Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesMotor Industry Bargaining Council (MIBCO)Motor Industry Provident Fund Collective AgreementExtension to Non-Parties of the Motor Industry Provident Fund Collective AgreementClause 2: Scope of Application of Agreement |
| (1) | Subject to the provisions of sub clause (2) of this clause, the terms of this Agreement shall be observed— |
| (a) | in the Motor Industry in the Republic of South Africa; |
| (b) | employees in Division B, grades 7 and 8 and apprentices in the Motor Industry and their employers. |
| (2) | Notwithstanding the provisions of sub clause (1), the provisions of this Agreement shall not apply to— |
| (a) | employees in Division B, grades 7 and 8 and apprentices who are members of the Auto Workers' Provident Fund until such time as the parties agree that they are transferred to the Motor Industry Provident Fund. |
| (b) | any employee who has been granted a retirement benefit by any fund which provides for such benefits; |
| (c) | employees in respect of whom their employer contributes, and for as long as their employer so contributes, to a pension fund/provident fund which was in operation on the date of coming into operation of this Agreement and which, in the opinion of the Council, provides benefits not less favorable than those provided by the Fund; |
| (d) | any fixed term and/or probationary employee for six months from the date on which he begins employment in the Motor Industry; provided that any employer may in his discretion waive this exclusion. |