Exemptions Process


1. An Application is received by the NECWEI Secretariat.
2. Vetting is done to check for the required documents.
3. Where all documents are furnished, application is referred to the exemption committee.

NB: In the case where there are missing requirements the NEC Secretariat writes back to the Applicant for them to furnish NECWEI
with these.

4. Parties are invited to appear before the NECWEI Exemptions Committee for them to make their presentations in support or objection to the Exemptions Applications.
5. The Exemptions Committee members would then seek any clarifications from both parties on the exemptions made (if any).
6. The Exemptions Committee would then make a decision/ or come up with a determination as to whether grant or turn down the exemptions request.

NB. It has become easier for the Exemptions Committee to grant exemptions where both parties are in agreement to such an application. In
such instances, the Committee confirms the position from the parties and ratifies the arrangement.

Requirements for exemption are provided for in Section 5 of S.I. 102 of 2014 which reads:-
The council may at its sole discretion upon application by an employer registered with the council or employees grant exemption with respect to any of the provisions of the Collective Bargaining Agreement.

Provided that an application for exemption on the payment of prescribed wages shall be accompanied by:-

i. Audited financial statements.
ii. Where the application is being made further than three months after the date of the audited financial statements, a current balance sheet should be provided by the bookkeeper of the institution.
iii. A list of names, grades and current salaries of the employees affected by the exemption application.
iv. Reasons for such application.
v. The minutes of the relevant meeting held with the affected workers at which they were informed by the institution of its intention to seek exemption from paying prescribed wages.

Applications of exemption can only be referred to the exemptions committee after the NECWEI secretariat has received documentation in satisfaction of section 5 of S.I. 102.

Where adequate information has not been provided, the NECWEI secretariat writes to the institution which has applied for exemption to furnish the NECWEI with the required documents.


Most applications that are made will be lacking all the required documents provided for in terms of S.I. 102 of 2014 hence the Exemptions Committee
would not be able to proceed and hear the applications under such circumstances.

These cause delays in the finalisation of the application.