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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

39. Other deductions

 

 

1) 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 a greater amount than the remuneration actually received.

 

2) Except as otherwise provided in this Agreement, an employer may deduct, from the remuneration of an employee who is absent from work otherwise than at the instance of the employer, an amount-
a) proportionate to the period of the employee's absence;
b) calculated on the basis of the employee's basic wage in respect of ordinary hours of work at the time of the absence.

 

3) Subject to the consent of the Council, an employer may deduct from an employee's remuneration -
a) an amount advanced to an employee by the employer;
b) the cost of protective clothing, tools or equipment issued to the employee free of charge and not returned to the employer, when requested to do so.

 

4) The Council will only give its consent to a deduction for the loss of tools or equipment that-
a) were specifically issued to a driver and which should remain in the driver's possession at all times that the driver is on duty;
b) must be carried on a vehicle and must be fixed to or locked in the vehicle.

 

5) An employee who feels aggrieved by any deduction from remuneration may, on good cause shown, appeal to the Council which must, consider all relevant facts and either uphold or deny such appeal.