Acts Online
GT Shield

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

Notices

National Bargaining Council for the Clothing Manufacturing Industry

Main Collective Agreement

Part C : Provisions for the KwaZulu-Natal Region

8. Payment of Wages and Overtime

 

 

(1)

(a) An employer shall pay wages and other remuneration in sealed envelopes on which shall be reflected, or which shall be accompanied by a slip or statement showing—
(i) the name and Council number of the employee;
(ii) weekly rate of pay;
(iii) total hours worked;
(iv) date up to which payment is made;
(v) total amount contained in the envelope;
(vi) details of all deductions [in terms of subclause (6)]; and
(vii) the amounts paid in respect of work done on Sundays.

 

All such information shall be either machine-printed, or written in ink, or shall be clear carbon copy. Such payments shall be made in cash weekly on Fridays, during working hours, at the establishment of the employer within half an hour before the closing time of the establishment: provided that, where an employee's services do not terminate on the ordinary payday of the establishment concerned, any amounts due to him shall be paid immediately upon such termination. [This clause shall not apply to monthly-paid employees who are in receipt of at least R650 per month and clerical employees, who are provided for in paragraph (b) hereof].

(b) An employer shall pay wages to monthly paid employees who are in receipt of at least R650 per month and clerical employees who are engaged on a monthly basis, not later than the last day of each calendar month, or upon termination of their employment, if this should take place before the ordinary payday of the employee.
(c) In the case of a twilight shift worker, the wages due to an employee shall be paid at a time agreed upon between such employee and his employer, which time shall be during a twilight shift, but not later then twenty-four hours after the usual pay day.

 

(2) On every day on which wages or other remuneration are payable in terms of subclause (1) (a)—
(a) every employer shall by 14:00 have available in cash in the establishment the full amount to be paid;
(b) the envelopes referred to in subclause (1) (a) shall be duly completed and sealed at least one hour before the closing time of the establishment.

 

(3) Where work is performed by employees organised in sets or teams, every employee shall be paid his earnings by the employer in whose establishment the work is performed or by his representative.

 

(4) An employer shall pay to an employee who, during any part of any week, is employed on more than one class of work for which different weekly wages are hereby prescribed, the highest of such different weekly wages for the whole of such week.

 

(5) An employee other than a watchman, engaged on night shift, shall be paid not less than the remuneration prescribed for his class of work in clause 4 of this part of the Agreement, plus 12½ per cent.

 

(6) No employer shall make a deduction of any description from amounts due to an employee in respect of wages or overtime, except in the following circumstances:
(a) Whenever an employee is absent from work otherwise than on the instructions or at the request of his employer, a deduction proportionate to the period of his absence and calculated on the basis of the wage which such employee was receiving in respect of his ordinary hours of work at the time thereof may be made unless otherwise provided in this part of the Agreement;
(b) in any establishment where the regular weekly hours of work are less than 42½, the employee may be paid for the actual number of hours worked at the hourly rate: Provided that an employee shall be paid an amount not less than 40 times the hourly wage in respect of any week's work;
(c) deductions may be made by an employer for insurance or pension funds with the written consent of the employee;
(d) contributions to Council funds shall be deducted in terms of clause 25 of this part of the Agreement;
(e) deductions shall be made by the employer in terms of the Provident Fund Agreement of the Clothing Industry (Natal);
(f) the costs of scissors supplied to employees may be deducted;
(g) if, owing to the accidental stoppage of machinery, no work is available for an employee, deductions may be made by the employer from the wage of such employee only for the time lost which is in excess of one hour in respect of each stoppage;
(h) any amount which an employer is legally compelled or permitted to pay on behalf of any employee may be deducted;
(i) contributions to the Sick Benefit Fund shall be deducted in terms of clause 35 (3) of this part of the Agreement;
(j) deductions for trade union subscriptions shall be made in terms of clause 27 (2) of this part of the Agreement;
(k) where short-time has been introduced, the employee shall, subject to the provisions of clause 7 of this part of the Agreement, be paid for the actual time worked.