Many of you will have seen SEIFSA (below) send propaganda about accepting its agreement with the unions. It is regrettable (although not surprising) that SEIFSA is once again extremely liberal with the truth in this circular. In sections 31 and 32 of the LRA, the agreement must be adopted as an agreement of a negotiating council for an agreement to be renewed. At the Manco on 1 September 2020, SEIFSA and the trade unions proposed that their agreement be formally adopted by the MEIBC. That is not what happened. Indeed, the President of the MEIBC did not even allow the matter to be put to a vote, because the negotiations that preceded the signing of his agreement were not in accordance with the Meibc constitution. If you look very closely, you will see that the letter never says that the agreement was accepted as a Council agreement (as I explained, an application to renew the LRA). It indicates that the parties (i.e. SEIFSA and the unions) have agreed. Of course, they have it — that is their consent! It was “accepted” when they agreed! The reason they sent this circular is to give the impression that their agreement has been adopted by the Council (which it does not have) and that it can be extended – something that SAEFA and other employers` organisations will not allow.
The main contract is a collective agreement between employers` organisations and trade unions, which form the Council of Metallurgical and Mechanical Industries. The agreement provides for extended terms and conditions of employment for approximately 320,000 planned workers (including workers provided by employment agencies) who are employed in more than 10,000 companies in the sector. “planned workforce,” staff who are covered by the technical schedules of the main agreement. When the agreement is published in the government scoreboard, it becomes legally binding for all employers working in the sector and for workers who fall within the scope of the main agreement. Hence the next important question. 2020 has been a nightmare for most companies. As a national disaster state was announced just days before a national blockade was put in place, employers had to work to take steps to protect workers who had an impact on their annual leave balance sheets. At the same time, many companies have suffered terrible financial losses as a result of the blockage, and the prospect of a period without income and a huge payroll in December is incredibly frightening. The existence of the agreement plays an important role in ensuring stability and industrial peace in the industry, especially because of the following: to support businesses, SAEFA is organising a free webinar on 28 October and 5 November, in which we will answer all your questions and address all your concerns at the end of the dismantling phase of the year (even if you cannot put you out). These violations can be found as a result of a company`s routine inspection by a representative or a complaint from an employee or ex-employee.