membership agreement - lwo

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MEMBERSHIP AGREEMENT

Concluded between:

hereinafter referred to as “the employer” or as “the member”

Employer’s registration number (if a legal entity) _________________________ or

identity number (if a natural person) __________________________

and

LWO WERKGEWERSORGANISASIE (hereinafter referred to as "THE LWO")

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.

Implementation: discussion of terms and conditions of employment contracts, policies, procedures, disciplinary code and relevant legislation with the employer and employees, to ensure that the member complies in all respects with the requirements as set by the member’s relevant sector / Bargaining Council.

Information session: proactive training with regards to all aspects of the employer’s relevant sector / Bargaining Council. Employment contracts, payslips, policies, procedures, disciplinary code and pro-forma labour law documentation (warnings, ultimatums, etcetera) will be provided and explained.

Legal Aid Fund coverage: coverage for expenses paid from the Legal Aid Fund for costs incurred (amongst others travelling, accommodation and time spent) in respect of CCMA, Bargaining Council and Labour Court matters for qualifying members.

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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.

Membership packages: the various packages that the LWO offers to members. The respective benefits and tariffs are attached to this agreement. Benefits and tariffs can be adjusted from time to time.

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

2.

2.1

2.1.1

2.1.2

2.2

2.2.1 2.2.2

2.2.3

2.2.4

2.2.5

2.3

2.3.1

2.3.2

2.3.3

2.4

2.4.1 2.4.2

2.4.3

2.4.4

TERMS AND CONDITIONS:

Joining fee:

A compulsory once-off joining fee and first monthly or annual premium is payable before a member will qualify for any assistance. Upon joining every member receives a once-off information and implementation session, which is included in the joining fee.

Membership packages and membership fees:

Prospective members can choose between available membership packages. Additional products and / or services in accordance with the employer’s (member’s) needs can be added per quotation at member tariffs. These tariffs can be fixed from time to time by the LWO. Members may apply at any time during the renewal year to upgrade their membership package. Members that upgrade must retain their membership for the first 12 (twelve) months after the upgrade. Any upgrade is subject to a three (3) month waiting period. Membership fees as fixed for each respective membership package can be paid annually or monthly by debit order. Members who elect to pay monthly by debit order must retain membership for the first 12 (twelve) months. 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.

General responsibilities of the member:

It is the member or the member's proxy's responsibility to contact the LWO, whether a Head Office Legal Advisor or a Regional Representative, to advise and / or request attendance on behalf of the member, in all labour matters. Every employer who joins as a member must undergo an information and implementation session within 12 (twelve) months of joining. To continuously comply with all applicable stipulations of the LWO’s Constitution.

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

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3. MEMBERSHIP BENEFITS:

Benefits as per the chosen membership package are set out in the attachment to this membership agreement.

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

regular newsletter with relevant information and case studies;

free telephonic advice 24 hours per day and seven days per week; a once-off information and implementation session in compliance with labour legislation, as

stated in paragraph 2.1.2;

access to all LWO services at member tariffs;

a Membership certificate for CCMA, Bargaining Council and Labour Court matters;

relevant posters, employment contracts, a manual and all applicable labour law documentation.

4.

4.1

4.2

4.3

4.4

4.5

4.6

5.

5.1

5.2

5.3

5.4

5.5

5.6

SPECIFIC EXCLUSIONS FROM COVER BY THE LWO LEGAL AID FUND:

Labour law disputes that arose prior to joining the LWO.

If the member has not attended an information and implementation session as stated in paragraph 2.3.2.

When the Legal Aid Fund of the member for the applicable renewal year is exhausted, the member will not qualify for additional coverage in that renewal year.

If the membership benefits do not provide for cover by the Legal Aid Fund.

If a member has not obtained advice from an LWO Legal Advisor or an authorised LWO official and / or did not make use of the services of an LWO Legal Advisor or an authorised LWO official and / or has acted contradictory to the provisions of any relevant labour legislation.

Any dispute / matter not related to the legal relationship between members and their employees or trade unions and is not of a labour legislative nature.

SETTLING OF DISPUTES:

If any dispute arises between the member and the LWO about membership, member benefits or any other relevant matter, the member agrees that:

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.

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 the external mediator will be paid by both parties on a 50/50 percentage basis.

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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 LWO.

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.

Signed at on this day of 20 .

Signature: on behalf of Employer / Member Signature: Witness

Initials and surname Initials and surname

Capacity

Signed at on this day of 20 .

Signature: on behalf of the LWO Signature: Witness

Initials and surname Initials and surname

Capacity

MEMBERSHIP BENEFITS AND TARIFFS: 1 MARCH 2021 - 28 FEBRUARY 2022

- MEMBERSHIP PACKAGE CHOICE: BP P1 P2 P3 P4 (PLEASE QUOTE)MONTHLYANNUALLY

Ü 1 x informa�on and implementa�on session (upon joining)Every member receives proac�ve training so that you knowexactly what is expected of you - all labour law documenta�on isprovided, explained, discussed and implemented

Ü Free labour law documenta�on - employment contracts,warnings, no�ces, policies and procedures, legisla�on, etc.

Ü Free 24/7 telephonic advice (speak directly to a legal advisor)

Ü Focus newsle�er (bimonthly) - prac�cal informa�on regardinghow to handle specific situa�ons

Ü Access to all LWO services (including representa�on at theCCMA, Bargaining Council and Labour Court) at membertariffs: R786.00 per hour | R5.85 per km

Ü Access to the Legal Aid Fund (LAF)This fund covers expenses for costs incurred in respect ofCCMA, Bargaining Council and Labour Court ma�ers:

*Time spent**Travelling and accommoda�on

Ü Legal service: strikes (2 mee�ngs per year)

Ü Legal service: restructuring (2 mee�ngs per year)

Ü Legal service: 1 x disciplinary hearing/consulta�on(incapacity/poor work performance)

Ü Legal service: trade union nego�a�on (1 mee�ng per year)

Ü Legal service: 1 x assistance during inspec�on by theDepartment of Employment and Labour

Basic package Package 1 Package 2 Package 3 Package 4

R10 000.00/year

*100% LAF**member’s own

account

R20 000.00/year

*100% LAF**50% LAF

R73 500.00/year

*100% LAF**100% LAF

R73 500.00/year

*100% LAF**100% LAF

Addi�onal services per quota�on:

km and hourly rate for addi�onal

services as requested

+

MEMBERSHIP BENEFITS:

ANNUAL MEMBERSHIP FEE (including VAT):(also payable monthly x 12)

ONCE-OFF JOINING FEE (including VAT):

- PAYMENT: SIGNATURE OF EMPLOYER (MEMBER)

(MEMBERSHIP IS VESTED IN THE LEGAL ENTITY, IRRESPECTIVE OF THE NUMBER OF EMPLOYEES)

PLEASE COMPLETE - NAME OF EMPLOYER (MEMBER):

R2 763.00 R2 763.00 R2 763.00 R2 763.00 R2 763.00

R2 976.00(R248.00 x 12)

R4 548.00(R379.00 x 12)

R5 748.00(R479.00 x 12)

R8 664.00(R722.00 x 12)

R722.00 + monthly quote x 12

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MEMBERSHIP APPLICATION FORM

PLEASE COMPLETE THE FORM CAREFULLY

AND SEND BACK TO: [email protected] | 012 664 2703 (FAX)

Language preferance: Afr Eng Contracts: Afr Eng Where did you hear about the LWO:

Name of legal entity/natural person as an employer (member):

Trading as: Telephone number 1:

Reg. no. (Employer): Telephone number 2:

VAT no. (Employer): Fax number:

Postal address: Physical address (Employer):

Suburb:

City/Town: Postal code: Suburb:

E-mail address: City/Town: Postal code:

No. of branches*: (*Membership is vested in the legal entity) GPS coordinates/PIN:

Branch locations:

Details: person responsible for labour matters: Details: person responsible for finance (invoice):

Initials: Name: Initials: Name:

Surname: Surname:

Capacity: Capacity:

I.D. no.: Cell. no.: I.D. no.: Cell. no.:

E-mail address: E-mail address:

Details: owner/partner/director/trustee/CC member/other:

Initials: Name: I.D. no.: Cell. no.:

Surname: E-mail address:

DEBIT ORDER AUTHORISATION – BANKING DETAILS:

Account holder:

Bank: Cheque Saving Account number:

I, the undersigned, hereby authorise that my membership fees be paid and any legal-and/or book shop fees (only recoverable

monthly) be recovered on the first day of the month per debit order from the abovementioned bank account. The LWO undertakes to give

notice in advance if membership fees should increase. This authorisation will not be cancelled by me within 12 (twelve) months after date of

registration and thereafter may be cancelled with 30 (thirty) days’ written notice. Should I commit a breach of contract by cancelling this debit

order authorisation within 12 (twelve) months after date of registration, I agree that I will be liable for costs on a scale as between attorney and

client.

SIGNED AT _______________________ ON THIS __________ DAY OF _________________________ 20________.

LWO banking details:

SIGNATURE (Account holder) ABSA (LWO Werkgewersorganisasie)

Name and surname: Cheque acc. no.: 105 831 3510

Capacity: Branch code: 632 005

annually monthly

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MEMBERSHIP APPLICATION FORM

FOR OFFICE USE ONLY

Name of employer (member):

Trading as:

Membership no.:

PAYMENT RECEIVED WITH REGISTRATION DEBIT ORDER INSTRUCTION

Joining fee R Annually- Monthly-

Annual- OR 1st monthly premium R 1st presentation premium R

Book Shop R 1st presentation date

Other: R

Total R

Payment: Cash- EFT-

Notes: E-mail sent:

Date: Initial:

NOTES:

Signed and paid on:

Recruiter: Package: Joining date: Member no.:

membership agreement - lwo

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