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Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)

Sectoral Determinations

Sectoral Determination 7 : Domestic Worker Sector, South Africa

Part B : Wages

8. Deductions

 

(1) An employer may not make any deduction from a domestic worker's pay except—
(a) a deduction, calculated on the basis of the domestic worker's wage, proportionate to the length of any period that the domestic worker is absent from work, other than an absence on paid leave or at the instance of the employer;
(b) deduction of not more than 10% of the wage for a room or other accommodation supplied to the domestic worker by the employer if the accommodation—
(i) is weatherproof and generally kept in good condition;
(ii) has at least one window and door, which can be locked;
(iii) has a toilet and bath or shower, if the domestic worker does not have access to any other bathroom.
(c) with the written consent of the domestic worker, a deduction of any amount which the employer has paid or has undertaken to pay—
(i) to any holiday, sick, medical, insurance, savings, provident or pension fund of which the domestic worker is a member,
(ii) to any registered trade union in respect of subscriptions;
(iii) to any banking institution, building society, insurance business, registered financing institution or local authority in respect of a payment on a loan granted to the domestic worker to acquire a dwelling;
(iv) to any person or organisation in respect of the rent of a dwelling or accommodation occupied by the domestic worker;
(d) a deduction, not exceeding one-tenth of the wage due to the domestic worker on the pay-day concerned, towards the repayment of any amount loaned or advanced to the domestic worker by the employer; or
(e) deduction of any amount which an employer is required to make by law or in terms of a court order or arbitration award.