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National Bargaining Council For The Road Freight Industry Main Agreement

The collective agreement signed in Johannesburg on 14 August 2019 is attached to the notice. The NBCRFLI consists of the Association of Road Freight Employers and a number of unions representing the interests of workers. NBCRFLI has entered into several agreements that engage its members. These agreements are: an employment contract (whether it was concluded before or after the date of operation of the collective agreement) cannot allow for less favourable treatment than that provided for by the collective agreement or a waiver of the application of the provisions of the collective agreement. If an employment contract attempts to allow less favourable treatment than that prescribed by the collective agreement, or a waiver of the application of the provisions of the collective agreement may lead to the invalidation of the contract or the objection clauses. As a result, the employment relationship will be governed by NBCRFLI`s main collective agreement. As a result, the conditions of cooperation between the employer and the worker will no longer be the same as originally envisaged. This is why all employers in the sector must comply with this agreement as of that date. The collective agreement will enter into force on the second Monday following the date of publication of this notice and for the period up to February 28, 2022.

Labour Relations Act 66 of 1995 (the LRA) provides that in the event of a conflict between the employment contract and the collective agreement, a collective agreement varies from one employment contract between the worker and the employer, both of which are bound by the collective agreement. [2] This means that the conditions are binding on the parties who have entered into the collective agreement and for other employers and workers in this sector. All companies that are related to the transportation of goods by transporting the engine for rent or reward are affected by the NBCRFLI agreements. The definition of “goods” is not limited to sand, soil and stone. The provisions of an employment contract that provide for such a prohibited agreement are not valid. [4] In an industry based on careful planning, an employer running a business cannot afford to be blinded by the risks of non-compliance.

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