This means that the conditions are binding for the parties who have entered into the collective agreement and for other employers and workers in this sector. Labour Relations Act 66 of 1995 (the LRA) provides that in the event of a conflict between the employment contract and the collective agreement, a collective agreement varies from one employment contract between the worker and the employer, both of which are bound by the collective agreement.  All provisions of an employment contract that permit such a prohibited agreement are invalid.  An employment contract (whether concluded before or after the operational date of the collective agreement concerned) must not permit less favourable treatment than that provided for by the collective agreement or a waiver of the application of the provisions of the collective agreement. The collective agreement will enter into force on the second Monday following the date of publication of this notice and for the period up to February 28, 2022. This is why all employers in the sector must comply with this agreement as of that date. The collective agreement signed in Johannesburg on 14 August 2019 is attached to the notice. If an employment contract attempts to allow less favourable treatment than that prescribed by the collective agreement, or a waiver of the application of the provisions of the collective agreement may lead to the invalidation of the contract or the objection clauses. As a result, the employment relationship will be governed by NBCRFLI`s main collective agreement. As a result, the conditions of cooperation between the employer and the worker will no longer be the same as originally envisaged. The NBCRFLI consists of the Association of Road Freight Employers and a number of unions representing the interests of workers. NBCRFLI has entered into several agreements that engage its members. These agreements are: All companies that are related to the transportation of goods by transporting force for rent or reward are affected by the NBCRFLI agreements.
The definition of “goods” is not limited to sand, soil and stone. What are the essential aspects of the working relationship in the main collective agreement? #LabourNet #labourlaw #DepartmentofLabour #BargainingCouncil #RoadFreightandLogisticsIndustry Except for the serious consequences that non-compliance can have on the management of a business: it can also lead to the company with a compliance order, severe penalties such as heavy fines (up to 200% of initial capital), trade sanctions or criminal prosecutions, and loss of lucrative opportunities as well as reputational problems of the National Bargaining Council for Road Freight and Logistics Industry (`NBCRFLI`) and the main collective agreement Kind Regards Jaco Swart National Bargaining Coordinator . The main agreement covers the following aspects: On March 15, 2019, the Minister of Labour renewed the main collective agreement of the national collective agreement for the trucking and logistics industry effective March 25, 2019. What does this mean for the private employment contract between the employer and the employee? Can the parties “calculate” the main collective agreement? Employers who need assistance with waiver applications can contact their NEASA regional office for assistance. What are the consequences of non-compliance with the main collective agreement? In an industry that is supported by careful planning, an employer running a business cannot afford to be blinded by the risks of non-compliance. If you work in the trucking and logistics sector, you are bound by the main collective agreement and you cannot legally “withdraw it”.