MEMBERSHIP AGREEMENT
(AFFILIATED PACKAGE)

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 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:

  • Membership fees will be paid monthly by LabourNet as part their retainer/agreement with the Member.
  • 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.

 

2.2 General responsibilities of the member:

It is the member or the member’s proxy’s responsibility to meet the requirements of all applicable stipulations in the LWO’s Constitution at all times.

 

2.3 Responsibilities of the LWO Werkgewersorganisasie:

  • The LWO will at all times value and treat the member with the necessary respect and integrity.
  • 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.
  • 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:

The following benefits are applicable and are covered by the membership fee, payable annually or monthly:

  • 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 as per agreement with LabourNet and further acknowledges that the member has taken cognisance of the provisions of Rule 25 (specifically 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:

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1 Rule 25(5)   Representation before the Commission

  • 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:
    • the representative joined the employer’s organisation for the purpose of representing parties in the Commission; or
    • the representative’s participation in the dispute resolutions process –
      • 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 all parties;
      • is not in keeping with the objectives of the Labour Relations Act 66 of 1995; or
      • may have the consequence of unfairly disadvantaging another party to the
      • the dispute must first be handled by the relevant division of the LWO; and then
      • if necessary by the Chief Executive Officer; and then
      • if necessary by the Management Committee; and then
      • 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.

 

  • 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. RESIGNATION:

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

8. 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.