| (1) |
An employer may not make any deductions from an employee’s remuneration other than the following: |
| (a) |
an employee agrees in writing to deduction in respect of any accommodation, holiday, sick, medical, insurance, savings, trade union subscriptions or debt specified in the agreement. |
[Sectoral Determination 1, clause 7(1)(a) substituted by section 2 of Notice. No. R. 1196 of 2001]
| (b) |
If an employee agrees in writing to deductions which the employer has paid or undertaken to pay to— |
| (i) |
any banking institution, building society, insurance business, registered financial institution, local authority, in respect of a payment on a loan granted to such an employee to acquire a dwelling; |
| (ii) |
any other organisation or body in respect of a dwelling or accommodation in a hostel occupied by such employee if such dwelling or hostel is provided through the instrumentality of such organisation or body wholly or partially from finds advanced for the that purpose by the state, a building society or a local authority |
| (c) |
the deduction is required or permitted in terms of a law, collective agreement, court order or arbitration award. |
| (2) |
An employer who deducts an amount from an employee’s remuneration in terms of subclause (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. |
| (3) |
Training fee: Subject to the provisions of any other act, no payment by or on behalf of an employee shall be accepted by an employer, either directly or indirectly, in respect of the employment or training of that employee. |
| (4) |
Purchase of goods: An employer shall not require an employee to purchase any goods from the employer or from any shop, place or persons nominated by the employer |
| (5) |
Accommodation, meals and rations and payment in natura: An employer shall not as a condition of employment require the employee to accept accommodation, meals or rations from the employer or from any person or at any place nominated by the employer. An employer shall not as a condition of employment require an employee to receive any in natura form of payment in lieu of wages or a part of the employee’s wages. |
| (6) |
A deduction in terms of subclause (1) 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-tenth of the employee’s remuneration in money. |
| (7) |
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. |
| (8) |
Except where otherwise provided in this determination, whenever an employee is absent from work other than on the instructions of the employer, a deduction proportionate to the period of such absence and calculated on the basis of the wage which such employee was receiving in respect of the employee’s ordinary hours of work at the time of such absence |
| (9) |
Short time: Whenever the ordinary hours of work specified in the Act are reduced on account of short time, a deduction not exceeding the amount of the employee’s hourly wage in respect of each hour of such reduction: Provided that— |
| (i) |
such deduction shall not exceed one third of the employee’s weekly wage, irrespective of the number of hours by which the ordinary hours of work were reduced; |
| (ii) |
no deduction shall be made in the case of short time arising out of slackness of trade or shortage of raw materials, unless the employer has given the employee notice on the previous day of the intention to reduce the ordinary hours of work; |
| (iii) |
no deduction shall be made in the case of short time owing to a breakdown of machinery or because the building was unfit for use or is in danger of becoming unfit for use, in respect of the first two hours not worked, unless the employer has given the employee notice on the previous day that no work will be available; |
| (iv) |
if the employee has reported for work, no deductions shall be made in the case of short time owing to bad weather in respect of the first two hours not worked, unless the employer has given the employee notice on the previous working day that no work will be available due to inclement weather; |
| (v) |
Should work be stopped due to bad weather and if an employee has reported for work, the employee will be paid for the hours worked plus two hours. Provided that no fewer than four hours and no more than the previous ordinary day’s wage will be paid on such a day. |
Public Service Commission Act, 1997
