Bringing a change to your business, whether it's a change in Ownership, or structure is a significant decision that requires thorough execution and communication with the National Bargaining Council for Hairdressing, Cosmetology, Beauty, and Skincare Industry (HCSBC).
Here are the Main Collective Agreement requirements on how to successfully navigate a change in your business with the HCSBC.
It is advised that the area Designated Agent from the HCSBC is aware of the changes prior to commencement so clear guidance can be given on alteration.
Main Collective Agreement Clause 5 - Registration of an Establishment:
5.1.All Employers shall be obliged to ensure that an establishment;
5.1.1 Has been registered with the council;
5.1.2 Is operated by or employs at least one hairdresser / Hairstylist: Qualified or BTech Somatologist or, Beauty Technologist, or Nail Technologist depending on the type of Cosmetology Services rendered.
5.1.3 Has obtained a certificate from the Council to render Cosmetology Services.
How to submit an Application to the National Bargaining Council?
Main Collective Agreement Clause 6 - Application for Registration of an Establishment:
6.1 Prior to the commencement of the rendering of Cosmetology Services at an Establishment, every Employer of an Establishment shall apply to the Council in the form specified in Annexure “A” for registration of the establishment shall, as part of the registration process, also submit a duly completed Annexure “B” in respect of all Employees employed at the Establishment.
6.2 A separate application shall be completed in respect of each Establishment operated by an Employer.
6.3 No Disqualified person may have a direct or indicted interest in or operate an Establishment.
6.4 For the purpose of clause 6.3 above, a disqualified person shall be an Employer, that.
6.4.1 owes any sum to any Employee or Former Employee in the industry in respect of remuneration or wages, which remains unpaid in contravention of the Agreement, and/or;
6.4.2 owes any sum of money to the Council in contravention of any obligation under this Agreement; and/or;
6.4.3 has failed to pay contributions of any operate an Establishment unless it has complied with the provisions of clause 6.1 above.
6.5 No employer or Legal Owner shall be entitled to operate an Establishment unless it has complied with the provisions of clause 6.1 above.
6.6 Should any of the details that appear on Annexure "A", submitted by the Employer or Legal Owner upon registration of an Establishment as contemplated in clause 6.1 above, subsequent to registration, change the Employer or Legal Owner shall be obliged to, within 14 (fourteen) days of such change taking place, notify the Council by way of written notice stating the nature and details of the change, which will be submitted to Council to amend@hcsbc.co.za.
When during the sale/ transfer of a registered establishment with the National Bargaining Council, the new Owner / Employer must complete a new Annexure “A” and the “change of Ownership” form which will be provided by the Area Agent, this can also be found on the council website. If the previous Owner / Employer is a party EOHCB member in accordance with the constitution the membership is not transferable.
EOHCB Constitution:
7.10 Duties of Membership
7.10.1 Membership of the Organisation is not transferable and is personal to the Member. Should a company, close corporation, or partnership be a Member of the Organisation, and directors, Members or partners, or any controlling shareholder or Member of that company or close corporation be amended or changed, that company, close corporation, or partnership must within 30 (thirty) days of the change notify the division, or the National Manager in the case of an unattached Member.
7.10.2 Every Member is required to uphold this Constitution and the Code of Ethics.
Therefore should the New Owner / Employer wish to remain party to the EOHCB they will need to complete a new EOHCB Membership application form.
By prior consultation with an HCSBC Designated Agent and EOHCB Representative - maintaining proactive, adaptive communication, you can navigate a successful transfer of your business in terms of registration to the Bargaining Council with confidence and maximize any registrational delays.
