Registration - My employees are happy with their employment conditions, are registered with the DoEL but not the BIBC. What are the legal ramifications?
The BIBC is required to administer the Collective Agreement in accordance with the Labour Relations Act, refer to Sections 33 and 33A.
The Designated Agent will investigate and request wage records to produce a monetary assessment for non-purchase of benefits and penalties for non-compliance. If the employer disputes the assessment, an arbitration will be arranged (Clause 53 of the Collective Agreement) whereafter an arbitration award will be issued. The award will be sent to the CCMA which will convert it to a court order (Labour Relations Act No. 66 of 1995, Section 158). If the employer still does not comply, the Employer’s assets could be attached.