Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Restaurant, Catering and Allied TradesExtension to Non-parties of the Main Collective Agreement6. Payment of Remuneration |
| (1) | Employees, other than casual employees and special function casual employees: Save as provided in clause 16 and 17, any amount due to an employee, other than casual employees, special function casual employees and commission workers shall be paid weekly or monthly in cash, by EFT or by direct deposit into an account designated by the employee during the ordinary hours of work of the establishment, and— |
| (a) | in the case of weekly paid employees pay day shall not be later than Saturday for employees who work on six days per week and Fridays for all the other employees, and shall include all overtime due to the employee up to the Wednesday preceding such payday |
| (b) | in the case of monthly paid employees payday shall not be later than the last working day of the month: Provided that payment for any overtime worked after the 27th day of the month may be made not later than the payday following the month to which it relates. |
| (2) | Casual and Special function casual employees: Save as provided in clauses 16 and 17, an amount due to a casual employee, or to a special function employee shall be paid in cash, by EFT or by direct deposit into an account designated by the employee and; |
| (a) | in the case of a casual employee, shall be paid at least once per week or on termination of his/her employment; |
| (b) | in the case of special function casual employee, shall be paid not later than Wednesday of each week and shall include all amounts due to the employee up to 06:00 on the Tuesday of that week; |
| (3) | Notwithstanding anything to the contrary contained in this clause, all amounts due to an employee shall become payable upon termination of employment if this take place before the usual pay day, and in the case of summary dismissal owing 10 misdemeanor, all amounts due to an employee shall become payable within 72 hours of such dismissal. |
| (4) | Pay envelopes: the amount due to an employee shall be contained in a sealed envelope on which shall be recorded or which shall be accompanied by a statement showing— |
| (a) | the employer's name, the employee's name or his number on the pay-roll, and his occupation; |
| (b) | payment for ordinary time worked; |
| (c) | payment for overtime worked; |
| (d) | the details of any other remuneration arising out the employee's employment; |
| (e) | the details of any deductions made; |
| (f) | the actual amount paid to the employee; |
| (g) | the period in respect of which payment is made; |
| (h) | the number of ordinary and overtime hours worked by the employee: Provided that such envelope or statement, shall reflect the particulars set out in Annexure A: Provided further that information in respect of time worked need not be furnished in the case of employees who are excluded from the hours of work provisions by virtue of clause 9(8)(a), and such envelope on which these particulars are recorded, or such statement, shall become the property of the employee. |
| (5) | Premiums: No payment shall be made to or accepted by an employer, either directly or indirectly, in respect to the employment or training by the employer of an employee: Provided that this sub-clause shall not apply in respect of a training scheme to which the employer is legally required to contribute. |
| (6) | Purchase of goods: An employer shall not require his employee to purchase any goods from him or from any shop, place or person nominated by him. |
| (7) | Commission: No employee other than a commission worker shall be permitted to work on a commission basis only: Provided that an employer may pay commission over and above the minimum scale of wages prescribed. |
| (8) | Board and Lodging: An employer shall not require his employee to board or lodge, or board and lodge with him or with any person or at any place nominated by him. |
| (9) | Deductions: An employer shall not levy any fines against his employee, or shall he make any deductions from his employee's remuneration other than in the following cases: |
| (a) | With the written consent of his employee, a deduction for a welfare organisation registered in terms of the Welfare Organisations Act, 1947, or a registered medical aid, pension or provident fund or funeral benefit. |
| (b) | Except where otherwise provided in this Agreement, whenever an employee is absent from work other than on the instructions or request of his employer, a deduction proportionate to the period of his absence and calculated on the basis of the wage which such employee was receiving in respect of his ordinary hours of work at the time of such absence. |
| (c) | If an employee is absent on the working day before or the working day following a public holiday for which he would be entitled to be paid without working, he shall forfeit pay for such paid holiday unless he can produce a medical certificate from a registered medical practitioner or any other medical certificate acceptable to the Council or unless he can satisfy the Council that his absence was due to circumstances beyond his control. |
| (d) | A deduction of any amount which an employer is legally or by order of any competent Court required or permitted to make, and with the written consent of the employee, any amount advanced from remuneration or lent to such employee. |
| (e) | Where an employee caused malicious damage to his employer's property or failed to return at the time of termination of employment any uniform supplied to him in terms of clause 8 hereof, a deduction in accordance with a decision taken by the Councilor by a subcommittee appointed by the Council. |
| (f) | A deduction of the amount of any deficiency in cash handled solely by the employee who, in the case of a clerk/cashier, shall be responsible for balancing receipts and disbursements at the end of each shift: Provided that the employee accepts responsibility for such deficiency in writing and specifies therein the amount and conditions of repayment. Provided further that where the employee does not accept responsibility for such deficiency, the Council may at the request of the employer or employee conduct an inquiry into the matter and make such recommendation as it deems fit. |
| (g) | With the written consent of an employee, a deduction of any amount which an employer has paid in respect of the rent of any house or accommodation. |
| (h) | A deduction for Bargaining Council expenses as provided in clause 21. |
| (i) | A deduction in respect of meals as prescribed in terms of clause 17. |
| (j) | A deduction for trade union subscriptions in terms of clause 22(2). |
| (k) | A deduction authorised by the Bargaining Council in terms of clause 13(5). |
| (I) | A deduction of 5% in respect of all credit card payments for tips, gifts and gratuity for administration and bank charges. |
| (10) | Notwithstanding the provisions of sub-clause (9)(d) and (e) of this clause, the amount of such deductions shall, except where employment is terminated, not exceed a third of the total remuneration due to the employee. |
| (11) | Penalty for underpayment of minimum prescribed wages or unpaid arrear remuneration: |
| (a) | Whenever any amount payable to the Council or an employee in terms of this Agreement is not paid in full and/or on the due date, a penalty of 10% shall be payable on such amount or any such lesser amount as may remain unpaid. |
| (b) | The Council, in its sole discretion, may waive the right to impose the penalty referred to above. |