Basic Conditions of the Employment Act
4. PARTICULARS OF EMPLOYMENT AND REMUNERATION : CHAPTER FOUR
This chapter does not apply to an employee who works less than 24 hours a month for an employer.
4.2 Written particulars of employment : Basic Conditions of Employment Act 1997: Section 29
4.2.1 An employer must supply an employee when the employee commences employment, with the following particulars in writing:
(a) full name and address of the employer;
(b) name and occupation of the employee, or a brief description of the work ;
(c) various places of work;
(d) date of employment;
(e) ordinary hours of work and days of work;
(f) wage or the rate and method of calculating;
(g) rate for overtime work;
(h) any other cash payments;
(i) any payment in kind and the value thereof;
(j) frequency of remuneration;
(k) Any deductions;
(l) leave entitlement;
(m) period of notice or period of contract;
(n) description of any council or sectoral determination which covers the employer’s business;
(o) period of employment with a previous employer that counts towards the period of employment;
(p) list of any other documents that form part of the contract, indicating a place where a copy of each may be obtained.
4.2.2 Particulars must be revised if the terms of employment change.
4.3 Informing employees of their rights : Section 30
A statement of employees’ rights must be displayed at the workplace in official languages used at the workplace.
4.4 Keeping of records : Section 31
Every employer must keep a record containing the following information:
(a) employee’s name and occupation;
(b) time worked;
(c) remuneration paid;
(d) date of birth if under 18 years of age; and
(e) any other prescribed information.
4.5 Information about remuneration : Section 33
The following information must be given in writing when the employee is paid:
(a) employer’s name and address;
(b) employee’s name and occupation;
(c) period of payment;
(d) remuneration in money;
(e) any deduction made from the remuneration;
(f) the actual amount paid; and
(g) if relevant to the calculation of that employee’s remuneration-
(i) employee’s rate of remuneration and overtime rate;
(ii) number of ordinary and overtime hours worked during the period of payment;
(i) number of hours worked on a Sunday or public holiday during that period; and
(ii) if an agreement to average working time has been concluded, the total number of ordinary and overtime hours worked in the period of averaging.
4.6 Deductions and other acts concerning remuneration : Sections 34 and 34A
4.6.1 An employer may not deduct money from an employee’s remuneration unless –
(a) The employee agrees in writing to the deduction of a specific debt;
(b) The deduction is made in terms of a collective agreement, law, court order or arbitration award
4.6.2 A deduction in respect of damage or loss caused by the employee may only be made with agreement and after the employer has followed a fair procedure
4.6.3 Employers must pay deductions and employer contributions to benefit funds to the fund within seven days.
4.7 Calculation of remuneration and wages : Section 35
4.7.1 Wages are calculated by the number of hours ordinarily worked.
4.7.2 Monthly remuneration or wage is four and one-third times the weekly wage.
4.7.3 If calculated on a basis other than time, or if the employee’s remuneration or wage fluctuates significantly from period to period, any payment must be calculated by reference to remuneration or wage during¾
(a) the preceding 13 weeks; or
(c) if employed for a shorter period, that period.
4.7.4 Employers and employees should consult a schedule published in the Government Gazette to determine whether a particular category of payment forms part of an employee’s remuneration for the purpose of calculations made in terms of this Act.