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Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)

Sectoral Determinations

Sectoral Determination 11 : Taxi Sector

Part B : Minimum Wages

8. Deductions


(1) An employer may not make any deduction from an employee's pay except—
(a) on the written request of an employee, a deduction of an amount which the employer has paid or undertaken to pay to a third party including but not limited to—
(i) any holiday, sick, medical, insurance, savings, provident fund or pension fund of which the employee is a member;
(ii) any registered trade union in respect of subscriptions;
(iii) any bank, building society, insurance business, registered financing institution, or local authority in respect of a payment on a loan granted to the employee to acquire a dwelling;
(iv) the owner or agent in respect of the rent of a dwelling or accommodation occupied by the employee;
(b) with the agreement of the employee, a deduction, not exceeding one-tenth of the wage due to the employee on the pay-day concerned, towards the repayment of any amount loaned or advanced to the employee by the employer;
(c) a deduction of any amount which the employer is required to make by law or in terms of a court order or arbitration award; or
(d) with the written agreement of the employee, and subject to sub-clause (2), a deduction to reimburse an employer for loss or damage.


(2) A deduction in terms of sub-clause (1)(d) may only be made if—
(a) the loss or damage occurred in the course of employment and was due to the fault of the employee;
(b) the employer has followed a fair procedure and has given the employee a reasonable opportunity to show why the deduction should not be made;
(c) the total amount of the debt does not exceed the actual amount of the loss or damage; and
(d) the total deduction from the employee's pay in terms of this sub-clause does not exceed one-quarter of the employee's total wage.