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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

37. Deductions for loss or damage

 

 

1) Except where otherwise provided in this Agreement, employees may not agree to any deductions from their wages in respect of loss or damage suffered by their employer, unless-
a) the loss or damage occurred in the course of employment and was due to the fault of the employee;
b) the deduction amounts to less than R1 000,00; and
c) the agreement to the deductions is reduced to writing and the employee signs the document in the presence of a fellow employee of the employee's choice.

 

2) If an employee does not agree to a deduction, or in the case of any deduction exceeding R1 000,00, the employer may only make the deduction if the employer has found the employee liable for such loss or damage after a fair inquiry at which a fair procedure was followed and the employee has been given a reasonable opportunity to show why the deduction should not be made.

 

3) The total amount of any deductions for loss or damage-
a) may not exceed the actual amount of the loss or damage and no deduction may be made if it would result in an employer being reimbursed twice for the same loss or damage;
b) may not exceed one quarter (25%) of the employee's monetary remuneration.

 

4) In any period of 52 weeks, deductions for loss or damage may not exceed 20% of the annual wage of an employee.