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

Bargaining Council for the South African Road Passenger (SARPBAC)

Main Collective Agreement

35. Payment of Remuneration

 

 

35.1 Any amount due to an Employee shall, in accordance with company policy, be paid weekly, fortnightly or monthly in cash, by cheque or by direct deposit into an account designated by the Employee.

 

35.2 Any remuneration paid in cash or by cheque must be given to each Employee:

35.2.1        at the workplace or at a place agreed to by the Employee;

35.2.2        on the designated pay day; and

35.2.3        in a sealed envelope.

 

35.3 An Employer must give an Employee the following information in writing on each day that an Employee is paid:
35.3.1 the Employer's name;
35.3.2 the Employee's name and occupation;
35.3.3 the period for which the payment is made;
35.3.4 the Employee's gross remuneration;
35.3.5 the amount and description of any deduction made from the remuneration;
35.3.6 details of overtime and other earnings;  and
35.3.7 the actual Nett pay.

 

35.4 Save as provided for in terms of this Agreement, no Employer shall levy any fines against the Employee nor may he make any deductions from the Employee's remuneration other than:

35.4.1        with the written consent of the Employee;

35.4.2 whenever an Employee is absent from work, other than at the direction of his Employer, a deduction proportionate to the period of his absence and calculated on the basis of the basic wage of the Employee in respect of his ordinary hours of work at the time of such absence, subject to any set-off which may be applicable in terms of clause 6.8 above;
35.4.3 a deduction of any amount which an Employer by law or order of any competent court or by collective agreement is required or permitted to make;
35.4.4 whenever the ordinary hours of work are reduced because of short-time as defined, a deduction not exceeding the amount of the Employee's hourly basic wage in respect of each hour of such reduction. Provided that:
(a) such deduction shall not exceed one third of  the  Employee's weekly/monthly wage, as the case may be, irrespective of the number of hours by which the ordinary hours of work are thus reduced;
(b) no deduction shall be made in the case of short-time arising out of slackness of trade or inability to operate normal services unless the Employer has given his Employee notice on the previous workday of his intention to reduce the ordinary hours of work;
(c) no deduction shall be made in the case of short-time owing to a breakdown of plant, machinery, a bus or buses or a breakdown or threatened breakdown of buildings, in respect of the first hour not worked, unless the Employer has given his Employee notice on the previous day that no work will be available;
35.4.5 with written consent of an Employee, a deduction of any amount which an Employer has paid or has undertaken to pay to:
(a) a registered financial institution, local authority or the State in respect of a payment on a loan granted to such Employee to acquire a dwelling;
(b) any organisation or entity in respect of the rent of a dwelling occupied by such Employee;
35.4.6 with the written consent of an Employee, a deduction towards the repayment of any amount loaned or advanced to the Employee by the Employer. Provided that  any such deduction shall not exceed one third of the total remuneration due to the Employee on the pay-day concerned and provided further that no such deduction shall be made in respect of any period during which the Employee's basic wage is reduced in terms of paragraph 35.4.4.
35.4.7 with the written consent of an Employee, a deduction towards the repayment of any amount loaned or advanced to the Employee by a third party whom the Employer has approved for the purposes of advancing loans.