This clause must be read in conjunction with the Code of Good Practice: Joint and Several Liability, published herein as an Annexure.
| (1) | The Council shall keep a register of employers in good standing and a register of employers not in good standing which registers shall be generally made known and published and shall be available to any person on request. |
| (2) | An employer shall be in good standing with the Council for purposes of this clause if: |
| (a) | the employer is registered as an employer with the Council: and |
| (b) | the employer is compliant with all obligations provided for in this Agreement to be fulfilled by an employer. |
| (3) | No employer ("the subcontracting party") may subcontract any work (this includes the provision of temporary employment services) that falls under the definition of "Building Industry" or Industry" in clause 5 of this Agreement, to another employer who is subject to this Agreement ("the subcontractor"), unless both the subcontracting party and the subcontractor are, at all times during the subcontracting, employers in good standing. |
| (4) | Regardless of whether or not sub clause (3) above has been complied with— |
| (a) | section 200B of the Act applies to a subcontracting party who, by or through a subcontractor, intends or the effect of doing so is or has been to directly or indirectly defeat the purposes of this Agreement; |
| (b) | the subcontracting party and the subcontractor (or the temporary employment service) are jointly and severally liable if the subcontractor, in respect of any of its employees, contravenes: |
| (i) | this Agreement or any other Council agreement regulating terms and conditions of employment and/or benefits; |
| (ii) | a binding arbitration award that regulates or relates to terms and conditions of employment; or |
| (iii) | the Basic Conditions of Employment Act. No 75 of 1997, as amended from time to time. |
| (5) | Notwithstanding the provisions of clause 4, any person determining whether a contravention has occurred, must have consideration for the guidelines and principles established by the Compliance Committee in respect of this clause, as envisaged by clause 56(2)(b) of this Agreement, and published from time to time. |
| (6) | No employer may utilise a temporary employment service or Labour Broker for work in connection with the Building Industry unless, both the employer and the temporary employment service are, at all times during the use of the temporary employment service, employers in good standing with the Council. The provisions of section 198 of the Act, shall apply to any employer who enters an agreement to utilise a temporary employment service or Labour Broker for work in connection with the Building Industry. |
| (7) | A main contractor must keep a record of their subcontractors' compliance with the Agreement(s) for at least five (5) years in the form of the records listed in clause 10 of this Agreement. |
