Membership Agreement
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.
Implementation: discussion of terms and conditions of employment contracts, policies, procedures, disciplinary code and relevant legislation with the employer and employees, to ensure that the member complies in al respects with the requirements as set by the member’s relevant sector / Bargaining Council.
Information session: proactive training with regards to al aspects of the employer’s relevant sector / Bargaining Council. Employment contracts, payslips, policies, procedures, disciplinary code and pro-forma labour law documentation (warnings, ultimatums, etcetera) will be provided and explained.
Legal Aid Fund coverage: coverage for expenses paid from the Legal Aid Fund for costs incurred (amongst others traveling, accommodation and time spent) in respect of CCMA, Bargaining Council and Labour Court matters for qualifying members.
Telephone advice: a member will enjoy free telephone advice 24 hours a day and seven days a week, but wi l be limited to 20 minutes per call. Calls resulting in consultations and/or exceeding the 20 minute limit may be subject to billing at our standard LWO hourly rate applicable at the time of the call.
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.
Membership packages: the various packages that the LWO offers to members. The respective benefits and tariffs are attached to this agreement. Benefits and tariffs can be adjusted from time to time.
Renewal year: period from the date of joining as a member up to 12 (twelve) months thereafter
2. TERMS AND CONDITIONS:
2.1 Joining fee:
2.1.1 A compulsory once-off joining fee and first monthly or annual premium is payable before a member will qualify for any assistance.
2.1.2 Upon joining every member receives a once-off in-person/virtual information and implementation session, which is included
in the joining fee.
2.2 Membership packages and membership fees:
2.2.1 Prospective members can choose between available membership packages.
2.2.2 Additional products and / or services in accordance with the employer’s (member’s) needs can be added per quotation at member tariffs. These tariffs can be fixed from time to time by the LWO.
2.2.3 Members may apply at any time during the renewal year to upgrade their membership package. Members that upgrade must retain their membership for the first 12 (twelve) months after the upgrade. Any upgrade is subject to a three (3) month waiting period.
2.2.4 Membership fees as fixed for each respective membership package can be paid annualy or monthly by debit order. Members who elect to pay monthly by debit order must retain membership for the first 12 (twelve) months.
2.2.5 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.
2.3 General responsibilities of the member:
2.3.1 It is the member or the member’s proxy’s responsibility to contact the LWO, whether a Head Office Legal Advisor or a Regional Representative, to advise and / or request attendance on behalf of the member, in all labour matters.
2.3.2 Every employer who joins as a member must undergo an information and implementation session within 12 (twelve) months of joining.
2.3.2.1. After appointments have been arranged and confirmed with the member for the information and implementation session on 2 (two) occasions, but it is canceled by the member, it wi l be rescheduled at the standard hourly and kilometer rate applicable for that period.
2.3.3 To continuously comply with al applicable stipulations of the LWO’s Constitution.
2.4 Responsibilities of the LWO Werkgewersorganisasie:
2.4.1 The LWO will at all times value and treat the member with the necessary respect and integrity.
2.4.2 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.
2.4.3 The LWO undertakes to inform the member of al relevant changes in the member’s sector / Bargaining Council.
2.4.4 The LWO undertakes to process the member’s personal information in accordance with the Protection of Personal
Information Act and only for purposes of fulfilling the LWO’s obligations and legal functions within the framework of the LWO’s Constitution.
3. MEMBERSHIP BENEFITS:
Benefits as per the chosen membership package are set out in the attachment to this membership agreement. The following benefits are applicable to al members and are covered by the membership fee, payable annually or monthly:
- regular newsletter with relevant information and case studies;
- free telephonic advice 24 hours per day and seven days per week;
- a once-off in-person/virtual information and implementation session in compliance with labour legislation, as stated in
paragraph 2.1.2; - access to al LWO services at member tariffs;
- a membership certificate for CCMA, Bargaining Council and Labour Court matters;
- relevant posters, employment contracts, a manual and al applicable labour law documentation
4. SPECIFIC EXCLUSIONS FROM COVER BY THE LWO LEGAL AID FUND:
4.1 Labour law disputes that arose prior to joining the LWO.
4.2 If the member has not attended an information and implementation session as stated in paragraph 2.3.2.
4.3 When the Legal Aid Fund of the member for the applicable renewal year is exhausted, the member will not qualify for additional coverage in that renewal year.
4.4 If the membership benefits do not provide for cover by the Legal Aid Fund.
4.5 If a member has not obtained advice from an LWO Legal Advisor or an authorised LWO official and / or did not make use of the services of an LWO Legal Advisor or an authorised LWO official and / or has acted contradictory to the provisions of any relevant labour legislation.
4.6 Any dispute / matter not related to the legal relationship between members and their employees or trade unions and is not of a labour legislative nature.
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:
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 al parties, wil settle the dispute and that the outcome of this process is final and binding.
5.3 The costs of the external mediator wi l 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 shall 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 collected, 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.