Extracts from the BASIC CONDITIONS OF EMPLOYMENT ACT, 75 of 1997: |
CONTENTS Chapter Four: Particulars of Employment and Remuneration
28. Application of this Chapter EXTRACTS CHAPTER FOUR PARTICULARS OF EMPLOYMENT AND REMUNERATION 28. Application of this Chapter (1) The provisions of this Chapter do not apply to an employee who works less than 24 hours a month for an employer. (2) The provisions of sections 29(1)(n), (o) and (p), 30, 31 and 33 do not apply to - (a) an employer who employs fewer than
five employees; and 29. Written particulars of employment (1) An employer must supply an employee, when the employee commences employment, with the following particulars in writing- (a) the full name and address of the
employer; (2) When any matter listed in subsection (1) changes- (a) the written particulars must be
revised to reflect the change; and (3) If an employee is not able to understand the written particulars, the employer must ensure that they are explained to the employee in a language and in a manner that the employee understands. (4) Written particulars in terms of this section must be kept by the employer for a period of three years after the termination of employment. 30. Informing employees of their rights An employer must display at the workplace where it can be read by employees a statement in the prescribed form of the employee's rights under this Act in the official languages which are spoken in the workplace. (1) Every employer must keep a record containing at least the following information- (a) the employee's name and occupation; (2) A record in terms of subsection (1) must be kept by the employer for a period of three years from the date of the last entry in the record. (3) No person may make a false entry in a record maintained in terms of subsection (1). (4) An employer who keeps a record in terms of this section is not required to keep any other record of time worked and remuneration paid as required by any other employment law. (1) An employer must pay to an employee any remuneration that is paid in money- (a) in South African currency; (2) Any remuneration paid in cash or by cheque must be given to each employee- (a) at the workplace or at a place agreed
to by the employee; (3) An employer must pay remuneration no later than seven days after- (a) the completion of the period for
which the remuneration is payable; or (4) Subsection (3)(b) does not apply to any pension or provident fund payment to an employee that is made in terms of the rules of the fund. 33. Information about remuneration (1) An employer must give an employee the following information in writing on each day the employee is paid - (a) the employer's name and address;
(2) The written information required in terms of subsection (1) must be given to each employee- (a) at the workplace or at a place agreed
to by the employee; and 34. Deductions and other acts concerning remuneration (1) An employer may not make any deduction from an employee's remuneration unless- (a) subject to subsection (2), the
employee in writing agrees to the deduction in respect of a debt
specified in the agreement; or (2) A deduction in terms of subsection (1)(a) may be made to reimburse an employer for loss or damage only if- (a) the loss or damage occurred in the
course of employment and was due to the fault of the employee; (3) A deduction in terms of subsection 1(a) in respect of any goods purchased by the employee must specify the nature and quantity of the goods. (4) An employer who deducts an amount from an employee's remuneration in terms of subsection (1) for payment to another person must pay the amount to the person in accordance with the time period and other requirements specified in the agreement, law, court order or arbitration award. (5) An employer may not require or permit an employee to- (a) repay any remuneration except for
overpayments previously made by the employer resulting from an error in
calculating the employee's remuneration; or 35. Calculation of remuneration and wages (1) An employee's wage is calculated by reference to the number of hours an employee ordinarily works. (2) For the purposes of calculating the wage of an employee by time, an employee is deemed ordinarily to work-
(3) An employee's monthly remuneration or wage is four and one-third times the employee's weekly remuneration or wage, respectively. (4) If an employee's remuneration or wage is calculated, either wholly or in part, on a basis other than time or if an employee's remuneration or wage fluctuates significantly from period to period, any payment to that employee in terms of this Act must be calculated by reference to the employee's remuneration or wage during- (a) the preceding 13 weeks; or (5) For the purpose of calculating an employee's annual leave pay in terms of section 21, notice pay in terms of section 38 or severance pay in terms of section 41, an employee's remuneration- (a) includes the cash value of any
payment in kind that forms part of the employee's remuneration unless
the employee receives that payment in kind; but
>> Labour Law |
|
|National Assistance: 0860 LABOUR/ 0860 522687
|
||||
To join... | ||||
(the Membership Fee is only R85pm): | ||||
|
||||