| (1) |
An employer shall not levy any fines against an employee, nor shall an employer make any deductions from the employee's remuneration other than the following— |
| (a) |
With the written consent of the employee, a deduction that relates to the conditions of employment entered into between the employer and the employee, and/or subscriptions to a trade union. |
| (b) |
With the written consent of an employee a deduction of any amount which the employer has paid or undertaken to pay to— |
| (i) |
any banking institution, building society, insurance business, registered financial institution, local authority or the State in respect of a payment on a loan granted to such employee to acquire a dwelling; |
| (ii) |
any other organisation or body in respect of the rent of a dwelling or accommodation in a hostel occupied by such employee if such dwelling or hostel is provided through the instrumentality of such organisation or body wholly or partly from funds advanced for that purpose by the State, a building society or a local authority. |
| (c) |
A deduction of any amount which an employer by law or order of any competent court is required or permitted to make. |
| (2) |
Except where otherwise provided in this determination, whenever an employee is absent from work other than at the instruction of the employer, a deduction proportionate to the period of the employee's absence and calculated on the basis of the wage which such employee was receiving in respect of the ordinary hours of work at the time of such absence. |
| (3) |
Training fees: No payment shall be made to, or accepted by, an employer either directly or indirectly in respect of the employment or training of an employee, except as provided for by the Skills Development Act. |
| (4) |
Short time: Whenever the ordinary hours of work prescribed in clause 8 are reduced on account of short-time, excluding short-time owing to inclement weather— |
| (a) |
a deduction not exceeding the amount of the employee's hourly wage in respect of each hour of such reduction provided that— |
| (i) |
such deduction shall not exceed one third of the employee's weekly wage, irrespective of the number of hours by which the ordinary hours of work were reduced; |
| (ii) |
no deduction shall be made in the case of short-time arising from slackness of trade or shortage of raw materials, unless the employer has given the employee notice on the previous working day of the employer's intention to reduce the ordinary hours of work; |
| (iii) |
no deduction shall be made in the case of short-time owing to a breakdown of plant or machinery or a breakdown or threatened breakdown of buildings or structures, in respect of the first two hours not worked, unless the employer has given the employee notice on the previous working day that no work would be available due to such breakdown. |
| (b) |
whenever the ordinary hours of work prescribed in clause 8 are reduced on account of inclement weather, the following arrangements will apply— |
| (i) |
where no work has begun at all on site, and if an employee has reported for work, the employee will be paid for the hours as set out hereunder, |
| (aa) |
from 1 September 2009 for 6 hours; |
| (bb) |
from 1 September 2010 for 7 hours; |
| (cc) |
from 1 September 2011 for 8 hours; |
| (dd) |
from 1 September 2012 for 9 hours; |
provided the employee has at the request of the employer, remained at the workplace during this period.
[Sectoral Determination, clause 7(4)(b)(i) substituted by section 3 of Notice No. R. 872, GG 32525, dated 25 August 2009]
| (ii) |
should work be stopped after the hours as set out in (i), the employee would be paid for the hours worked; |
| (iii) |
should work be stopped during the hours as set out in (i), the employee will be paid for those hours only; |
| (iv) |
where the employer has given the employees notice on the previous working day, that no work will be available due to inclement weather; then no payment will be made, provided that clause 7(4)(a)(i) is complied with; |
| (v) |
Upon completion of the phasing-in of hours as indicated above, sub-clause 7(4)(b)(i) to (iv) will have no effect. |
Financial Management of Parliament Act, 2009
