| (1) |
An employer may not make any deduction from an employee's remuneration unless— |
| (a) |
subject to subsection (2), the employee in writing agrees to the deduction in respect of a debt specified in the agreement; or |
| (b) |
the deduction is required or permitted in terms of a law, collective agreement, court order or arbitration award. |
| (2) |
A deduction in terms of subsection (1)(a) may be made to reimburse an employer for loss or damage only 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 deductions 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 deductions from the employee's remuneration in terms of this subsection do not exceed one-quarter of the employee's remuneration in money. |
| (3) |
A deduction in terms of subsection (1)(a) in respect of any goods purchased by the employee must specify the nature and quantity of the goods. |
| (4) |
An employer who deducts an amount from an employee's remuneration in terms of subsection (1) for payment to another person must pay the amount to the person in accordance with the time period and other requirements specified in the agreement, law, court order or arbitration award. |
| (5) |
An employer may not require or permit an employee to— |
| (a) |
repay any remuneration except for overpayments previously made by the employer resulting from an error in calculating the employee's remuneration; or |
| (b) |
acknowledge receipt of an amount greater than the remuneration actually received. |
| (c) |
pay the employer or any other person in respect of— |
| (i) |
the employment or training of that employee; |
| (ii) |
the supply of any work equipment or tools; or |
| (iii) |
the supply of any work clothing.1
|
| (6) |
An employer may not require an employee to purchase any goods from the employer or from any person, shop or other business nominated by the employer. |
| (7) |
An employer may not levy a fine against an employee. |
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| 1 |
An employer may not make any deduction from remuneration or require or permit an employee 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 an employee (section 23 of the Occupational Health and Safety Act, 85 of 1993. |
Contingency Fees Act, 1997
