Membership Agreement – Package A

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.

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

Representation:
Refers specifically to the time spent actively representing the member during a formal proceeding before a Commissioner at the CCMA or before a Panel or Panellist at a Bargaining Council. Representation only includes the period in which the representative is actively engaged in the official process before the Commissioner or Panellists. Representation does not include any time spent travelling to the CCMA or Bargaining Council, signing in, waiting for the matter to be called, administrative delays, or any other waiting periods outside of the formal proceedings.

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

2. TERMS AND CONDITIONS:

2.1 Joining fee

2.1.1 A joining fee will not be applicable to Package A memberships.

2.2 General

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

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

2.2.3 Additional products and/or services in accordance with the member’s needs can be added at member tariffs. These tariffs may be fixed from time to time by the LWO.

2.3 Responsibilities of the member

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

2.3.2 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 inform the member of all relevant changes in the member’s sector or Bargaining Council.

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.

2.5 Cancellation of services clause

2.5.1 If a member or a member’s representative cancels a scheduled service within 24 hours of the agreed-upon start time, a cancellation fee charged at the LWO hourly rate applicable at the time will be charged to the member’s account.

2.5.2 Cancellations must be communicated in writing to be considered valid. Reasonable excuses for cancellation will be considered at the discretion of the LWO.

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;
Access to all LWO services at member tariffs;
Membership certificate for CCMA / Bargaining Council matters;

4. CCMA / BARGAINING COUNCIL REPRESENTATION:

The member acknowledges that representation in terms of this membership will be by a co-member 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.

1Rule 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 employers’ organisation for the purpose of representing parties in the Commission; or

(b) The representative’s participation in the dispute resolution 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 all parties;

(ii) is not in keeping with the objectives of the Labour Relations Act 66 of 1995; or

(iii) may have the consequence of unfairly disadvantaging another party to the dispute.

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 to obtain the right to be represented separately in the CCMA / Bargaining Council.

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 60 (sixty) 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.