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

Notices

Bargaining Council for the Building Industry, Cape of Good Hope

Extension to Non-parties of the Main Consolidated Collective Agreement

Chapter Two: General Duties of Employers and Sub-Contracting Parties

6. Registration of Employers
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(1)Every employer in the industry who falls within the registered scope of the Council shall register with the Council within fourteen (14) calendar days of operating within the scope of this Agreement.

 

(2)An employer shall register with the Council by furnishing the required particulars to the Council on the prescribed form and shall provide evidence that an application has been made for registration with the South African Revenue Services relating to tax and value-added tax (if applicable), registration with the Unemployment Insurance Fund and registration under the Compensation for Occupational Injuries and Diseases Act, 1993.

 

(3)The Council may refuse to register an employer with the Council if that employer is substantially the same employer as a previously registered employer who remains indebted to the Council.

 

(4)If the Council agrees to register such an employer, the registration shall be subject to that employer providing a wage guarantee at the discretion of the Council that equates to at least the wages of ten (10) general workers' employment for three (3) months.

 

(5)The Council may cancel an employer's registration with the Council if that employer is found to be substantially the same as a previously registered employer who remains indebted to the Council. The de-registered employer will continue to use the same profile of the indebted business, to purchase benefits.

 

(6)Every employer shall notify the Council in writing of any change in the particulars furnished on registration or of the ceasing operations in the industry within fourteen (14) days of such change or of the ceasing operations.

 

(7)A certificate of registration signed by either the Chairperson or the Secretary of the Council shall be issued to each registered employer. A newly" registered employer shall receive free orientation training from the Council relating to employment legislation, this Agreement, and the preparation of wage records.

 

(8)The Council shall have the right at any time to call upon any employer to submit a report on any project or site, in a form and manner prescribed by the Council, relating to all sub-contractors that are utilised by the employer, details of the employees utilised by the sub-contractor and the category of employment.

 

(9)Newly registered employers must ensure full compliance with this Agreement within two (2) weeks of registration. This grace period is only available to an employer who is a new entrant into the Building Industry.

 

(10)A newly registered employer shall be regarded as being compliant for a period of two (2) weeks which period shall commence from the date of registration with this Council if the employer is new to the Building Industry.