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

3.9. Deductions from Earnings

Purchase

(1)	No employee shall be required as part of his contract of employment to board and/or lodge with his employer or at any place nominated by the employer or to purchase any goods from the employer;

(2)	Unless otherwise provided for in this Agreement, no deductions or set-off of any description, other than the following shall be made from the earnings which an employee would normally be entitled to receive:

(a)	Where an employee is absent from work, other than on paid leave, a deduction proportionate to such absence calculated on the basis of the wage which such employee was receiving in respect of his ordinary hours of work at the time thereof:

Provided that—

(i)	where such absence is owing to a disablement or an illness falling within the scope of the Compensation for Occupational Injuries and Diseases Act, 1993, the deduction shall,in respect of the first week of absence, not exceed 70 per cent of the employee's wage;

(ii)	an employer may as a condition precedent to the payment of any amount in terms of proviso (i) require the employee to produce a medical certificate stating the nature and duration of the employee's incapacity;

(iii)

holiday, insurance, provident and/or pension funds or medial aid schemes where these are not administered by a Regional Council or the Council, and where an employee through negotiations between himself and his employer agrees on the amount to be paid by the employee to accept board and/or lodging from his employer;

(iv)	tea, sports or similar clubs;

(v)	purchases by employees from their employers;

Provided that in the case of Division B employees who are in receipt of remuneration, excluding commission on sales, in excess of the—

National Wage Threshold:

For the period from the date of implementation of the National Wage Threshold as determined and published by the Minister of Employment and Labour as amended in the Basic Conditions of Employment Act—

(i)	For weekly earners—

is the sum of the published National Wage Threshold divided by 52 or 53 (weeks), whichever is applicable;

(ii)	For monthly earners—

is the sum of the published National Wage Threshold divided by 12 (months)

(b)	The deduction enumerated in sub-clauses (i) to (v), together with other similar deductions, may be made subject to the written consent of the employee only:

Provided further that such deductions are not in conflict with any contract on commission work that exists between the employer and employee;

(3)	traffic fines in cases where the guilty person has been identified beyond doubt; Provided that in the event of an employee being required to drive an un-roadworthy or unlicenced vehicle, such fines shall be excluded;

(4)	Deductions in terms of damage to vehicles or property in terms of Clause 9.3 of Division A of this Agreement: Provided that the maximum deduction may not exceed 30% of an employee's weekly/monthly earnings;

(5)	Deductions or set-off upon termination of employment from all moneys owing to an employee except pension and/or provident funds in respect of loans in terms of a signed acknowledgment of debt;

Provided further that it would not be necessary to obtain the Regional Council or the Council's consent for deductions other than those enumerated above, if:

(a)	deductions otherwise comply with this clause;

(b)	the employee signs a standard Council acknowledgment of debt;

(6)	the amount of the deduction is limited to 30% of the earnings, excluding statutory deductions; and

(a)	a copy of the acknowledgment of debt is given to the employee;

(7)	Every employee shall, if so required by his employer, upon receiving payment of his earnings, acknowledge receipt thereof in writing;

(8)

If an employer, owing to clerical or accounting or administrative error, or miscalculation, pays an employee any remuneration or leave pay in excess of the amount legally payable, the employer shall be entitled to recover the amount of the overpayment by deduction from subsequent wages or earnings or leave pay, subject to the following conditions:

(a)	The deductions may be made from one or more payments of earnings or leave pay, but no one deduction may exceed 20 per cent of the payment from which it is deducted;

(b)

no such deduction shall be made unless the employer,in writing, notifies employee at the time of the first deduction, and the Council within seven days of the first deduction, of the circumstances under which the overpayment was made, the amount thereof, and the amount of the proposed deduction or deductions.