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

Notices

National Bargaining Council for the Hairdressing, Cosmetology, Beauty and Skincare Industry

Extension to Non-parties of the Consolidated Main Collective Agreement

Terms and Conditions that will apply nationally

19. Payment, Calculation of Basic Salary or Wages and Authorised Deductions

 

19.1 An Employer shall pay to an Employee a Basic salary or wages not less than the applicable prescribed Basic salary or Wages set forth in annexure "H", as amended from time to time.

 

19.2 Unless the contrary is expressly authorised in this Main Collective Agreement, nothing in this clause 19 shall operate to permit a reduction in the Remuneration or Basic Salary or Wages of an Employee who was receiving, at the date of coming into operation of this Agreement, a Remuneration of Basic Salary or Wage whilst such Employee remains in the employ of the same Employer.

 

19.3 The provisions of clause 19.2 above shall apply to any Employee whose services are terminated by his or her Employer after the date of coming into the operation of this Agreement and who is re- employed by the same Employer within a period of 12 (twelve) months after such Employee's services were terminated.

 

19.4 Any remuneration or Basic salary or wages may be paid to an Employee, either weekly or monthly, as may have been agreed between the Employer and Employee. Should an Employee's services be terminated, for whatsoever reason, prior to the agreed date upon which any remuneration or Basic salary or wages are payable, the remuneration or Basic salary or wages shall be paid by the Employer within 7 (seven) days of the date of termination of the Employee's services.

 

19.5 If payment of the Employee's remuneration or Basic salary or wages is not paid by means of direct deposit or electronic funds transfer, to the bank account of the Employee, the remuneration or Basic salary or wages shall paid in cash and be placed in a sealed envelope. The Employee shall acknowledge receipt in writing of the cash so received.

 

19.6 Should the Employee's remuneration or Basic salary or wages be paid in cash, payment shall take place at such place where the Employee is actually engaged or employed.

 

19.7 The Employer shall on the date of payment of the remuneration or Basic salary or wages to the Employee, furnish the Employee with a salary advice or written document reflecting the following:
19.7.1 the Employer's name and address;
19.7.2 the full names and occupation of the Employee;
19.7.3 the period for which the payment is made;
19.7.4 the Employee's remuneration or Basic salary or wages in money;
19.7.5 the amount and purpose of any deduction made from the Employee's remuneration or Basic salary or wages;
19.7.6 the actual amount paid to the Employee; and
19.7.7 if relevant to the calculation of that Employee's remuneration or Basic salary or wages:—
19.7.7.1 the Employee's rate of remuneration or Basic salary or wages and commission and overtime rate;
19.7.7.2 the number of ordinary and overtime hours worked by the Employee during the period for which the payment is made;
19.7.7.3 the number of hours worked by the Employee on a public holiday during that period.

 

19.8 The salary advice or written information mentioned in terms of clause 19.7 above shall be given to each Employee—
19.8.1 at the workplace or at such place agreed to by the Employee; and
19.8.2 during the Employee's ordinary working hours or within 15 (fifteen) minutes of the commencement or conclusion of those hours.

 

19.9 An Employer may not make any deduction from an Employee's remuneration or Basic salary or wages unless the deduction—
19.9.1 is required or permitted in terms of law, court order, arbitration award or in terms of this Agreement; and/or;
19.9.2 is in respect of subscriptions and levies to a union; and/or;
19.9.3 is in respect of contributions and levies to a union; and/or;
19.9.4 is done in accordance with the provisions of clause 19.10 below; and/or;
19.9.5 the Employee agrees to the deduction in writing.

 

19.10 An Employer may deduct such amount from any amount payable to an Employee to reimburse the Employer against any loss or damage suffered or sustained subject to:
19.10.1 the loss or damage occurred in the normal course of the Employee's employment with the Employer and was due to an act or omission of the Employee;
19.10.2 the Employer followed a fair procedure and gave the Employee a reasonable opportunity to advance reasons as to why the deductions should not be made;
19.10.3 the total amount deducted does not exceed the actual amount of the loss or damage; and
19.10.4 the total deductions from the Employee's remuneration or Basic Salary or wages does not exceed one-quarter of the Employee's monthly remuneration or Basic salary or wages.

 

19.11 A deduction in respect of any goods purchased by the Employee shall specify the nature and quantity of the goods.

 

19.12 Any amount deducted from the Employee's Remuneration or Basic Salary of Wages in terms of clause 19.9 above, shall be paid to the beneficiary in whose favour the deduction has been made, in accordance with the time period and other requirements specified in any law, Court order, arbitration award or in terms of this Agreement. All statutory deductions that do not form part of this Main Collective Agreement such as PAYE and UIF shall be calculated on the actual Remuneration received by the Employee. All other deductions to be made in terms of this Main Collective Agreement shall be calculated on the Basic Salary or Wage as prescribed by this Agreement, unless otherwise indicated by an agreement entered into by and between the Employer and Employee or any other legislation.

 

19.13 An Employer may not require or permit an Employee to—
19.13.1 repay any remuneration or Basic salary or wages except for over payments previously made by the Employer resulting from an error in calculating the Employee's remuneration or Basic salary or wages; or
19.13.2 acknowledge receipt of an amount greater than the remuneration or Basic salary or wages actually received.

 

19.14 For the purposes of clause 19.15 below, "benefit fund" shall be a pension, provident, retirement, medical aid, SPF, SBF or a similar fund, as the case may be. The contributions to the benefit fund will be those as set forth in this Agreement.

 

19.15 Payment of contributions to a benefit fund shall be as follows:
19.15.1 any deduction made by an Employer from an Employee's remuneration or Basic salary or wages for purposes of payment to a benefit fund shall pay the amount so deducted to the benefit fund within seven days of the deduction being made.
19.15.2 any contribution that an Employer is required to make to a benefit fund on behalf of any Employee (other than that which is deducted from the Employee's remuneration or Basic salary or wages), shall be paid by the Employer to the benefit fund within seven days from the date upon which the Employee's remuneration or Basic salary of wages becomes due;

 

19.16 The time periods specified in this clause 19 shall not affect or deteriorate from any obligation on an Employer in terms of the rules of a benefit fund to make any payment within a shorter period of time.

 

19.17 Remuneration or Basic salary or wages which is payable monthly shall be paid by no later than 12H00 on the last working day of that month.

 

19.18 Payment of remuneration or Basic salary or wages for learners and students, as specified in the Remuneration/Basic Salary/Wage Schedules, shall be as follows:
19.18.1 a learner or student who has entered into a learnership or student contract with an Employer and has passed the theoretical, Practical and workplace component, of his/her training at an accredited Training Provider, shall start on the remuneration or Basic salary or wages as specified for Entry level on the Remuneration/Basic Salary/Wage Schedules and the remuneration/Basic salary or wage shall increase to the next level only when a statement of results from the service provider indicating the credits earned for that specific level, for example:—
19.18.1.1 a learner or Student who has entered into a learnership or Student contract with an Employer on a Part time basis with an accredited Training Provider prior to entering into a learnership or Student contract shall start on the remuneration or Basic salary or wages as specified for Entry level on the Remuneration/Basic Salary/Wage Schedules. Should the learner or Student pass any subsequent level, his/her remuneration or Basic salary or wages shall increase to the level passed as specified on the Remuneration/Basic Salary/Wage Schedules once a statement of results has been provided to the employer.

 

19.19 For the purposes of clause 19.18.1 for a Learner or Student to have passed a level, means to have passed both the theory and the practical examination for that level.

 

19.20 It shall be incumbent on the Learner or Student employed as envisaged in clause 19.18.1 to furnish the Employer with his/her examination results in order to be eligible to move to the next level specified on the Remuneration/Basic Salary/Wage Schedules for purposes of payment of that learner or Student's remuneration or Basic salary or wages.