Membership Agreement – Package A

1. DEFINITIONS:

Employee: any person, excluding a independent contractor, who works for any other person and receives remuneration or is entitled to receive remuneration and any person who in any way assists the employer to carry on or conduct his business.

Employer: any person (whether a natural person or legal entity) that appoints any person under an employment contract. In the case of a natural person, it includes a successor, heir or nominee of the employer.

Employers’ organisation: any number of employers associated together with the purpose, whether by itself or with other
purposes, to regulate relations between employers and employees or trade unions.

LWO Werkgewersorganisasie (the LWO): a registered employers’ organisation in terms of Section 96(7) of the Labour Relations Act, Act number 66 of 1995, as amended, with registration number LR2/6/3/271, hereinafter referred to as “the LWO”.

Member: any natural person or legal entity acting as the employer, who applies for membership and whose application is
accepted by the LWO. Membership is established when a membership number is issued.

Renewal year: period from the date of joining as a member up to 12 (twelve) months thereafter.

2. TERMS AND CONDITIONS:

2.1 General:
2.1.1 Any services and products as supplied or sold by the LWO to the employer (member) are available at member tariffs. These tariffs can be fixed from time to time by the LWO.

2.1.2 Membership fees can be paid monthly or annualy per debit order. Members who elect to pay monthly by debit order must
retain membership for the first 12 (twelve) months.

2.1.3 Legal costs incurred by the LWO for the recovery of costs and outstanding and / or overdue fees, can be recovered on an
attorney and client scale.

2.1.4 A member affiliated under an affiliated membership (Package A) is classified as a non-voting member and is not entitled to engage in decision-making processes.

2.3 Responsibilities of the LWO Werkgewersorganisasie:
2.3.1 The LWO wi l at al times value and treat the member with the necessary respect and integrity.

2.3.2 The member’s interests are put first unless it conflicts with the LWO’s Constitution, public interest and / or applicable labour law and other South African legislation.

2.3.3 The LWO undertakes to inform the member of al relevant changes in the member’s sector / Bargaining Council.

2.3.4 The LWO undertakes to process the member’s personal information in accordance with the Protection of Personal
Information Act and only for purposes of fulfi ling the LWO’s obligations and legal functions within the framework of the LWO’s Constitution.

3. MEMBERSHIP BENEFITS:

The folowing benefits are applicable and are covered by the membership fee, payable annualy or monthly:

regular newsletter with relevant information and case studies;
free telephonic advice 24 hours per day and seven days per week;
access to al LWO services at member tariffs;
a membership certificate for CCMA, Bargaining Council and Labour Court matters.

4. CCMA / BARGAINING COUNCIL REPRESENTATION:

The member acknowledges that representation in terms of this membership would be by a co-member and further
acknowledges that the member has taken cognisance of the provisions of Rule 25 (specificaly Rule 25(5)¹) of the CCMA rules (as amended), regulating representation at the CCMA and Bargaining Council.

5. SETTLING OF DISPUTES:

5.1 If any dispute arises between the member and the LWO about membership, member benefits or any other relevant matter, the member agrees that:

¹ Rule 25(5) Representation before the Commission

(5) Despite the provisions of sub-rule (1), a commissioner may exclude any person who is representing a party in any proceedings on the basis that they are a member of the same employers’ organisation as an employer party, or a member of the employers’ organisation that is a party to proceedings, if the commissioner, after enquiring into the matter and considering relevant representations believes that:

(a) the representative joined the employer’s organisation for the purpose of representing parties in the Commission; or
(b) the representative’s participation in the dispute resolutions process

(i) would be contrary to the purpose of the rule which is to promote inexpensive and expeditious dispute resolution in a manner that is equitable to a l parties;
( i) is not in keeping with the objectives of the Labour Relations Act 66 of 1995; or
( i) may have the consequence of unfairly disadvantaging another party to the dispute.

5.1.1 the dispute must first be handled by the relevant division of the LWO; and then

5.1.2 if necessary by the Chief Executive Officer; and then

5.1.3 if necessary by the Management Committee; and then

5.1.4 if necessary by the LWO Council, each respectively within 30 (thirty) days.

5.2 If the dispute still remains unresolved, the member agrees that an external mediator, as agreed upon by all parties, will settle the dispute and that the outcome of this process is final and binding.

5.3 The costs of an external mediator will be paid by both parties on a 50/50 percentage basis.

6. MULTIPLE MEMBERSHIPS:

Membership of the LWO Werkgewersorganisasie is by definition vested in the natural person or legal entity that acts as the
employer. Different employers must therefore each take up separate memberships to obtain the right to be represented
separately in the CCMA, Bargaining Council or Labour Court.

7. PROTECTION OF PERSONAL INFORMATION (POPI):

7.1 The Member acknowledges and agrees that the LWO will collect, process, and store personal information in accordance with the applicable data protection laws, including but not limited to the Protection of Personal Information Act.

7.2 The employer undertakes to process the PI of the employee only in accordance with the conditions of lawful processing as set out in terms of POPIA and only to the extent that it is necessary to discharge its obligations and to perform its functions as an employer and within the framework of the employment relationship and as required by South African law.

7.3 The LWO shal implement reasonable measures to safeguard the confidentiality and security of personal information, aiming to prevent unauthorized access, disclosure, alteration, or destruction.

7.4 The Member has the right to request access to, correction of, or deletion of their personal information held by the LWO, in accordance with applicable data protection laws.

7.5 The LWO will retain the Member’s personal information for the duration necessary to fulfil the purposes for which it was colected, unless a longer retention period is required or permitted by law.

7.6 In the event of a data breach that may compromise the security of personal information, the LWO will take appropriate measures to mitigate the impact of such a breach.

7.7 The Member agrees to promptly inform the LWO of any changes to their personal information to ensure accurate and up-to date records.

7.8 The LWO may update this POPI clause as necessary to comply with changes in applicable data protection laws. Members will be notified of any material changes.

By signing this agreement, the Member acknowledges that they have read, understood, and agreed to the terms of this POPI clause

8. RESIGNATION:

Resignation as a member can be done by giving 30 (thirty) days’ notice in writing to the LWO.

9. THE LWO’S CONSTITUTION:

By signing this agreement the member accepts the LWO’s Constitution and the content of this agreement will be interpreted on the basis of any terms, as set out in the LWO’s Constitution, or any reasonable interpretation thereof.