JOINT EMPLOYERS. Insofar as there may be more than one EMPLOYER in terms of this AGREEMENT, the liability of each of the EMPLOYERS will be joint and several. This means that any one of the EMPLOYERS could be held liable for all of the obligations of the EMPLOYER in terms hereof. Any one of the joint EMPLOYERS may represent the EMPLOYERS and sign the final construction drawings as contemplated in clause 6.
JOINT EMPLOYERS. (a) An employer, as defined by Sec- tion 2(2) of the National Labor Rela- tions Act (the Act), may be considered a joint employer of a separate employ- er’s employees only if the two employ- ers share or codetermine the employ- ees’ essential terms and conditions of employment. To establish that an enti- ty shares or codetermines the essential terms and conditions of another em- ployer’s employees, the entity must possess and exercise such substantial direct and immediate control over one or more essential terms or conditions of their employment as would warrant finding that the entity meaningfully affects matters relating to the employ- ment relationship with those employ- ees. Evidence of the entity’s indirect control over essential terms and condi- tions of employment of another em- ployer’s employees, the entity’s con- tractually reserved but never exercised authority over the essential terms and conditions of employment of another employer’s employees, or the entity’s control over mandatory subjects of bargaining other than the essential terms and conditions of employment is probative of joint-employer status, but only to the extent it supplements and reinforces evidence of the entity’s pos- session or exercise of direct and imme- diate control over a particular essen- tial term and condition of employ- ment. Joint-employer status must be determined on the totality of the rel- evant facts in each particular employ- ment setting. The party asserting that an entity is a joint employer has the burden of proof.
JOINT EMPLOYERS. Insofar as there may be more than one EMPLOYER in terms of this AGREEMENT, the liability of each of the EMPLOYERS will be joint and several. This means that any one of the EMPLOYERS could be held liable for all of the obligations of the EMPLOYER in terms hereof. Any one of the joint EMPLOYERS may represent the EMPLOYERS and sign the final construction drawings as contemplated in clause 6. TGP Construction Cape Town (Pty) Ltd Reg no.: 2017/506093/07 VAT no.: 419 028 0760 Physical Address 3rd Floor, Madison Square, Cnr Xxxx Xxxxxx & Tygerfalls Postal Address PO Box 3667, Tygervalley,
