How To Sign Maine Banking Form

How to industry sign banking maine form later

hello everyone my name is red and a lot of you were interested in learning more about extinction applications so I've decided to make a short video of the process and if you need more information we can schedule a zoom meeting and then you can take it from me so exams and applications are very useful especially during the lockdown period in order to get some much-needed cash flow relief to understand what an exemption is I like to bluntly call it a legal way of non-compliance so it's important to realize however that it can never be a permanent arrangement it always has an expiry date it's always just for a certain period of time and it can never go longer and for what then what the bargaining council agreement is going to last for so some very obvious clauses that you wouldn't maybe want exemption from during the lockdown period or there the clauses dealing with the funds that are payable by employers to the bargaining council so it's the leave the sick pay fund and the holiday bonus pay funds and I want to just go through the form with you so there the council has a prescribed form that you have to complete for an exemption application and the form has been set up according to the clauses in the main agreement that deal with exemption applications I'm going to share my screen with you so that we can work through the form together and then I'll also send it to you if you are interested in seeing it you so this is there there's the forum you'll see the first the first place that you need to complete something or that you can complete something is for your living number your living number is obviously the number that your company is registered under at the bargaining council the case number is not something that you will complete it's something that they will allocate to you and in the first two pages are basically your company's information so you'll put the company name if you are a labor broker or a temporary employment service company you'll complete your details they otherwise you'll just put your company name in that field you put your physical address there you add a contact person's details they with the telephone number and email address and you'll put the activities of the business this is usually just transporting of goods or storing and transporting a furniture whatever the case might be the date of commencement of your business is typically the date that you'll find on your registration certificate the cipc one the days of registration with the council you can find on the online system the system you use for submitting your deforms under the employer tab and then is the member is the business a member of a registered employers organization this would typically be Niassa or the road fronting crew association they are quite a few others as well who aren't parties to the council so you can say yes there and just complete their details they all say now if you not registered okay and then here you'll put your company name again here the contact person's name will be again the one that will sign this form I am an adult they're your pits male or female the applicants whatever your job title is executive director financial manager whatever the case might be and my main place of work this will be the address again the work address and then you'll say you'll say the applicant is and you put the company name again then the nature of application are here is where you have to start writing your little essay so you must refer to specific clauses of the main collective agreement and the reason must be because you are not able to operate in your full capacity or that you can only operate partly as a direct result of code at 19 so here you could for example this is an exemption application for from paying over the funds as specified in clauses 19 29 and 30 of Maine agreements and you'll state that it's for sick leave and holiday bonus and annual leave and then the statement of material facts the applicant must provide sufficient details or grounds why you are unable to comply with those clauses of the Maine agreement and then you must also give supporting documents that show that you are not able to fully operate due to the impact of code 19 so here you refer to your first lecture annexes are quite important with your exemption application because they prove whatever you state in the application itself so the statement of material facts here I usually say something along the lines of the company does not form part of essential services our main client is anger Anglo platinum mines or whatever the case may be and this client of ours has had to close during the lockdown you can attach here a letter where they say they won't be needing your services any you could maybe attach an amateur in the form of a bank statement or a sales report that shows how the income of the company has been affected directly due to this lockdown with a lot of outlines we we've we've attached a few months so in order to show that in March it was still fine in April it dropped down to zero or maybe 10% of what it used to be and in May it's slowly starting to pick up but it's still not viable to pay over all those funds then you'll have to give some grounds so this is in line with closed 74 of the main collective agreement so the first thing I wanted you to comment on is your past record and you must know that the bargaining council can also comment here so you have to be truthful so how compliant are you with the main agreement are you paid up to date are you have you paid all your deforms but there's a complainant case hanging over your head or are you behind with your returns you have to be very honest and you have to also show that if you are non-compliant that you are in the process of becoming compliant B is any special circumstances that exist that you would like to bring to the attention of the exemptions body the special circumstances is basically the lockdown unless you have something on top of that as well but most of our applications have been directly because of the lockdown because companies are not able to operate either because you're part of the value chain or because you are your clients or clothes or the borders are closed or the harbor's have been closed whatever the case might be that would be your special circumstances C this is you have to comment on whether this will stay any precedent now the again the council will also comment here and under normal circumstances it would probably set a precedent because everyone finds himself in the same situation as you are finding yourself in but here I've been putting that it wouldn't set a precedent for the future because this is a hopefully a once-in-a-lifetime situation where the whole world is affected by this pandemic and you would complete this section in that sort of wording how does the exemption application impact on the interests of the industry with regard to the following unfair competition so usually there would be no unfair competition because we um we are all affected by this pandemic every single company in South Africa is facing some sort of a loss because of the lockdown so they shouldn't be any unfair competition and you can type it like that in your application collective bargaining bursary first is there huge benefits companies have the function under the jurisdiction of the bargaining council and that is that bargaining or negotiations take place at council level and not on plant level so you would definitely state here that it shouldn't affect collective bargaining because you enjoy the benefits of negotiations taking place at bargaining Council executive level potential for labor unrest now this is a very important section and this is usually a big concern for the bargaining council themselves because if they is labor unrest if library unrest is caused directly by this application then I wouldn't want to grant this so easily and so you have to have something you have to be able to explain to them in this section how you have done everything in your ability for unrest to be avoided so that includes things like communicating with the trade union communicating with employees explaining the situation getting everyone on board making some sort of compromise for example if you asking for exemption from paying over the annual leave fund or their sick fund then you must compromise in a way where you'll say that the employees won't be out-of-pocket if they go on sick leave or on annual leave that you will top it up should the council funds be insufficient so you need to really think about this section that you will not directly cause labor unrest and by submitting this application and then they also want you to comment on increased employment so if they grant this application will your levels of employment increase or will they decrease so if they grant it will your company be more stable or you could even say that it will be unaffected and then they want you to also comment on the how the application will impact the interests of employees so they the first thing they touch on is exploitation obviously we have to be honest about this are you going to be in a position where you exploiting your staff if this application is granted hopefully the answer is no and in the same way job preservation usually our applications are directly because we want to preserve jobs we don't want to end up havin to retrench employees and to apply for an exemption would provide a massive cash flow relief sound conditions of employment how will that be affected hopefully your answer will be that it won't be affected it will remain as sound as it is currently possible benefits here I always write quite a bit because the benefits must outweigh the risks and the benefit obviously of applying for an exemption during the lockdown is that your company will stay in operation so if you can get a relief um of paying other benefits to the bargaining council and thereby preserve jobs then that's obviously the main possible benefit half and safety with the covert 19 lockdown I've commented on all my applications here that it it is Duty protecting health and safety protecting the house and safety of your employees and of your workforce that we have to open up in a scattered fashion or have less fewer staff working at one time so you can write quite a little paragraph about that infringement of basic rights hopefully you will be able to truly come in to you that they will be no infringement of basic rights and then this section is all about your finances how does the exemption application impacts on the interests of the employer with regards to following financial stability most of our applications are basically for financial stability you've taken a knock because of this nationwide lockdown and if the exemption is granted then you get some stability back impact on productivity it shouldn't have an effect unless your staff are really already in a very low emotional state or already in employee unrest or in you know things like that future relationship with employees or employees trade union obviously that's all amendable or fixable with good communication if you've got a little challenging relationship with your trade union at the moment then you must be able to honestly say that you've communicated everything to them so in order for you to be truthful at all times when completing this application operational requirements unfortunately usually here in our applications we say that should the application not be granted operational requirement dismissals will have to start happening and in the last section of this application is a firstly a statement of legal issues so here you'll have to bring up some legal issues so if this for example a case against you already because you haven't been paying your benefits over to the council you'll have to mention it here and you'll have to say how you intend to fix it and become compliant again otherwise you could refer to previous applications that have been successful or unsuccessful in the same sort of line otherwise you'll have a not applicable comment under this section the period that the exemption is required for must also be realistic you can't ask for three years for example and it's it's not practicable for the exemptions committee to grant anything later or after February of each year because that's usually when the agreements expire and so think about this logically think in in terms of three months for a conservative application or six months for nine months and we are already in May as we speak or as this record is being made so you can't really go beyond February at the moment and then also some energies that need to be attached is you're affected employees so you need to attach full details here list of their names and their respective computer numbers I usually take a download of our latest return our damn bit into exile and I just and delete all the columns with the amounts because all the other information is is there your number and description of vehicles you need to attach a list as well and then 8.1 is a new clause this is not in the normal and application forms this is especially for code 19 applications so you need to provide a letter to confirm that you are unable to operate in your full capacity or that you were operating on a partial basis due to the national lockdown and that as a result you are unable to conduct consultations with effective employees so under normal circumstances consultations from a huge part of an exemption application you need to properly consult with your employees you need to get their opinion you need them to sign attendance registers you need to get them to UM write down their opinions on what you're asking for and it's a it's a mission to get all of that done but under the lockdown they have relaxed their the obligation that put on the employer to get this these consultations done so what we've been doing is to at least communicated to the staff by means of is amiss or whatsapp or um however you can communicate with them and then we also give them this letter as they asked under 8.1 the proof of loss of income is referred to hopefully already in the beginning of their other application and it could also be attached as an annex sure as I've said you can use bank statements you can use sales reports if your management accounts are up to date that's also useful anything that shows and that proves that you've experienced a loss of income due to the lockdown and then under number team you'll list your additional documents these are your energies so you could hear a lecture a proof of loss of income and it should be list of affected employees and actually see names and description of vehicles and Exedy later as required according to 8.1 as well as whatsapp sent out to staff etc and then the last bit is just a signature this time also Masterson you mentioned on the first page and then you date it you sign it and date it and you can email it together with all the annexes to exemptions X n we see Oracle own so that was sweet and short I hope it's all clear and that I didn't just ramble through all the information too quickly with for you if you need assistance with an application you can email me or give me a call if you just if you want me to do the application from start to finish you can call me if you just need assistance for me to check through yours I'll do that as well otherwise I hope you enjoyed the video make me know if there's anything else that you need assistance with inspections or incentive schemes or the main agreements anything like that and until then stay safe and bye you