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

Notices

Bargaining Council for the Fishing Industry

Extension to Non-parties of the Main Collective Agreement

Section ll : Core Rights

Part D : Remuneration

11. Deductions

Purchase

11.1.

The employer may not fine or levy an employee or charge the employee a fee.

11.2.

The employer may not make any deduction from an employee's remuneration unless—

11.2.1.

subject to subclauses 11.3 to 11.5 below, the employee in writing agrees to the deduction in respect of a debt specified in their agreement; or

11.2.2.

the deduction is required in terms of a law, collective agreement, court order or arbitration award.

11.3.

A deduction in terms of subclause 11.2.1 above may be made to reimburse the employer for loss or damage only should—

11.3.1.

the loss or damage occurred in the course of employment and was due to the fault of the employee;

11.3.2.

the employer has followed a fair procedure and has given the employee a reasonable opportunity to show why the deduction should not be made; and

11.3.3.

the total amount of the debt does not exceed the actual amount of the loss or damage.

11.4.

Should the employer have a representative trade union claiming organisational rights in terms of The Act, then it may enter into an agreement with the trade union in terms of which union levies may be deducted from employees' remuneration and paid over in terms of such legislation read with the individual trade union's constitution.

11.5.

The employer shall be authorised to make any deduction from an employee's remuneration as contemplated by the Merchant Shipping Act: Provided the employee is advised in writing of the section and terms of the deduction together with the payslip reflecting such deduction.