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

Notices

Bargaining Council for the Hairdressing Trade (Cape Penninsula)

Main Collective Agreement

6. Payment of Wages and Authorised Deductions

 

 

1. Wages must be paid daily, weekly or monthly, as the case may be, unless the employee's contract of service is terminated before the usual payday, when wages must be paid within seven days of the date of termination of service.

 

2. Payment must be accompanied by a payslip stating stating the employee's full name, the period for which the payment is made, any deductions made in terms of this Agreement, and the amount contained in the envelope.

 

3. Payment must be made:—
(a) in respect of monthly paid employees, during working hours on the last working day of the month;
(b) in respect of weekly paid employees, before 12:00 on Saturday of every week;
(c) in respect of casual employees, at the end of each period of employment.

 

4. An employer may not deduct any amount from an employee's wage except an amount:—
(a) required by law; or
(b) required or permitted by this Agreement.

 

5. An employee may authorise the employer to deduct an amount from the employee's wage for a registered medical aid, registered medical insurance plan, pension or provident fund.

 

6. The authorisation referred to in clause 6 (5) does not apply to any fund or scheme established by the Council.

 

6.7 Deductions and other acts concerning remuneration:—
6.7.1 An employer may not make any deduction from an employee's remuneration unless—
6.7.1.1 subject to clause 6.7.2, the employee in writing agrees to the deduction in respect of a debt specified in this Agreement; or
6.7.1.2 the deduction is required or permitted in terms of a law, a collective agreement, a court order or an arbitration award.
6.7.2 A deduction in terms of clause 6.7.1.1 may be made to reimburse an employer for loss or damage only if:—
6.7.2.1 the loss or damage occurred in the course of employment and was due to the fault of the employee;
6.7.2.2 the employer has followed a fair procedure and has given the employee a reasonable opportunity to show why the deduction should not be made;
6.7.2.3 the total amount of the debt does not exceed the actual amount of the loss or damage; and
6.7.2.4 the total deductions from the employee's remuneration in terms of this clause do not exceed one quarter of the employee's remuneration in money.
6.7.3 A deduction in terms of clause 6.7.1.1 in respect of any goods purchased by the employee must specify the nature and quantity of the goods.
6.7.4 An employer who deducts an amount from an employee's remuneration in terms of clause 6.7.1 for payment to another person must pay the amount to the person in accordance with the time period and other requirements specified in this Agreement, a law, a court order or an arbitration award.
6.7.5 An employer may not require or permit an employee to:—
6.7.5.1 repay any remuneration except for overpayments previously made by the employer resulting from an error in calculating the employee's remuneration; or
6.7.5.2 acknowledge receipt of an amount greater than the remuneration actually received.

 

[GG29206, Government Notice No. 916 inserted the above subclause. Please note that the numbering convention in the amendment notice differes from the original agreement, and subsequently "6.7" can be understood as " 6 (7)".]