MIBCO is the Motor Industry Bargaining Council, whose mission is to create and maintain industrial peace and stability in the Motor Industry.
A statutory payment is all payments due by law, for example salary, commission entitlement, accrued leave pay upon termination of employment etc.
In the event that these payments are not made correctly to our members, or not paid at all, MISA can refer these matters to MIBCO for assistance and enforcement.
The MIBCO Inspectorate Department employs designated agents who are authorised to investigate statutory matters.
Once MISA becomes aware of underpayment or non-payments, the details of such claim is sent to MIBCO, together with an instruction for a MIBCO agent to conduct an investigation. These details include: The MISA member’s details, the Employer’s details, the type of contravention and the details of the contravention. Supporting documentation is also supplied to MIBCO, such as an ID copy, payslips, commission sheets etc.
Upon receipt of the instruction, a MIBCO agent does the investigation. The investigation can either be done electronically or physically at the place of work. If the agent finds that there is indeed a contravention, a compliance notice is issued to the Employer, who then has seven (7) days to comply and make payment.
If the Employer fails to make the payment, the matter is referred to the MIBCO Legal Department. The dispute is then lodged at the MIBCO Dispute Resolution Centre (DRC) who is accredited by the CCMA, in order for the matter to be resolved. The matter will follow the normal process of Conciliation and Arbitration.
In a nutshell, MIBCO agents investigate and enforce payments that are due to employees by Law.
Remember MISA is just a phone call away!