Chapter 4 : Particulars of employment and remuneration

34. Deductions and other acts concerning remuneration

(1)           An employer may not make any deduction from an employee’s remuneration unless—

(a)          subject to subsection (2), 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 subsection (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)          (d) the total deductions from the employee’s remuneration in terms of this subsection do not exceed one-quarter of the employee’s remuneration in money.

(3)           A deduction in terms of subsection (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 subsection (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.

34A.     Payment of contributions to benefit funds

(1)           For the purposes of this section, a benefit fund is a pension, provident, retirement, medical aid or similar fund.

(2)           An employer that deducts from an employee’s remuneration any amount for payment to a benefit fund must pay the amount to the fund within seven days of the deduction being made.

(3)           Any contribution that an employer is required to make to a benefit fund on behalf of an employee, that is not deducted from the employee’s remuneration, must be paid to the fund within seven days of the end of the period in respect of which the payment is made.

(4)           This section does not affect any obligation on an employer in terms of the rules of a benefit fund to make any payment within a shorter period than that required by subsections (2) or (3).