In a welcome move, givers of work will now be held responsible for non-compliance
Breaking News – Givers of work to be held responsible for employing non-compliant or registered contractors.
This has been the subject I have written about most over the last eight years. Clients who use non-registered or non-compliant contractors are like a cancer that has eaten away at an industry that was once one of the best in the world, with training establishments on a par with similar establishments worldwide.
It has reached a stage where clients and contractors settle for second best to save money. This has led to a scenario where a someone with no formal training and armed only with a trowel is trusted to build your home.
I’ve been doing consulting lately and am appalled at the shoddy workmanship dished up at “prestigious developments” and luxury homes. Years ago one had to look hard to find bad workmanship; today it is difficult to find good workmanship.
For years unregistered and non-compliant contractors have borne the brunt of fines dished out by the Building Industry Bargaining Council (BIBC), but can you blame a builder for going ahead if he is offered work?
Finally, after increasing pressure from the formal industry where more contractors are facing bankruptcy for obeying the law, those giving work can now be targeted for breaking the law. See www.bibc.co.za and in the search bar type “givers of work”.
Here are a few extracts:
Compliance with the BIBC Cape of Good Hope’s collective agreement (Government Gazette No. 40841 R.NO.425), dated May 12 2017: As givers of work and agents acting on behalf of clients (body corporates, property management agents, project managers, work specifiers and/or architects etc), you are faced with choosing building contractors on a regular basis, but are you aware these contractors are required by law to be compliant with the above-mentioned collective agreement should they operate within the area of jurisdiction of the BIBC, which includes Cape Peninsula, Boland, Malmesbury and Overstrand? These “givers of work” are advised to ensure compliance with the provisions of the collective agreement going forward in relation to the work they give to sub-contractors.
You may be found liable in terms of employment laws for using a non-compliant contractor or sub-contractor. We beg to see prosecutions for state capture and corruption, but as individuals we break the law to save money.