ENFORCEMENT OF 2012/2013 AND 2013/2014 WAGES UNDER THE MEIBC
NOT GAZETTED – UNENFORCEABLE!
Dear NEASA member
NEASA on the 27th of February 2014 issued a newsletter stating that the Metal And Engineering Industries Bargaining Council has got no authority to enforce compliance with the minimum wage rates for the periods 1 July 2012 to 30 June 2013 and 1 July 2013 to 30 June 2014.
The reason for this being that the wage spread between grade A and grade H employees has never been promulgated in the government gazette for these periods.
In the aforementioned newsletter we stated that:-
“What is common cause however, is that the wage schedules for the periods 2012/2013 and 2013/2014 have never been promulgated in the government gazette and therefore do not form part of the collective agreement that the MEIBC is trying to enforce. This is further illustrated by the fact that the Council brought an application before the Labour Court requesting the Court to rectify the situation. The Labour Court is however the incorrect forum for such a request as only the Minister of Labour has the authority to promulgate and extend collective agreements or any aspect contained therein. All indications are that this application to the Labour Court has in the meantime been abandoned.
It is therefore clear that the MEIBC has got no authority to enforce compliance with any wages within the above-mentioned period. Any request from agents to inspect wage records should be declined as the MEIBC have no jurisdiction whatsoever to monitor compliance with wages.”
NEASA still holds the view that this is the current state of affairs.
Employers wishing to view the entire newsletter can follow this link.
National Bargaining Council Co-ordinator