Amended Labour Relations Act
54. Duty to keep records and provide information to registrar
as amended by the
Amendment - Afrikaans Labour Relations Act 1998, Amendment - Labour Relations Act 1996, Amendment - Labour Relations Act 1998, Amendment - Labour Relations Act 2000, and Amendment - Labour Relations Act 2002
Chapter 3 : Collective Bargaining
Part F : General Provisions Concerning Councils
54. Duty to keep records and provide information to registrar
(1) In
addition to the records required by section 53(4), every council must
keep minutes of its meetings, in an original or reproduced form, for a
period of three years from the end of the financial year to which they
relate.
(2)
Every council must provide to the registrar-
(a) within 30
days of receipt of its auditor's report, a certified copy of that
report and of the financial statements;
(b) within 30
days of receipt of a written request by the registrar, an explanation
of anything relating to the auditor's report or the financial
statements;
(c) upon
registration, an address within the Republic at which it will accept
service of any document that is directed to it;
(d) within 30
days of any appointment or election of its national office bearers, the
names and work addresses of those office-bearers, even if their
appointment or election did not result in any changes to its
office-bearers;
(e) 30 days
before a new address for service of documents will take effect, notice
of that change of address; and
(f)
each year and on a date to be determined by the registrar, a report in
the prescribed form specifying -
(i)
the number of employees who are employed by small enterprises that fall
within the registered scope of the council and the number of employees
of those enterprises who are members of trade unions;
(i)
the number of employees employed by small enterprises that are covered
by a collective agreement that was concluded by the council and
extended by the \minister in terms of section 2;
(ii) the
number of small enterprises that are members of the employers’
organisations that are parties to the council; and
(iii) the
number of applications for exemptions received from small enterprises
and the number of applications that were granted and the number
rejected.
(3)
Every council must provide to the Commission-
(a) certified
copies of every collective agreement concluded by the parties to the
council, within 30 days of the signing of that collective agreement;
and
(b) the
details of the admission and resignation of parties to the council,
within 30 days of their admission or resignation.
(4)
If a council fails to comply with any of the provisions of section
49(2) or (3), section 53 or subsections (1) or (2) of this section, the
registrar may -
(a) conduct an
inquiry into the affairs of that council;
(b) order the
production of the council’s financial records and any other relevant
documents;
(c)
deliver a notice to the council requiring the council to comply with
the provisions concerned;
(d) compile a
report o the affairs of the council; or
(e) submit the
report to the Labour Court in support of any application made in terms
of section 59(1)(b).
(5) The registrar may use the powers referred to in subsection (4) in respect of any fund established by a council, except a fund referred to in section 28(3).
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