Employer obligations to bargaining councils in South Africa can be diverse, contingent upon factors like industry, prevailing collective agreements, and relevant legislation. Nonetheless, certain obligations are commonly imposed on employers within bargaining council frameworks.
Employers might need to register with the bargaining council representing their specific industry or sector. In the Hairdressing, Cosmetology, Beauty, and Skincare Industry (Personal Care Sector), registration with the bargaining council is compulsory for all employers and employees. Registration often necessitates the payment of membership fees or levies. These financial contributions support the bargaining council's functions, including collective bargaining, dispute resolution, and industry-specific initiatives. Apart from membership fees, employers may also have to make various contributions to the bargaining council. These could include industry-specific council levies, contributions to sick pay funds, pension funds, or other statutory payments.
Employers are typically obligated to comply with the rules, regulations, and procedures set forth by the bargaining council governing their industry. This entails adherence to reporting protocols, maintaining records, meeting statutory obligations, and managing other administrative tasks as outlined by the bargaining council.
The National Bargaining Council for Hairdressing, Cosmetology, Beauty and Skin Care Industry Main Collective Agreement: Clause 15 refers:
15. Expenses of the council and subscriptions to the employers' organisation and the trade union :
15.1 For the purposes of defraying the expenses of the Council, every Employer shall be obliged to deduct from the earnings of each Employee and pay to the Council, those deductions reflected in the appropriate column of the Basic salary or wages schedules which are attached hereto as annexure "H".
15.2 In addition to the deductions recorded in clause 15.1 above, the Employer shall:
15.2.1 deduct from each Employee the levy amount as reflected from time to time in the Basic salary or wages schedules;
15.2.2 pay the Employer's contribution to the Council levy as reflected from time to time on the Basic salary or wage schedules.
15.3 An Employer shall be obliged to pay the total amounts owned in terms of clauses 15.2.1 and 15.2.2 to the Council not later than the date that is recorded in the Monthly Return form of the Employer;
15.4 Notwithstanding that the Council may issue an Employer with a Pro-forma Monthly Return form partially completed with the information of the Employer in the Council's possession, it shall be incumbent upon the Employer to ensure that the information contained therein is accurate, and every Employer shall be obliged to record such amendments on the Staff amendment form as may be necessary to reflect all correct information of the Employer.
15.5 Every Employer who employs a member of the trade union shall deduct from the remuneration or Basic salary or wage of that Employee the subscriptions and levies payable to the trade union and pay the subscriptions and levies so deducted, monthly to the Council by not later than the date specified on the monthly return.
15.6 Every Employer who is a member of the Employers' Organisation shall be required to pay the monthly subscription and levies charged by that organisation to the Council, by no later than the dates specified on the monthly return.
15.7 All amounts payable to the Council in terms of this Agreement may be made by
EFT or cheque into the bank account of the Council. The Council may amend its bank details, from time to time, by giving notice to that effect, to each Employer. The Council will not accept any cash payments at any of its offices.
Should a cash amount be deposited directly into the bank account of the Council, the Council shall be entitled to charge to the depositor, the cash handling fee or bank costs incurred as a result of such cash payment being made, at a rate of 1.82% of the total amount deposited.
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15.8 The onus shall be on any person claiming that payment was made to the Council to prove that payment was made.
15.9 Any amount that falls due in terms of any provision of this Agreement that is not
received in full by the Council by the date specified, the Employer who is obliged to make payment shall be liable to pay a penalty calculated at 10% (ten percent) of the outstanding amount for that month which is outstanding.
15.10 For the purpose of this clause 15 the date specified means the 7'" (seventh) day of the month following the month in respect of which the amount is payable.
15.11 The weekly contribution of weekly-paid Employees shall be calculated at the rate of three-thirteenths of the monthly contribution.
15.12 All amounts stated in the Contribution Schedule exclude VAT.
Payment of Penalties or Fines for Non-compliance Failure to meet obligations to the bargaining council, such as non-payment of fees, and non-compliance with collective agreements may result in penalties, fines, or other sanctions imposed by the bargaining council or relevant regulatory authorities.
It's essential for employers to familiarize themselves with the specific obligations applicable to their industry and bargaining council, as failure to meet these obligations could result in legal liabilities, reputational damage, or disruptions to business operations. Additionally, maintaining constructive relationships with bargaining councils and actively engaging in industry-related initiatives can contribute to a more stable and productive labour environment.
