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Basic Guide to Deductions (Children in Performing Arts)

by Zopedol — last modified 2007-11-28 12:42

Only certain deductions may be made from a child’s pay once agreed to by the parent, legal guardian or agent of the child.

Application

Sectoral Determination 10 for Children in the Performance of Advertising, Artistic and Cultural Activities applies to all employers who have been granted a permit to employ child workers under 15 years of age, but not to –

members of the:
- National Defence Force,
- National Intelligence Agency, or
- South African Secret Service;
unpaid volunteers working for charity;
workers aged 15 or older;
children participating in non-profit activities; and
employers who have not been granted permits.

The Basic Conditions of Employment Act applies in respect of any matter not covered by this sectoral determination.

See

Sectoral Determination 10: Children in the Performance of Advertising, Artistic and Cultural Activities

Basic conditions of employment applicable only to children in the performing arts and their employers

Conditions for Deductions

Employers may only make a deduction from a child’s pay if –

it is agreed to by the parent or legal guardian of a child
the deduction is required by law, agreement, court order or arbitration award

Employers may not charge a parent, legal guardian, child minder or agent of a child for –

training;
equipment or tools;
work clothing;
food;
accommodation.

No fines may be levied against a child.

Employers may not require or permit a child, parent, legal guardian or agent to –

repay any amounts except for any overpayments
accept a receipt of a higher amount than what was actually received.

Deductions for Damage or Loss

Deductions for damage or loss caused by the worker may only be made if –

the employer has followed a fair procedure and given the worker a chance to show why the deduction should not be made,
the worker agrees in writing, and
the total deduction is not more than 25% of the worker’s net pay.

Based on Legislation in Section 34, of the Basic Conditions of Employment Act

Deductions for Benefit Funds

Employers must pay deductions and employer contributions to benefit funds (pension, provident, retirement, medical aid, etc.) to the fund within 7 days.