Employer right to withhold employee salary

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Digimalcolm
Posts: 1
Joined: 29 Mar 2018, 10:52

Employer right to withhold employee salary

Unread post by Digimalcolm » 29 Mar 2018, 14:17

Afternoon
Some queries:
1.Can an employer withhold all monies owed to an employee on termination of the employment contract where, because of the employee's actions, dishonest or otherwise, the employer suffered financial damages?

2. Can an employer advise an employee who has committed theft against the employer, for example, that criminal charges will be laid if the employee does not pay back the money stolen, but that no charges will laid if the employee does pay back the money stolen?

Regards

Digimalcolm

IRgunther
Posts: 423
Joined: 21 Jul 2014, 14:54

Re: Employer right to withhold employee salary

Unread post by IRgunther » 08 Apr 2018, 15:18

HI

Q1.
Section 34 of the BCEA:
Deductions and other acts concerning remuneration
34. (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
(b) the deduction is required or permitted in terms of a law, collective agreement, court order or arbitration award.
(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;
(b) the employer has followed a fair procedure and has given the employee a reasonable opportunity to show why the deductions should not be made;
(c) the total amount of the debt does not exceed the actual amount of the loss or damage; and
(d) 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.
(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
(b) acknowledge receipt of an amount greater than the remuneration actually received.

Q2.
Yes but fine line.

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