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Labour Relations Act, 1995 (Act No. 66 of 1995)

Notices

Bargaining Council for the Contract Cleaning Services Industry

Kwa-Zulu Natal

Extension to non-parties of the Main Collective Amending Agreement

5. Payment of Remuneration

 

5.1 Except as may be provided for in any Act (or any other Agreement of the Council which is binding in terms of Section 32 of the Act) any remuneration due by employers to employees in terms of this Agreement, shall be paid as follows in accordance with the rates laid down for the area of work and class of employee concerned:
(a) Employees; on shift, night and/or continuous activity work:
(i) Either by cheque or by transfer into a Building Society or Bank account;
(ii) At a time agreed upon between the employer and the employee so employed, but which shall be during the usual office hours of the establishment concerned, but not later than 24 hours after the usual pay day; or within one week of termination of such employment, if this takes place before the usual Pay day
(b) Casual employees:
(i) In cash, or by cheque or transfer into a Building Society or Bank account.
(ii) At least once per week until termination of such employment.

 

5.2 Presentation of Remuneration
(a) Any remuneration paid to an employee shall be placed by the employer in a sealed envelope or container.
(b) The details listed hereafter shall either be recorded on such envelope or container or shall be contained in a statement accompanying same:
(i) Employer's name and address;
(ii) Employee's name and/or payroll number;
(iii) period in respect of which payment is made;
(iv) number of ordinary hours worked;
(v) number of overtime hours worked in the payment period;
(vi) number of hours worked in the payment period on a Sunday and/or a declared Public Holiday;
(vii) employee's hourly wage;
(viii) details of any other payment due arising from employment during the payment period;
(ix) details of any deductions made in compliance with clause 5.3 hereafter;
(x) net amount paid to employee;
(xi) night shift allowance.
(c) The envelope, container, or statement on which the particulars listed in (b) above are recorded, shall become the property of the employee.

 

5.3 Deductions

Deductions as set out in sub clauses (a) to (e) below may be made with the written consent of such employee, or as otherwise required or permitted under the provisions of this Agreement or any other Agreement of the Council, or in any terms of the Act or any other law;

(a) Deductions for Holiday, Sick, Medical, Insurance or Savings schemes, Provident or Pension Fund contributions, Loans, Accommodation and/or Trade Union subscriptions;
(b) Deductions for unauthorised absence from work by employees (other than Casual Employees), proportionate to the period of absence, and calculated on the basis of the rate ruling at that point in time;
(c) Deductions which the employer is required or permitted to make by law or order of any competent court;
(d) Deductions for legitimate Suction in the specified ordinary hours of work performed by employees (other than casual employees) owing to short time, which shall be calculated for each reduced hour of work at a rate not exceeding the employee's set wage (at such time) for ordinary hours worked: Provided that—
(i) such short time deduction shall not exceed one third of the employee's monthly wage, irrespective of the number of hours by which the ordinary hours of work are reduced;
(ii) that no deductions shall be made in the case of short time arising out of slackness of work, unless the employer has given his employees notice on the previous day, of his intention to so reduce the ordinary hours of work;
(iii) that no deductions .shall be made in respect to the first hour of short time (when of such work stoppage is caused either by bad weather or owing to the place of work being unfit for use or is in danger of becoming so) unless the employer has given his employees notice on the previous day that no work will be available;
(e) Deductions by the employer (with written consent from the employee concerned) for any installment which the employer has paid or has undertaken to pay on a loan granted to such employees for the purpose of acquiring a dwelling by any banking institution, building society, insurance business, registered financial institution, local authority or by the State.