Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Fast Food, Restaurant, Catering and Allied TradesExtension to non-parties of the Main Collective Agreement6. Payment of Remuneration |
| (1) | An employer must pay an employee— |
| (a) | in South African current; |
| (b) | daily, weekly, fortnightly or monthly; and |
| (c) | in cash, by E.F.T., by cheque or by direct deposit into an account designated by the employee. |
| (2) | Any payment in cash or by cheque must be given to each employee— |
| (a) | at the workplace; |
| (b) | during the employee's working hours; and in a sealed envelope which becomes the property of the employee. |
| (3) | An employer must pay an employee on the normal pay day agreed to in writing by the employee. |
| (4) | If an employee is required to work less than four hours in any day the employee shall be paid for four hours. |
| (2) | Information concerning pay |
| (1) | On every pay day, the employer must give the employee a statement showing— |
| (a) | the employer's name and address; |
| (b) | the employee's name and occupation; |
| (c) | the period in respect of which payment is made; |
| (d) | the employee's wage rate and overtime rate; |
| (e) | the number of ordinary hours worked by an employee during that period; |
| (f) | the number of overtime hours worked by the employee during that period; |
| (g) | the number of hours worked by the employee on a paid holiday or on a Sunday; |
| (h) | the employee's wage; |
| (i) | details of any other pay arising out of the employee's employment; |
| (j) | details of any deductions made; |
| (k) | the employer's registration number with the Employment Insurance Fund and the employer's contribution to the Fund; and |
| (l) | the actual amount paid to the employee. |
| (2) | An employer must stain a copy or record of each statement for three years. |
| (3) | Deductions and other acts concerning remuneration |
| (1) | An employer may not make any deduction from an employee's remuneration unless— |
| (a) | subject to sub clause 6(3) the employee in writing agrees to the deduction in respect of a debt specified in the agreement; or |
| (b) | the deduction is required or permitted in terms of a law, collective agreement, court order or arbitration award. |
| (2) | A deduction in terms of subclause 6(3)(1)(a) may be made to reimburse an employer for loss or damage only 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 deductions 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 deductions from the employee's remuneration in terms of this subclause do not exceed one-quarter of the employee's remuneration in money. |
| (3) | A deduction in terms of sub clause 6(3)(1)(a) in respect of any goods purchased by the employee must specify the nature and quantity of the goods. |
| (4) | An employer who deducts an amount from an employee's remuneration in terms of subclause 6(3)(1) for payment to another person must pay the amount to the person in accordance with the time period and other requirements specified in the agreement, law, court order or arbitration award. |
| (5) | An employer may not require or permit an employee to— |
| (a) | repay any remuneration except for overpayments previously made by the employer resulting from an error in calculating the employee's remuneration; or |
| (b) | acknowledge receipt of an amount greater than the remuneration actually received. |
| (c) | pay the employer or any other person in respect of— |
| (i) | the employment or training of the employee; |
| (ii) | the supply of any work equipment tools; or |
| (iii) | the supply of any work clothing. |
| (6) | An employer may not require an employee to purchase an goods from the employer or from any person, shop or other business nominated by the employer. |
| (7) | An employer may not levy a fine against an employee. |