Basic Guide to Deductions (Domestic Workers)

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by Zopedol — last modified 2014-02-18 11:29

Only certain deductions can be made from a domestic worker’s pay.

Application

Sectoral Determination 7 applies to all domestic workers (including independent contractors and those employed by agencies), except domestic workers who -

work on farms; or
are covered by -
- another sectoral determination, or
- a bargaining council agreement.

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

The provisions for deductions do not apply to domestic workers working less than 24 hours a monthfor an employer.

Employers may not-

charge workers for-
- training
- equipment or tools
- work clothing
- food
- fines

Employers may deduct-

the rand value of any unpaid leave
up to 10% of total wages for-
- accommodation
- repayment of loans or advances
amounts paid to third parties (e.g. banks, unions, etc.) on behalf of the worker (with worker’s written consent)

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.

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