Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Sectoral DeterminationsSectoral Determination 11 : Taxi SectorPart B : Minimum Wages8. Deductions |
| (1) | An employer may not make any deduction from an employee's pay except— |
| (a) | on the written request of an employee, a deduction of an amount which the employer has paid or undertaken to pay to a third party including but not limited to— |
| (i) | any holiday, sick, medical, insurance, savings, provident fund or pension fund of which the employee is a member; |
| (ii) | any registered trade union in respect of subscriptions; |
| (iii) | any bank, building society, insurance business, registered financing institution, or local authority in respect of a payment on a loan granted to the employee to acquire a dwelling; |
| (iv) | the owner or agent in respect of the rent of a dwelling or accommodation occupied by the employee; |
| (b) | with the agreement of the employee, a deduction, not exceeding one-tenth of the wage due to the employee on the pay-day concerned, towards the repayment of any amount loaned or advanced to the employee by the employer; |
| (c) | a deduction of any amount which the employer is required to make by law or in terms of a court order or arbitration award; or |
| (d) | with the written agreement of the employee, and subject to sub-clause (2), a deduction to reimburse an employer for loss or damage. |
| (2) | A deduction in terms of sub-clause (1)(d) may only be made if— |
| (a) | the loss or damage occurred in the course of employment and was due to the fault of the employee; |
| (b) | the employer has followed a fair procedure and has given the employee a reasonable opportunity to show why the deduction should not be made; |
| (c) | the total amount of the debt does not exceed the actual amount of the loss or damage; and |
| (d) | the total deduction from the employee's pay in terms of this sub-clause does not exceed one-quarter of the employee's total wage. |