Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)

Sectoral Determinations

Sectoral Determination 4 : Clothing and Knitting Sector, South Africa

18. Commission work
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(1)An employee who by agreement with an employer undertakes commission work on a regular basis shall be supplied by the employer, before such work is commenced, with a true copy of the agreement or a statement setting out the terms of the agreement, which shall include—
(a)the wage payable to the employee, which shall not be less than the wage mentioned in clause 3(1) for an employee of his or her category and experience, the rate of the commission and the conditions of entitlement thereto;
(b)the day of the week or month on which commission earned is due and payable;
(c)the type, description, number, quantity or value of sales or orders (individual, weekly, monthly or otherwise) which the employer is from time to time prepared to accept.
(d)the day of payment of commission earned by the employee before termination of the contract of employment: Provided that such day of payment shall be no later than the last work-day of the month succeeding the month during which employment was terminated; and
(e)where applicable, the area in which the employee is required or permitted to work.

 

(2)Except as provided for in clause 6(4), an employer shall pay an employee at not less than the wage and rate of commission agreed upon between them.

 

(3)The employee’s wage and commission shall be paid on the day stipulated in the agreement referred to in subclause (1), and the provisions of clause 4(1) shall not apply in respect of such payment;

 

(4)An employer shall not require or permit an employee to undertake any work for him or her on the basis of commission only and any amount payable to an employee as commission under an agreement entered into in terms of subclause (1) shall be aside from and in addition to the wage stipulated therein.

 

(5)An employer or an employee who intends to cancel or to negotiate for an alteration of an agreement in regard to commission work shall give written notice of such intention, and the period of such notice shall not be less than nor run concurrently with that required to terminate the contract of employment of such employee in terms of clause 20.