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Regulation Gazette No. 42813, 01 November 2019, Vol 653 No. 11000, Page 48

20191101 - Regulation Gazette No 42813 of 01-November-2019, Volume 653 No 11000, page 48

Page	48 of 68
Gazette	Regulation Gazettes, No 42813, from 01 November, 2019
Department	Labour
Notice	Page No. 10 of 14, Notice No. 1416, Labour Relations Act, 1995 » Bargaining Council for Civil Engineering Industry (BCCEI) » Extension of Exemptions Collective Agreement to Non-parties

48    No. 42813             GOVERNMENT GAZETTE, 1 NOVEMBER 2019

c)    Application for exemption from the clauses in the Collective Agreement relating to the
                  payment of the minimum wages, year-end bonus or any other remuneration and/or
                  benefit/s will be dealt with after giving consideration to the following and providing clear
                  evidence of financial difficulties as follows:

i. The last 3 (three) years' Audited Financial Statements (Income Statements, Balance
                     Sheets, Cashflow Statements, Statements of Changes and Notes).         The Audited
                     Financial Statements must be accompanied by a signed Auditor's Report, Accounting
                     Officer in the case of CC's;
                  ii. Management Accounts (Income Statements, Balance Sheets, Cashflow Statements,
                     Statements of Changes and Notes) covering the period from the date of the above
                     Financial Statements to a date not longer than 1 (one) month prior to the date of the
                     application;
                 iii. A detailed explanation of the difficulties being faced by the company and why they
                     should be addressed by means of an exemption as opposed to any other alternative;
                 iv In the case of an application for exemption from payment of minimum wages, a
                     business plan which includes a timetable setting out how and when the applicant
                     expects to "catch-up" with the minimum wage rate of the industry.

d) The proposed exemption should be implemented by the applicant until the exemption
                  process has been      concluded   after which   any   adjustments must be applied
                  retrospectively from the date of the application of the agreement.

7.    Exem tions - Construction Indust      Retirement Benefit Fund "CIRBF"     .

a)    Further to the provision of clause 3 above the following provisions will also be applicable
                 to the CIRBF related exemptions.
           b)    The criteria for determining exemptions from the CIRBF are as follows:

i. Total contributions to the private fund must be at least equal to those required in
                    terms of the CIRBF;
                  ii. Contribution holidays are to be specifically excluded from proposed rules of a Defined
                     Benefit Fund;
                 iii. Overall benefit package must, on the whole, not be less favourable than the benefits
                    provided by the CIRBF;
                 iv. The comparative percentage of employer net contributions paid out on withdrawal;
                 v. In the case of Defined Contribution Funds, the percentage of the employers' and
                    employees' salary actually credited to the fund, after deduction of administration fees
                    and the cost of insured benefits;
                 vi. There must be no waiting period for membership of the fund;
                vii. The right to transfer actuarial reserve to the CIRBF on withdrawal;
                viii. Provision must be made for death and disability insurance;
                 ix. In the case of defined benefit funds, the basis on which the pension is calculated.

< page 47	View full Gazette No. 42813	page 49 >

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