Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Sectoral DeterminationsSectoral Determination 12 : Forestry Sector, South AfricaPart B : Minimum Wages10. Deductions and other acts concerning remuneration |
| (1) | An employer may not make any deduction from a forestry worker’s remuneration except— |
| (a) | a deduction not exceeding 10 percent of the forestry worker’s wage for accommodation in which the forestry worker ordinarily resides; |
| (b) | a deduction not exceeding 10 percent of the forestry worker’s wages made in accordance with clause 10(1)(a) for food supplied to the forestry worker "on a payment in kind" basis except where a written agreement has been signed as contemplated in clause 10(1)(d); |
| (c) | at the written request of a forestry worker, a deduction of an amount which the employer has paid or undertaken to pay to a third party contemplated by sub-clause (7); |
| (d) | where a written agreement has been signed by the employer and forestry worker in respect of the repayment of monies owed to the employer by the forestry worker in respect of: |
| (i) | loans; |
| (ii) | the provision of food over and above the 10% allowable deduction requested by the forestry worker; or |
| (iii) | credit extended to the forestry worker in respect of purchases freely made by the forestry worker; |
| (e) | the deduction is required or permitted in terms of a law, collective agreement, Court order or arbitration award; |
| (f) | a deduction of any amount which the employer is required to make by law or in terms of a Court order or arbitration award. |
| (2) | An employer may only make a deduction in respect of accommodation or food in terms of clause 10(1)(a) or (b) respectively if - |
| (a) | the food or accommodation is provided free of charge by the employer to the forestry worker at the employer’s cost; |
| (b) | the food or accommodation is provided on a consistent and regular basis as a condition of employment; |
| (c) | no additional deduction is made from the forestry worker’s remuneration for food or accommodation except in the case of a written agreement in respect of food as is contemplated in clause 10(1)(d); |
| (d) | in the case of accommodation, no deduction is made by the employer for electricity, water or other services; and |
| (e) | the deduction does not exceed the cost to the employer of supplying food or accommodation, as the case may be. |
| (3) | A deduction in terms of clause 10(1)(a) may only be made for a house that meets the following requirements: |
| (a) | the house has a roof that is durable and waterproof; |
| (b) | the house has glass windows that can be opened; |
| (c) | safe water is available inside the house, or in close proximity which is not more than 100m from the house; |
| (d) | electricity, if the infrastructure exists on the farm or plantation; |
| (e) | a flush toilet or pit latrine is available in, or in close proximity to the house; and |
| (f) | the house is not less than 30 square metres in size. |
| (4) | An employer may not make any deduction for accommodation in terms of sub-clause (1)(a) in respect of a forestry worker who is under 18 years of age. |
| (5) | An employer may only make a deduction in terms of sub clause (1)(a) in respect of one forestry worker residing in any house. |
| (6) |
| (a) | Subject to clause 10(1)(a) where more than two forestry workers reside in communal accommodation, the maximum deduction that the employer may make in total in respect of all the forestry workers who reside in that accommodation is 25% of the applicable minimum wage payable to an individual forestry worker. |
| (b) | An equal amount must be deducted in respect of each of the forestry workers residing in accommodation contemplated by paragraph (a). |
| (7) | A deduction may only be made in respect of clause 10(1)(c) in respect of a payment made or to be made to - |
| (a) | any holiday, sick, medical, insurance, savings, provident fund or pension fund of which the forestry worker is a member, |
| (b) | any registered trade union in respect of subscriptions; |
| (c) | any bank, building society, insurance business, registered financial institution, local authority in respect of a payment on a loan granted to the forestry worker to acquire a dwelling; |
| (d) | the owner or agent in respect of the rent of a dwelling or accommodation occupied by the forestry worker. |