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Labour Relations Act, 1995 (Act No. 66 of 1995)

National Bargaining Council for the Road Freight and Logistics Industry (NBCRFLI)

Main Collective Agreement

Part 5 : Remuneration

31. Payment of remuneration for employees other than relief employees

 

 

1) For the purposes of this clause, remuneration includes an employee's wages, payments for overtime, allowances and all other payments due to an employee.

 

2) An employer must pay an employee's remuneration-
a) in cash weekly during the ordinary hours of work of the employee on the usual pay day of the establishment;
b) with the written consent of the employee-
i) monthly in cash or by cheque during the ordinary hours of work of the employee on the usual pay day of the establishment;
ii) whether the employee is weekly paid or monthly paid into that employee's bank account, on or before the usual pay day of the establishment;
c) on termination of employment on the usual pay day;
d) Remuneration payments made in cash or by cheque must be contained in a sealed wage envelope or a sealed container.

 

3) The wage envelope or container referred to in sub-clause (d) must record the following information, or must be accompanied by a statement recording the following information-
a) the employer's name;
b) the employee's name or his number on the payroll and his category;
c) the number of ordinary hours of work worked by the employee;
d) the number of overtime hours worked by the employee;
e) the employee's actual wage;
f) details of any other payments arising out of the employee's employment;
g) details of any deductions made;
h) the actual amount paid to the employee; and
i) the period in respect of which payment is made, and the envelope or container on which the said particulars are recorded, or the statement on which such particulars are shown, shall become the property of the employee.

 

4) If an employee's remuneration is paid into that employee's bank account, the employer must provide the employee with-
a) a receipt showing proof of payment; and
b) a statement referred to in sub-clause (3).

 

5) The particulars prescribed in sub-clause (3) may be recorded in code provided that the code is fully set out and explained in a notice-
a) that accompanies the payment; or
b) is kept posted in a conspicuous place in the establishment accessible to all affected employees.

 

6) If an employee is absent on the usual pay day of the establishment, the employee must be paid within 24 hours of the employee's return to the establishment.

 

7) Within 14 days of the date of payment, an employee may direct a query to an employer concerning-
a) any particulars provided on the employee's wage envelope, container, or accompanying statement;
b) the amount paid to the employee.

 

8) If an employee is not satisfied with an employer's response to a query lodged in terms of sub-clause (7), the employee may direct the query to the Council, which query must be received by the Council within 26 weeks of the date of payment.