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

Notices

Bargaining Council for the Building Industry, Cape of Good Hope

Extension to Non-parties of the Main Consolidated Collective Agreement

Chapter Two: General Duties of Employers and Sub-Contracting Parties

9. Wage Payment Procedure

 

(1) Payment of wages:

 

(a) An employee shall receive payment of his wages at a time and place determined by his employer: Provided that payment shall be made—
(i) at weekly, fortnightly or monthly intervals;
(ii) in cash, or by means of electronic bank transfer, as agreed, between the employer and the employee; and
(iii) not later than close of business on the final working day of each pay interval.
(b) With the exception of payment by means of electronic bank transfer, an employee's remuneration shall be paid to him on the site where he is employed, or at the office or workshop of the employer.
(c) An employee whose services are terminated shall receive payment of the appropriate wage on or before the date of termination of his services.
(d) Every employer shall provide each of his employees the following information in writing (payment advice or payslip) on each day that the employee is paid:
(i) The employer's name and physical address;
(ii) the employee's name, occupation and registered category of employment in terms of this Agreement;
(iii) the period for which the payment is made;
(iv) the employee's remuneration in money;
(v) the amount and purpose of any deduction made from the remuneration including contributions to the Council stipulating each contribution separately;
(vi) the actual amount paid to the employee;
(vii) the employee's rate of remuneration and overtime rate;
(viii) the number of ordinary and overtime hours worked by the employee during the period for which the payment is made;
(ix) the number of hours worked by the employee on a Sunday or public holiday during that period; and
(x) a calculation of the employee's gross remuneration, deductions, overtime payments, allowances and net remuneration.
(e) All payment advices, payslips and payments made in cash shall be enclosed in a sealed envelope.
(f) An employer shall, at the time of payment of an employee's remuneration, make the requisite benefits payment to the Council via the benefit code system by the 7th of the month following the month for which the payment was due.

 

(2) Deductions from wages:
(a) An employer shall be entitled to make deductions from an employee's wages in respect of deductions prescribed in the following clauses:
(i) 31(13) and (14) in terms of the Pension Fund or Provident Fund;
(ii) 43(1) in terms of the Council levy;
(iii) 46 in terms of trade union subscriptions; and
(iv) 33(3) in terms of the Medical Aid Fund;
(b) if the employer is entitled or required to do so by law;
(c) if there was an error made in the payment to the employee by the employer or by the Council; and
(d) in respect of any other matter, with the employee's written consent.