FAQs

Every employer whose operations falls within the definition of the scope of the Chemical Industry as defined in the Constitution of the National Bargaining Council for the Chemical Industry (NBCCI) may become the member of the NBCCI.

Unless advised otherwise, company membership to the Council is through an employers association. This registration not only ensures compliance but also opens doors to a range of services and benefits offered by the Council.

Collective Bargaining and Dispute resolution levy

• Collective bargaining levy – is applicable to employees that falls within the bargaining unit – employees whose wages, terms and conditions of employment are negotiated and settled through centralised bargaining
• Dispute Resolution levy – is payable by employees that are outside the bargaining unit, usually from management level and above. Employees whose salaries are not negotiated at the bargaining council level.

The levies fund the Council’s broad range of services to the industry, such as collective bargaining, dispute resolution and general administration of the Council making the contributions vital to the Council’s operations.

Currently, it is a Council’s constitutional requirement for Companies to join Employers organisations to qualify them to be members of the Council. This is however, not the case with the Trade Unions. Employees are entitled to exercise the rights of choice whether or not to join a member trade union.

The collective bargaining levy is the portion of the levies allocated to fund centralised bargaining.

The minimum pay rates are contained in the substantive agreements of each sectoral agreement.

Generally from 1 July each year (unless agreed otherwise by the Council or promulgated differently by the Minister.)

Conciliation is a process aimed at resolving disputes. CCMA-accredited commissioners, chosen for the NBCCI panel, meet with both the employer and employee parties to discuss ways to reach a resolution. This process does not allow legal representation and is carried out in a private, confidential, and without prejudice-manner.

• Speedy resolution of disputes. It is beneficial for parties to settle disputes at the lowest possible level.
• Cost effective process. By attending the hearing, both parties can avoid the unnecessary costs involved in the arbitration process, such as the length of the process and the potential attendance of witnesses.
• The conciliation process is private, confidential, and without prejudice.

• When a conciliation hearing is scheduled, it is done so within 30 days from the date of referral. Most conciliation hearings normally take 60 minutes to 2 hours.
• However, when a conciliation matter remains unresolved, the party can refer the matter to arbitration within 90-days from the date of conciliation which is usually the date in which the certificate of nonresolution is issue.
• When an arbitration hearing is scheduled, it is done so within 60 days of referral. Most arbitration hearings normally take from an hour to 4 hours, full day or multiple days depending on the complexity of the case.

The Council must give parties at least 14 days’ notice for a conciliation hearing.

You inform the Council of your unavailability. The matter would remain unresolved, and a certificate of outcome is issued to allow you to take the matter to the next level.

If the parties cannot reach an agreement at conciliation, the matter remains unresolved, depending on the nature of the dispute, the dispute can be referred to arbitration or the labour court or strike/lockout.

• Document all the issues you want to discuss.
• Be open-minded, courteous, and willing to provide all the relevant facts. Be flexible in your approach to enable a conducive atmosphere that would lead to an amicable solution and mutual agreement.
• A brief history of the synopsis of the event detailing the facts of the event.
• You must also know your facts, why you are at the hearing, and what result you require.
• Solution/results oriented attitude/approach

An employee may appear in person at any proceedings before a Panellist or be represented by a member, official or office bearer of a registered trade union that the employee was a member of when the dispute arose. An attorney or a consultant may not represent at conciliation.

• There may be a variety of outcomes, but usually they are as follows:
  o Resolved through a settlement or;
  o Unresolved, where the referring party can escalate the dispute to arbitration.
• The types of conciliation settlements include financial settlements and /or reinstatements
• Withdraw the dispute if the referring party believes the case may not yield the desired outcome.

Arbitration is a formal and lengthy step in the dispute resolution process. It may involve using a legal representative, and both parties must attend. If the referring parties fail to attend, the case may be dismissed. If the Respondent party fails to attend, the case may continue in their absence.

On any disputes, except for misconduct and incapacity disputes, or if the application under Rule 25 of the Council Dispute Resolution Procedures is granted, the application should be brought to the Council within 14 days before the arbitration date.

Form C2

A party has 90 days to refer that dispute to arbitration from the date on which conciliation remains unresolved or the 30-day conciliation period has expired.

The Council must give parties 21 days’ notice for an arbitration unless the parties agree to a shorter period or unless circumstances require a shorter period.

Within 14 days of completion of the arbitration, unless the parties request to submit closing arguments later or the Commissioner requests an extension.

You can apply for an enforcement process which starts with the completion of LRA form 7.18A in term of Section 143 of the Labour Relations Act 1995.

You can apply to the Labour Court under section 145 of the LRA within 6 weeks of receiving the award. Failure to comply with the 6 weeks period will require a condonation application.

You can apply for condonation in term of Rule 31 read together with Rule 9 of the Council Dispute Resolution Procedures. (NB! The Council has adopted the CCMA Rules as its Dispute Resolution Procedures with the exception of Rule 25(1)(f))

Condonation, in its ordinary meaning, is the forgiveness or overlooking of an offence. The “offence” in this context is lateness or failure to comply with the prescribed time limits.

For unfair dismissal, the Applicant/dismissed employee have thirty (30) days to refer the matter after the date of dismissal. The date of dismissal refers to the date the employer has made a final decision to dismiss or uphold the dismissal. For unfair labour practice, the Applicant have ninety (90) days to refer the matter. When a certificate of conciliation outcome is issued, the applicant has 90 days to refer the dispute for arbitration.

You can apply for condonation by completing the prescribed application form.