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A sectoral determination (SD) makes it compulsory for all employees who fall under its jurisdiction to join and pay dues in respect of a specifically prescribed retirement fund. The employees notify the employer that they refuse to join the prescribed fund and that the employer is to pay their dues to another (non-statutory) retirement fund identified by them.
Is the employer legally obligated to register the employees on the fund prescribed by the SD or is it first required to apply on the employees’ behalf to the DOEL for a ministerial variation in terms of section 50 of the BCEA or for an exemption from becoming members of the SD prescribed fund?
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