| (1) | Subject to subclause (2) below and except where otherwise provided in this Agreement, employees may not agree to any deductions from their wages in respect of loss or damage suffered by their employer, unless— |
| (a) | the loss or damage occurred in the course of employment and was due to the fault of the employee; |
| (b) | the deduction amounts to less than R1 000,00; and |
| (c) | the agreement to the deductions is reduced to writing and the employee signs the document in the presence of a fellow employee of the employee's choice. |
| (2) | If an employee does not agree to a deduction, or in the case of any deduction exceeding R1 000,00, the employer may only make the deduction if the employer has found the employee liable for such loss or damage after a fair inquiry at which a fair procedure was followed and the employee has been given a reasonable opportunity to show why the deduction should not be made. |
| (3) | The total amount of any deductions for loss or damage— |
| (a) | may not exceed the actual amount of the loss or damage and no deduction may be made if it would result in any employer being reimbursed twice for the same loss or damage; |
| (b) | may not exceed one quarter (25%) of the employee's monetary remuneration. |
| (4) | In any period of 52 weeks, deductions for loss or damage may not exceed 20% of the annual wage of an employee. |
| (5) | The employer shall not be entitled to make any deductions for loss or damage regardless of the amount if the cost for such loss or damage is or may be recovered from an insurance company, in-house insurance or third party insurance: provided that the employer is still entitled to make deductions pertaining to such portion of the cost not recoverable from such insurance claim is made. |
| (6) | In the event that the loss or damage including any related excess amount is not fully recoverable from the insurance company or third party the employer is entitled to deduct the difference in accordance with the provision of clause 37. In such instance the employer must disclose to the employee and the employee's representative the amount recovered or recoverable from the insurance company or third party prior to conclusion of the relevant agreement or inquiry. |
[Clause 37 substituted by clause 3 of Notice No. R.1102, GG 36017, dated 28 December 2012]
