(1)
| (a) |
Remuneration shall be paid weekly, fortnightly or monthly in cash or by direct deposit into an employee's bank account, on the pay day of each establishment and not later than fifteen (15) minutes before the usual stopping time, or on termination of employment if this takes place before the ordinary pay day. The pay day of every establishment shall not be later than a Friday in each week when an employee is paid weekly, or by every second Friday when an employee is paid fortnightly, or by the last working day of the month in the case of a monthly paid employee, except where a Friday is a non-working day, then the pay day shall be the last working day preceding such Friday. |
| (b) |
If wages and overtime are paid electronically as per the provisions of paragraph(a) of this subclause, the wages and overtime must be available on the due pay date and shall be available for withdrawal by the advertised time of closing, as provided for in subclause (1)(a). |
| (c) |
Notwithstanding the provisions of subclause (1)(a), an employer and his employee may agree that the remuneration, if any, due to the employee may agree that the remuneration, if any, due to the employee in respect of that portion, if any, of the week immediately preceding the date upon which the employee's annual leave referred to in clause 45(3)(a) commences, shall be paid to the employee at the same time as the employee's remuneration, if any, due to the employee in respect of the week or portion of the week immediately following the date upon which the employee said annual leave ends. |
| (2) |
Any remuneration due to an employee and paid in cash shall be handed to him in a sealed envelope. The employee is to verify signed acknowledgement of receipt of the amount reflected on the envelope in the presence of the employer or his designate. |
| (3) |
The employer must provide an employee with a statement by no later than fifteen (15) minutes before the usual stopping time on each pay day on which shall be recorded:— |
| (b) |
the employee's name, occupation, rate of pay, his number on the employer's payroll; |
| (c) |
the number of ordinary hours of work worked by the employee; |
| (d) |
the number of overtime hours worked by the employee; |
| (e) |
the number of hours worked by the employee on Sunday, a public holiday or during his free period; |
| (g) |
the details on any other remuneration arising out of the employee's employment; |
| (h) |
the details on any deductions made; |
| (i) |
the actual amount paid to the employee; |
| (j) |
the period in respect of which payment is made; and |
| (k) |
the holiday and bonus fund contributions due by the employer for the pay period. |
The envelope or such statement on which these particulars are recorded shall become the property of the employee.
| (4) |
No premium for the training of an employee shall be urged or accepted by the employer: Provided that this subclause shall not apply in respect of training schemes to which the employer is legally required to contribute. |
| (5) |
No charge, for damage done to material or deduction of any description, other than the following may be made from the remuneration due to an employee: |
| (a) |
except where otherwise provided in this Agreement, an amount proportionate to any period when an employee is not at work other than on the instructions or at the request of the employer; |
| (b) |
with the written consent of the employee, deductions for sick, insurance, pension or other similar funds, membership of which is not compulsory in terms of any of the Council's agreements; |
| (c) |
deductions in terms of the Council's agreement; |
| (d) |
contributions in terms of the Council's agreement; |
| (e) |
a deduction of any amount that an employer is required or permitted to make by law or by order of any competent court; |
| (f) |
any amount that may be set off in accordance with common law against any debt owing to an employer by an employee; |
| (g) |
subject to the provisions of clause 19, a deduction proportionate to the amount of short time worked; |
| (h) |
a deduction proportionate to any time that an establishment may be closed by mutual agreement between the employer and not less than 75% of his employees; |
| (i) |
deductions in respect of loans granted in terms of the rules of the Council's Provident Fund Housing Assistance Scheme. |
| (j) |
deduction in respect of damage determined by disciplinary hearing due to negligence. |
| (6) |
During the first four weeks of service of an employee no contributions shall be made by an employer nor his employee in respect of such employee, where after all contributions in terms of this agreement by both the employer and employee become due and payable. However, if the employee is in employment in excess of four weeks then the Holiday and Bonus Fund contributions from the employee's date of engagement is due and payable. Such amount is to be paid to the Council in the month following. |
South African Council for Educators Act, 2000
