CHAPTER FOUR PARTICULARS OF EMPLOYMENT AND REMUNERATION (ss 28-35)

28. Application of this Chapter

This Chapter does not apply to an employee who works less than 24 hours a month for an employer.

Sections 29 (1) (n), (o) and (p), 30, 31 and 33 do not apply to-

an employer who employs fewer than five employees; and

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29. Written particulars of employment

An employer must supply an employee, when the employee commences employment, with the following particulars in writing-

the full name and address of the employer;

the name and occupation of the employee, or a brief description of the work for which the employee is employed;

the place of work, and, where the employee is required or permitted to work at various places, an indication of this;

the date on which the employment began;

the employee's ordinary hours of work and days of work;

the employee's wage or the rate and method of calculating wages;

the rate of pay for overtime work;

any other cash payments that the employee is entitled to;

any payment in kind that the employee is entitled to and the value of the payment in kind;

how frequently remuneration will be paid;

any deductions to be made from the employee's remuneration;

the leave to which the employee is entitled;

the period of notice required to terminate employment, or if employment is for a specified period, the date when employment is to terminate;

a description of any council or sectoral determination which covers the employer's business;

any period of employment with a previous employer that counts towards the employee's period of employment;

a list of any other documents that form part of the contract of employment, indicating a place that is reasonably accessible to the employee where a copy of each may be obtained.

When any matter listed in subsection (1) changes-

the written particulars must be revised to reflect the change; and

the employee must be supplied with a copy of the document reflecting the change.

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.

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.

31. Keeping of records

Every employer must keep a record containing at least the following information:

The employee's name and occupation;

the time worked by each employee;

the remuneration paid to each employee;

the date of birth of any employee under 18 years of age; and

any other prescribed information.

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.

No person may make a false entry in a record maintained in terms of subsection (1).

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.

32. Payment of remuneration

An employer must pay to an employee any remuneration that is paid in money-

in South African currency;

daily, weekly, fortnightly or monthly; and

in cash, by cheque or by direct deposit into an account designated by the employee.

Any remuneration paid in cash or by cheque must be given to each employee-

at the workplace or at a place agreed to by the employee;

during the employee's working hours or within 15 minutes of the commencement or conclusion of those hours; and

in a sealed envelope which becomes the property of the employee.

An employer must pay remuneration not later than seven days after-

the completion of the period for which the remuneration is payable; or

the termination of the contract of employment.

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

An employer must give an employee the following information in writing on each day the employee is paid:

The employer's name and address;

the employee's name and occupation;

the period for which the payment is made;

the employee's remuneration in money;

the amount and purpose of any deduction made from the remuneration;

the actual amount paid to the employee; and

if relevant to the calculation of that employee's remuneration-

the employee's rate of remuneration and overtime rate;

the number of ordinary and overtime hours worked by the employee during the period for which the payment is made;

the number of hours worked by the employee on a Sunday or public holiday during that period; and

if an agreement to average working time has been concluded in terms of section 12, the total number of ordinary and overtime hours worked by the employee in the period of averaging.

The written information required in terms of subsection (1) must be given to each employee-

at the workplace or at a place agreed to by the employee; and

during the employee's ordinary working hours or within 15 minutes of the commencement or conclusion of those hours.

33A. Prohibited conduct by employer

An employer must not-

require or accept any payment by or on behalf of an employee or potential employee in respect of the employment of, or the allocation of work to, any employee; or

require an employee or potential employee to purchase any goods, products or services from the employer or from any business or person nominated by the employer.

Subsection (1)(b) does not preclude a provision in a contract of employment or collective agreement in terms of which an employee is required to participate in a scheme involving the purchase of specific goods, products or services, if the purchase is not prohibited by any other statute and-

the employee receives a financial benefit from participating in the scheme; or

the price of any goods, products or services provided through the scheme is fair and reasonable.

34. Deductions and other acts concerning remuneration

An employer may not make any deduction from an employee's remuneration unless-

subject to subsection (2), the employee in writing agrees to the deduction in respect of a debt specified in the agreement; or

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

A deduction in terms of subsection (1)(a) may be made to reimburse an employer for loss or damage only if -

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

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

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

the total deductions from the employee's remuneration in terms of this subsection do not exceed one-quarter of the employee's remuneration in money.

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.

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.

An employer may not require or permit an employee to-

repay any remuneration except for overpayments previously made by the employer resulting from an error in calculating the employee's remuneration; or

acknowledge receipt of an amount greater than the remuneration actually received.

34A. Payment of contributions to benefit funds

For the purposes of this section, a benefit fund is a pension, provident, retirement, medical aid or similar fund.

An employer that deducts from an employee's remuneration any amount for payment to a benefit fund must pay the amount to the fund within seven days of the deduction being made.

Any contribution that an employer is required to make to a benefit fund on behalf of an employee, that is not deducted from the employee's remuneration, must be paid to the fund within seven days of the end of the period in respect of which the payment is made.

This section does not affect any obligation on an employer in terms of the rules of a benefit fund to make any payment within a shorter period than that required by subsections (2) or (3).

35. Calculation of remuneration and wages

An employee's wage is calculated by reference to the number of hours the employee ordinarily works.

For the purposes of calculating the wage of an employee by time, an employee is deemed ordinarily to work-

45 hours in a week, unless the employee ordinarily works a lesser number of hours in a week;

nine hours in a day, or seven and a half hours in the case of an employee who works for more than five days a week, or the number of hours that an employee works in a day in terms of an agreement concluded in accordance with section 11, unless the employee ordinarily works a lesser number of hours in a day.

An employee's monthly remuneration or wage is four and one-third times the employee's weekly remuneration or wage, respectively.

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-

the preceding 13 weeks; or

if the employee has been in employment for a shorter period, that period.

For the purposes 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-

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

excludes-

gratuities;

allowances paid to an employee for the purposes of enabling an employee to work; and

any discretionary payments not related to the employee's hours of work or work performance.

Before the Minister issues a notice in terms of paragraph (a), the Minister must-

publish a draft of the proposed notice in the Gazette; and

invite interested parties to submit written representations on the draft notice within a reasonable period.