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

Sectoral Determinations

Sectoral Determination 13 : Farm Worker Sector, South Africa

Part B : Minimum Wages

7. Prohibited acts concerning pay

 

(1) An employer may not withhold any payment from a farm worker or require a farm worker to pay the farmer or any other person in respect of—
(a) the employment or training of that farm worker;
(b) the supply of any work equipment or tools; or
(c) the supply of any work clothing.1

 

(2) An employer may not require a farm worker to purchase any goods from the employer or from any person, shop or other business nominated by the employer.

 

(3) An employer may not levy a fine against a farm worker.

 

(4) An employer may not require or permit a farm worker to—
(a) repay any amount or remuneration paid except for overpayments previously made by the employer resulting from an error in calculating the farm worker’s wage; or
(b) acknowledge receipt of an amount greater than the wage or remuneration actually received.

 

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1 An employer may not make any deduction from remuneration or require or permit a farm worker to make any payment to the employer or any other person in respect of anything that the employer is required to do in the interests of the health and safety of a farm worker (section 23 of the Occupational Health and Safety Act, 85 of 1993.