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Category: Labour Law

Only certain deductions can be made from a domestic worker’s pay.

 

Application
Sectoral Determination 7 applies to all domestic workers (including independent contractors and those employed by agencies), except domestic workers who - work on farms; or are covered by - another sectoral determination,

or
a bargaining council agreement.

 

The Basic Conditions of Employment Act applies in respect of any matter not covered by this sectoral determination.

 

The provisions for deductions do not apply to domestic workers working less than 24 hours a month for an employer.

 

Special rules governing the employment of domestic workers Conditions for Deductions

Employers may not charge workers for-

a.        training

b.       equipment or tools

c.        work clothing

d.       food

e.       fines

 

Employers may deduct- the rand value of any unpaid leave up to 10% of total wages for-

a. accommodation

b. repayment of loans or advances

c. amounts paid to third parties (e.g. banks, unions, etc.) on behalf of the worker (with worker’s written consent)

 

Deductions for Damage or Loss

Deductions for damage or loss caused by the worker may only be made if –

a. the employer has followed a fair procedure and given the worker a chance to show why the deduction should not be made,

b. the worker agrees in writing, and

c. the total deduction is not more than 25% of the worker’s net pay.

 

Based on Legislation in Section 34, of the Basic Conditions of Employment Act