Membership Agreement – Telephone Assistance

1. DEFINITIONS:

Employee:
Any person, excluding an 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 another person under an employment contract. In the case of a natural person, this 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.

Labour Quest:
An affiliate company to which members will be referred should further assistance or documentation be required beyond the scope of this package.

LWO Werkgewersorganisasie (the LWO):
A registered employers’ organisation in terms of Section 96(7) of the Labour Relations Act, Act 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:
The period from the date of joining as a member up to 12 (twelve) months thereafter.

Telephone advice:
Telephonic labour law guidance provided to members by the LWO.

2. TERMS AND CONDITIONS:

2.1 Joining fee

2.1.1 The first monthly or annual premium is payable before a member qualifies for any telephonic assistance.

2.2 General

2.2.1 This package is only available to new members and may not be selected as a downgrade option by existing LWO members.

2.2.2 Members may apply at any time during the renewal year to upgrade to a higher membership package. Where an upgrade is requested due to a specific active matter, the LWO reserves the right to request a member to pay the full annual membership fee of the selected package, alternatively charge a once-off penalty fee.

2.2.3 Membership fees can be paid monthly or annually by debit order.

2.2.4 Membership is restricted to employers with a maximum of three (3) employees.

2.2.5 This package does not include documentation, on-site assistance, or back-and-forth e-mail correspondence.

2.2.6 Where a member’s query requires documentation or extended involvement, the LWO will refer the member to Labour Quest for further assistance at separate tariffs.

2.3 Responsibilities of the member

2.3.1 It is the member’s responsibility to contact the LWO for advice in all labour related matters.

2.3.2 To continuously comply with all applicable stipulations of the LWO’s Constitution.

2.3.3 Legal costs incurred by the LWO for the recovery of costs and outstanding and/or overdue fees may be recovered on an attorney-and-client scale.

2.4 Responsibilities of the LWO Werkgewersorganisasie

2.4.1 The LWO will at all times value and treat the member with respect and integrity.

2.4.2 The member’s interests will be prioritised unless they conflict with the LWO’s Constitution, public interest, and/or applicable labour law or other South African legislation.

2.4.3 The LWO undertakes to provide telephone assistance limited to labour law advice as set out in the membership benefits.

2.4.4 The LWO undertakes to process the member’s personal information in accordance with the Protection of Personal Information Act (POPIA) and only for the purpose of fulfilling the LWO’s obligations and legal functions within the framework of the LWO’s Constitution.

3. MEMBERSHIP BENEFITS:

The following benefits are applicable and are covered by the membership fee, payable in advance:

Electronic newsletter with relevant information;
Free telephonic advice is available 24 hours a day and seven days a week. Each call is limited to 20 minutes. Calls that result in consultations or exceed 20 minutes may be billed at the standard LWO hourly rate applicable at the time of the call;
From calls, a single follow-up e-mail may be sent by the LWO to summarise or clarify advice. This package excludes back-and-forth e-mail correspondence or document drafting;
Should a member require any services, documentation, templates or policies, they will be referred to Labour Quest or offered an upgrade to a higher LWO membership package.

4. EXCLUSIONS:

4.1 Any labour related services;

4.2 Labour law documents, templates and policies.

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 step 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 the outcome of this process will be final and binding.

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

6. MULTIPLE MEMBERSHIPS:

Membership of the LWO Werkgewersorganisasie is vested in the natural person or legal entity that acts as the employer. Different employers must therefore each take up a separate membership.

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 applicable data protection laws, including but not limited to the Protection of Personal Information Act (POPIA).

7.2 The employer undertakes to process the personal information of employees only in accordance with the conditions of lawful processing as set out in POPIA and only to the extent necessary to discharge obligations and perform functions as an employer within the framework of the employment relationship.

7.3 The LWO shall implement reasonable measures to safeguard the confidentiality and security of personal information, preventing unauthorised 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 personal information only for as long as necessary to fulfil the purposes for which it was collected, unless a longer period is required by law.

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

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 data protection laws. Members will be notified of any material changes.

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

8. CANCELLATION OF MEMBERSHIP:

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

8.2 Membership may be suspended or terminated in accordance with the LWO Constitution in cases of non-compliance, reputational harm or misconduct.

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 based on any terms set out in the Constitution or any reasonable interpretation thereof.