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

Notices

National Bargaining Council for the Electrical Industry of South Africa:

Extension of Consolidation of Collective Agreement to Non-parties

Part I

15. Payment of Remuneration and Deductions

 

 

(1)        

(a) Remuneration shall be paid weekly, fortnightly or monthly as mutually agreed upon by the employer and at least 66 per cent of his employees. The employer shall notify the Council of the arrangement made for the payment of remuneration within 30 days of agreement being reached.
(b) Where the services of an employee are terminated after the closure of the pay week, all remuneration due to him after that closure shall be payable not later than the pay day on which the remuneration would normally have been paid or not later than seven days after the termination of employment, whichever is the earlier: Provided that, at the request of the employee, such remuneration shall be forwarded to him, either in the form of a money order or a cheque, at an address provided by him.
(c) Every employee shall be given a statement of payment showing at least the information referred to in clause 11 of this Agreement.

 

(2)
(a) Except as otherwise provided in this Agreement, only the following deductions may be made from the wages or earnings payable to any employee in terms of this Agreement:
(i) For canteen services, where the deduction is authorised by stop-order terminable by the employee by giving not more than 28 days' notice of the termination of his agreement to such deduction being made,
(ii) where an employee is absent from work, including absence during any unpaid holiday granted in extension of the paid holidays provided for in this Agreement, a pro rata amount for the period of such absence,
(iii) with the written consent of the employee, deductions for insurance or any other funds approved by the Council,
(iv) contributions to the funds of the Council in terms of clause 31 and clause 2 of Part II of this Agreement,
(v) deduction of any amount which an employer is legally or by order of any competent court required or permitted to make,
(vi) where an employer, owing to a clerical, accounting or administrative error or miscalculation, pays an employee remuneration in excess of the amount legally payable, the employer shall be entitled to recover the amount of the overpayment by deduction from subsequent wages or earnings, but no one deduction may exceed 15 per cent of the employee's remuneration,
(vii) deductions for subscriptions to the trade union,
(viii) Whenever an advance or loan is made by an employer, at the request of an employee, the employer may, on receipt of a stop-order signed by the employee, make deductions from such employee's subsequent wages or earnings, but no one deduction shall exceed 15 per cent of the remuneration from which it may be deducted.

If the services of an employee are terminated, for any reason, before the loan or advance has been paid in full, the employer may appeal to the Council for reimbursement of the amount owing from the moneys for leave pay and bonus pay which the employer may have lodged with the Council in respect of the employee in terms of this Agreement. The Council may, after considering any reasons which may have been submitted, uphold the appeal or give such other decision as the Council may deem fit.

(ix) Where moneys have been advanced to the employee to expend in the course of his duties for his employer, he may be required to render a satisfactory account of expenditure to his employer. Should the services of the employee be terminated and such moneys not have been refunded, the employer shall be entitled to recover such amount from the employee's wages or earnings: Provided that an employee who is aggrieved by the application to him of this clause, may appeal to the Council against such a decision applied to him and the Council may, after considering any reasons which may be submitted for such decision, confirm that decision or give such other decision as in its opinion ought to have been given in such case.
(b) Notwithstanding the provisions of this clause relating to payment of remuneration an employer may, by mutual arrangement with his employees, pay any amount due to an employee in terms of this Agreement by cheque or to the credit of such employee with a bank, or registered deposit-receiving institution nominated by the employee, such payment into a bank, or institution to include all payments due to the employee.
(c) In the event of the employment of an employee terminating before the ordinary pay-day applicable in his case, all payments due to the employee in terms of this Agreement shall be paid in accordance with the relative requirements of this Agreement.
(d) Notwithstanding the provisions of clause 16 of this Agreement relating to payment of leave pay, payment of leave pay shall be made in accordance with the provisions of this clause in the same manner as that in which the employee is paid his earnings.
(e) Monthly-paid employees
(i) Foremen whose duties require them to supervise other artisans and employees may, upon notification to the Council, be remunerated on the basis of a monthly salary, which shall be not less than the remuneration prescribed for an installation electrician in this Agreement for the number of hours per week, including overtime hours, permitted in terms of this Agreement.
(ii) All the provisions of this Agreement shall be applicable to a monthly-paid employee, including payment at overtime rates for all time worked in excess of the hours specified in the letter of appointment, which shall be lodged with the Council.
(iii) A monthly-paid employee who has time off work with the permission of his employer shall be paid for such time off.

 

(3) Nothing in this Agreement shall operate to reduce the wage which was being paid to an employee immediately prior to, or to which any employee was entitled at, the date of the commencement of this Agreement while such employee is employed by the same employer.

 

The provisions of this subclause shall also apply in the case of any employee whose services are terminated by such employer subsequent to the date of commencement of this Agreement and who is re-engaged by such employer within a period of 30 calendar days.