Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesMotor Industry Bargaining Council (MIBCO)The Autoworkers Provident Fund AgreementExtension to non-parties of the Autoworkers' Provident Fund 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) | by all employees in grades 1 to 6 in the Motor Industry and by their employers in the Motor Industry. |
| (2) | Notwithstanding the provisions of sub clause (1), the provisions of this Agreement shall not apply to— |
| (a) | grades 1 to 6 employees who are members of the Motor Industry Provident Fund until such time as the parties agree that they are transferred to the Auto Workers' 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. |