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Basic Guide to Deductions (Learnerships)

by Zopedol — last modified 2007-11-28 15:48

Employers may deduct money from a learner’s pay only if learners agree or if they are required to do so.

Application

The Sectoral Determination 5: Learnerships applies to-
- the employment of a learner –
  - who has concluded a learnership agreement; and
  - who was not employed by the employer party to the learnership agreement when the agreement was concluded; and
- every employer who employs a learner.

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

See

Sectoral Determination 5 : Learnerships

A sectoral determination establishing conditions of employment and rates of allowances for learners in South Africa

Conditions for Deductions

Employers may not deduct money from a Learner’s pay unless –

the learner agrees in writing to the deduction of a debt, or
the deduction is made in terms of a collective agreement, law (e.g. UIF contributions), court order or arbitration award.

An employer may not require or allow a learner to pay for any -

tools;
materials;
equipment;
protective clothing;
uniforms needed for the learnership.
repay any pay, except for overpayments that the employer made; or
acknowledge receipt of a higher amount than the pay actually received.

Deductions for Damage or Loss

An employer may deduct for loss or damage only if –

a learner was at fault and it happened at work;
a fair procedure is followed;
the learner agrees in writing, and
the deduction does not exceed -
- the actual cost; and
- is no more than 25% of the learners pay.

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.

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

Sections

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