Acts Online
GT Shield

Labour Relations Act, 1995 (Act No. 66 of 1995)

Notices

Motor Industry Bargaining Council  (MIBCO)

Extension to Non-Parties of the Main Collective Agreement

Division A

Clause 3: Particulars of Employment and Remuneration

3.8 Payment of Earnings

 

(1) All earnings due shall be paid either hourly, daily, weekly, fortnightly or monthly, depending on the contract of employment, as the case may be, in cash, cheque or by means of electronic transfer; Provided that if payment is made by cheque, it shall be made at a time which permits the cheque to be cashed on the day of payment.

 

Provided further that at the request of the employee and with the consent of the employer the employee may be paid on another week-day, i.e. excluding Sunday.

 

(a) The time referred to in this sub-clause shall permit all employees who are being paid in cash, being paid by not later than their normal stopping time.

 

(2) On the weekly or monthly pay-day referred to in sub-clause (1) of  this clause, all employees to whom the special circumstances  referred to in sub-clauses (4) and (6) of this clause do not apply, shall be paid all the wages and all the allowances and/or commission other than leave pay accrued to them in respect of the week or month of employment just completed.

 

(3) Where an employee assumes or returns to duty and has worked less than three shifts immediately preceding the ordinary pay-day the employer may carry over the earnings for such shift{s) to not later than the following pay-day.

 

(4) The monthly earnings due to monthly paid employees shall be paid to them not later than the last working day of each calendar month: Provided that the commission on sales due to a motor vehicle salesperson shall not be calculated earlier than the 20th day of the month to which it relates and shall be paid by not later than the 7th day of the following month.

 

[NOTE: For the provisions applicable to Sector 6 (Dealers Sales and Distribution establishments) and Sector 7 (Automotive Parts, Accessories, Equipment and Tools establishments) In respect of this sub-clause refer to Clause 4 of Division D of this Agreement]

 

(5) Upon termination of employment, the employer shall pay an employee his earnings calculated up to the time and date of termination of services, on the date of such termination.

 

(6) An employer who wishes to change the day on which earnings are paid to his employees, shall notify his employees of his intention to change this day by displaying at least 14 days before the change takes place, a suitable notice in a prominent place on his premises.

 

(7) All earnings shall be handed to employees in sealed containers on which shall be reflected, or which shall be accompanied by a statement showing—
(a) the name of the employer;
(b) the full names of the employee;
(c) the date of payment;
(d) the period in respect of which payment is made;
(e) the number of ordinary and overtime hours worked and the earnings due;
(f) the number of hours worked on a Sunday and the earnings due therefore;
(g) details of any other earnings;
(h) details of any deductions which have been made;
(i) the amount enclosed; and
(j) any amount due as leave pay in terms of the Main Agreement unless such leave pay has to be sent in terms of that Agreement to the secretary of a Regional Council.