Common use of TRADE UNION REPRESENTATIVES ON THE REGIONAL CHAMBER Clause in Contracts

TRADE UNION REPRESENTATIVES ON THE REGIONAL CHAMBER. Every employer shall give to any of his employees who are trade union representatives on the Council every reasonable facility to attend to their duties in connection with the work of the Council or Regional Chamber: Provided that in establishments employing 5 or fewer employees, the trade union shall give the employer 5 days' written notice of its request for time off for its representative in terms of this clause. (1) One or more persons shall be appointed by the Council or Regional Chamber to be agents to assist in enforcing the terms of the Council's or Regional Chamber's Collective Agreements. (2) The Council may, in terms of section 33 of the Act, request the Minister of Labour to appoint any person to be a designated agent of the Council or Regional Chamber. (3) A designated agent shall have all the powers conferred on a Commissioner by section 142 of the Act, except the powers conferred by section. 142 (1) (c) and (d) of the Act. (4) A designated agent who has been appointed to attempt to resolve a dispute or investigate any alleged contravention and for purposes of routine inspections to enforce compliance with this part of the Agreement in terms of clause 36 or the Disputes Procedure in terms of clause 37 of this part of the Agreement may - (a) subpoena for questioning any person who may be able to give information or whose presence at the conciliation or arbitration proceedings may help to resolve the dispute; (b) subpoena any person who is believed to have possession or control of any book, document or object relevant to the resolution of the dispute, to appear before the agent or be questions or to produce that book, document or object; (c) administer an oath or accept affirmation from any person called to give evidence or be questioned; (d) at any reasonable time, but only after obtaining the necessary written authorization- (i) enter and inspect any premises on or in which any book, document or object, relevant to the resolution of the dispute is to be found or is suspected on reasonable grounds of being found there; and (ii) examine, demand the production of, and seize any book, document or object that is on or in those premises and that is relevant to the resolution of the dispute; and (iii) take a statement in respect of any matter relevant to the resolution of the dispute from any person on the premises who is willing to make a statement; and (e) inspect, and retain for a reasonable period, any of the books, documents or objects that have been produced to, or seized by, the agent. (5) A subpoena issued for any purpose referred to in subclause (4) shall be signed by a designated agent and shall- (a) specifically require the person named in it to appear before the designated agent; (b) sufficiently identify the book, document or object to be produced; and (c) state the date, time and place at which the person is to appear. (6) The written authorisation referred to in subclause (4) (d)- (a) if it relates to residential premises, may be given only by a judge of the Labour Court and with due regard to the Constitution of the Republic of South Africa, 1996, and then only on application by the agent and/or any appointed persons setting out under oath or affirmation the following information (i) the nature of the dispute; (ii) the relevance of any book, document or object to the resolution of the dispute; (iii) the presence of any book, document or object on the premises; and (iv) the need to enter, inspect or seize the book, document or object; and (b) in all other cases, may be given by the General Secretary of the Council or Regional Secretary of the Regional Chamber. (7) The owner or occupier of any premises that an agent and/or any other appointed person is authorised to enter and inspect, and every person employed by that owner or occupier, shall provide any facilities that an agent or such person requires to enter those premises and to carry out the inspection or seizure. (8) The agent and/or appointed person shall issue a receipt for any book, document or object seized in terms of subclause (4). (9) The law relating to privilege, as it applies to a witness subpoenaed to give evidence or to produce any book, document or object before a court of law, applies equally to the questioning of any person or the production or seizure of any book, document or object in terms of this clause. (10) The agent and/or appointed person shall pay the witness fee specified from time to time in terms of section-208 of the Act to each person who appears before him in response to a subpoena issued, where such fee has been specified by the Minister of Labour or, in the absence of a fee being specified by the Minister, as may be determined by the Council from time to time. (11) A person is in contempt of the designated agent- (a) if, after having been subpoenaed to appear before him, the person, without good cause does not attend at the time and place stated in the subpoena; (b) if, after having appeared in response to a subpoena, that person fails to remain in attendance until excused by the agent and/or appointed person; (c) by refusing to take the oath or to make an affirmation as a witness when an agent and/or appointed person so requires; (d) by refusing to answer any question fully and to the best of that person's knowledge and belief subject to subclause (9); (e) if the person, without good cause, fails to produce the book, document or object specified in a subpoena to an agent and/or appointed person; (f) if the person wilfully hinders an agent and/or appointed person in performing any function conferred by or in terms of this part of the Agreement; (g) if the person insults, disparages or belittles an agent and/or appointed person, or prejudices or improperly influences an investigation or improperly anticipates the agent and/or appointed person's recommendations; (h) by wilfully interrupting the conciliation or arbitration proceedings or misbehaving in any other manner during those proceedings; (i) by doing anything else in relation to the agent and/or appointed person which, if done in relation to a court of law, would have been contempt of court. (12) The designated agent may on recommendation of the Council or Regional Chamber refer any contempt to the Labour Court for an appropriate order.

TRADE UNION REPRESENTATIVES ON THE REGIONAL CHAMBER. Every employer shall give to any of his employees who are trade union representatives on the Council every reasonable facility to attend to their duties in connection with the work of the Council or Regional Chamber: Provided that in establishments employing 5 or fewer employees, the trade union shall give the employer 5 days' written notice of its request for time off for its representative in terms of this clause. (1) One or more persons shall be appointed by the Council or Regional Chamber to be agents to assist in enforcing the terms of the Council's or Regional Chamber's Collective Agreements. (2) The Council may, in terms of section 33 of the Act, request the Minister of Labour to appoint any person to be a designated agent of the Council or Regional Chamber. (3) A designated agent shall have all the powers conferred on a Commissioner by section 142 of the Act, except the powers conferred by section. 142 (1) (c) and (d) of the Act. (4) A designated agent who has been appointed to attempt to resolve a dispute or investigate any alleged contravention and for purposes of routine inspections to enforce compliance with this part of the Agreement in terms of clause 36 or the Disputes Procedure in terms of clause 37 of this part of the Agreement may - (a) subpoena for questioning any person who may be able to give information or whose presence at the conciliation or arbitration proceedings may help to resolve the dispute; (b) subpoena any person who is believed to have possession or control of any book, document or object relevant to the resolution of the dispute, to appear before the agent or be questions or to produce that book, document or object; (c) administer an oath or accept affirmation from any person called to give evidence or be questioned; (d) at any reasonable time, but only after obtaining the necessary written authorization-time- (i) enter and inspect any premises on or in which any book, document or object, relevant to the resolution of the dispute is to be found or is suspected on reasonable grounds of being found there; and (ii) examine, demand the production of, and seize any book, document or object that is on or in those premises and that is relevant to the resolution of the dispute; and (iii) take a statement in respect of any matter relevant to the resolution of the dispute from any person on the premises who is willing to make a statement; and (e) inspect, and retain for a reasonable period, any of the books, documents or objects that have been produced to, or seized by, the agent. (5) A subpoena issued for any purpose referred to in subclause (4) shall be signed by a designated agent and shall- (a) specifically require the person named in it to appear before the designated agent; (b) sufficiently identify the book, document or object to be produced; and (c) state the date, time and place at which the person is to appear. (6) The written authorisation referred to in subclause (4) (d)- (a) if it relates to residential premises, may be given only by a judge of the Labour Court and with due regard to the Constitution of the Republic of South Africa, 1996, and then only on application by the agent and/or any appointed persons setting out under oath or affirmation the following information (i) the nature of the dispute; (ii) the relevance of any book, document or object to the resolution of the dispute; (iii) the presence of any book, document or object on the premises; and (iv) the need to enter, inspect or seize the book, document or object; and (b) in all other cases, may be given by the General Secretary of the Council or Regional Secretary of the Regional Chamber. (7) The owner or occupier of any premises that an agent and/or any other appointed person is authorised to enter and inspect, and every person employed by that owner or occupier, shall provide any facilities that an agent or such person requires to enter those premises and to carry out the inspection or seizure. (8) The agent and/or appointed person shall issue a receipt for any book, document or object seized in terms of subclause (4). (9) The law relating to privilege, as it applies to a witness subpoenaed to give evidence or to produce any book, document or object before a court of law, applies equally to the questioning of any person or the production or seizure of any book, document or object in terms of this clause. (10) The agent and/or appointed person shall pay the witness fee specified from time to time in terms of section-208 of the Act to each person who appears before him in response to a subpoena issued, where such fee has been specified by the Minister of Labour or, in the absence of a fee being specified by the Minister, as may be determined by the Council from time to time. (11) A person is in contempt of the designated agent- (a) if, after having been subpoenaed to appear before him, the person, without good cause does not attend at the time and place stated in the subpoena; (b) if, after having appeared in response to a subpoena, that person fails to remain in attendance until excused by the agent and/or appointed person; (c) by refusing to take the oath or to make an affirmation as a witness when an agent and/or appointed person so requires; (d) by refusing to answer any question fully and to the best of that person's knowledge and belief subject to subclause (9); (e) if the person, without good cause, fails to produce the book, document or object specified in a subpoena to an agent and/or appointed person; (f) if the person wilfully hinders an agent and/or appointed person in performing any function conferred by or in terms of this part of the Agreement; (g) if the person insults, disparages or belittles an agent and/or appointed person, or prejudices or improperly influences an investigation or improperly anticipates the agent and/or appointed person's recommendations; (h) by wilfully interrupting the conciliation or arbitration proceedings or misbehaving in any other manner during those proceedings; (i) by doing anything else in relation to the agent and/or appointed person which, if done in relation to a court of law, would have been contempt of court. (12) The designated agent may on recommendation of the Council or Regional Chamber refer any contempt to the Labour Court for an appropriate order.