CLAIM BACK YOUR COLLECTIVE BARGAINING LEVIES
Since 2013, NEASA has regularly informed the Industry of the fact that the Collective Bargaining Levy (CBL) Agreement expired at the end of December 2012.
At the same time, the MEIBC misled the Industry into believing that the CBL could be paid on a voluntary basis, which resulted in some employers continuing to unlawfully deduct the CBL from their employees' wages and, together with their own contributions, paying it over to the MEIBC. This has allowed the MEIBC to UNLAWFULLY amass approximately R90 000 000-00.
NEASA launched a campaign to encourage employers to claim back the CBL contributions made by themselves as well as their employees, and applied severe pressure on the MEIBC to refund these monies. The MEIBC eventually, and at great cost, only commenced refunding the CBLs as and when requested by employers. This cost could have been avoided had the MEIBC adhered to NEASA’s advice and unambiguously communicated the correct facts to the Industry.
The MEIBC has to date only repaid approximately R60 000 000-00 of the CBLs and are currently still unlawfully holding approximately R30 000 000-00 plus interest, which belongs to the Industry.
CLAIM BACK YOUR MONEY!!
Employers who have paid CBLs post 2012 and have not yet reclaimed these monies, with accrued interest, for themselves and their employees, should do so immediately. It goes without saying that employers must exercise great care in ensuring that monies deducted from employees’ wages must be refunded to them as soon as same is received.
NEASA will assist employers in this process. Any employer wishing to claim back these monies must follow ALL the steps below:
1. Compose letter on your company’s letterhead (pro-forma letter attached here)
2. Attach reconciliation of payments made
3. Attach proof of 3 payments made
4. Attach proof of banking details (i.e. cancelled cheque or bank statement)
5. Send all documentation to Hloni at email@example.com
It would be in the interest of all employers and their employees who have not yet claimed, to engage in this process.
National Collective Bargaining Co-ordinator