terms of this subsection shall, mutatis mutandis, apply for these purposes. |
Thus signed at Johannesburg for and on behalf of the parties this 3rd May 2011.
A. Hlakudi
President
J. Kemble
Vice President
A Smith
Chief Executive Officer