| (1) |
For employees, other than casual employees, an employer must pay to an employee any remuneration— |
| (a) |
in South African currency; |
| (b) |
daily, weekly, fortnightly or monthly; and |
| (c) |
in cash, by cheque or by direct deposit in an account designated by the employee. |
| (2) |
Any remuneration paid by cheque or by cash must be given to each employee— |
| (a) |
during the ordinary hours of work; |
| (b) |
within 15 minutes thereafter on the usual pay-day of the establishment for such employee; or |
| (c) |
at such time as may have been agreed upon between such employee and the employer, which time shall fall during the ordinary hours of work of the establishment, but not later than 48 hours after the usual pay-day; or |
| (d) |
within 48 hours of termination of employment, weekends and public holidays excluded. |
| (3) |
Such amount shall be contained in a sealed envelope. |
| (4) |
An employer must give an employee a payslip on which the following information is included in writing on each day the employee is paid— |
| (a) |
the employer’s name and address; |
| (b) |
the employee’s name or his number on the payroll, the employee’s job category and grade; |
| (c) |
the period for which payment is made; |
| (d) |
the amount and purpose of any deductions made from the remuneration; |
| (e) |
the nett amount paid to the employee; |
| (f) |
the employee’s hourly rate of pay and overtime rate; |
| (g) |
the number of ordinary hours worked by the employee; |
| (h) |
the number of overtime hours worked by the employee; |
| (i) |
the number of hours worked by the employee on a Sunday during that period; |
| (j) |
the number of hours worked by an employee on a public holiday during that period; and |
| (k) |
the details of any other remuneration arising out of the employee’s employment contract or in terms of an agreement to average working time in terms of the BCEA No 75 of 1997; |
| (5) |
The written information required in terms of sub clause (4) must be given to each employee at the workplace or at a place agreed to by the employee and such salary advice on which these particulars are recorded or such statement shall become the property of the employee: |
Provided that—
| (a) |
the particulars prescribed above may be recorded on a salary advice or such statement in code which shall be fully set out and explained in an accompanying notice or in a notice kept posted in some conspicuous place in the establishment, accessible to all employees affected thereby; |
| (b) |
the amount due to the employee may be paid into the employee’s nominated building society or bank account, by manual or electronic funds transfer, by the employer, who shall, however, deliver to the employee the aforementioned statement, by hand or electronically. |
| (6) |
Casual employees, ship security officers and cargo security officers: |
An employer shall pay a casual employee the remuneration due to the employee in cash on completion of each day’s work:
Provided that the employer may, at the request of such employee, pay the employee the remuneration at the end of that week or month, by mutual agreement.
Subject to any other law, 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 and no employer shall require an employee to—
| (a) |
repay any portion of the remuneration which was due to that employee; or |
| (b) |
acknowledge receipt of an amount greater than the remuneration actually paid to the employee. |
An employer shall not require an employee to purchase any goods from the employer or from any shop, place or person nominated by the employer.
| (9) |
Accommodation, meals and rations and payment in kind: |
An employer shall not as a condition of employment, require an 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 kind form of payment in lieu of salaries or a part thereof.
| (10) |
Spares or relievers: |
If an employee works as a "spare" or "reliever", the employee will be employed on a full time basis, at the rate for the relevant category of employment, and the employer must pay the employee the amount that the employee would ordinarily have earned even if that employee had not been placed at a post.
An employer shall not levy any fines against an employee nor make any deductions from the employee’s remuneration other than the following—
| (a) |
Other than clause 4(11)(c), by agreement with the employee in writing, in respect of a debt specified in the agreement, or |
| (b) |
A deduction of any amount which an employer by law or order of any competent court is required or permitted to make; |
| (c) |
To reimburse the employer for loss or damage only if— |
| (i) |
the loss or damage occurred in the course of employment and was due to the fault of the employee, |
| (ii) |
the employer has followed a fair procedure and has given the employee a reasonable opportunity to show why the deduction should not be made, |
| (iii) |
the total amount of the debt does not exceed the actual amount of the loss or damage, and |
| (iv) |
the total monthly deductions from the employee’s remuneration in terms of this sub clause do not exceed one quarter of the employee’s gross monthly remuneration in money. |
Proviso (iv) shall not apply where the contract of employment is terminated.
| (d) |
With the written consent of the employee, a deduction for any medical, insurance, savings, provident or pension fund, or in respect of subscriptions to a trade union, other than compulsory statutory deductions and/or contributions. |
| (e) |
Whenever the ordinary hours of work are reduced because of short time, a deduction not exceeding the amount of the employee’s, other than a casual employee, hourly equivalent wage in respect of each hour of such reduction: Provided that— |
| (i) |
such deduction shall not exceed one third of the employee’s salary, irrespective of the number of hours by which the ordinary hours of work are thus reduced; |
| (ii) |
no deduction shall be made in the case of short time arising from slackness of business, unless the employer has given an employee notice on the previous working day of the employer’s 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 plant or machinery or a breakdown or threatened breakdown of buildings, in respect of the first hour not worked, unless the employer has given an employee notice on the previous day that no work will be available. |
| (f) |
With the written consent of an employee, a deduction towards the repayment of any amount loaned or advanced to the employee by the employer. |
Provided that—
| (i) |
any such deduction shall not exceed one third of the total remuneration due to the employee on the payday concerned; |
| (ii) |
no such deduction shall be made in respect of any period during which the employee’s salary is reduced in terms of sub clause 11(e); |
sub clause 6(11)(f)(i) and (ii) shall not apply where the contract of employment is terminated.
| (g) |
A deduction in accordance with the provisions of clause 9(9); and |
| (h) |
Any other deduction made at the written request of the employee and with the agreement of the employer: Provided that if the purpose of such deduction is the payment of any amount to any banking institution, building society, insurance business, registered financial institution, local authority, the State or any third party, the employer shall make such payment to such institution in accordance with the request of the employee within the timeframe indicated in such request, or where no timeframe is indicated, within one week. |
Contingency Fees Act, 1997
