The BCEA states that an employer must provide an employee with written particulars of employment except where employee works for less than 24 hours a month. These may form part of a written contract and employer must ensure that the employee understands the document. If there are any amendments the document should be amended accordingly.
The following information must be contained:
- Full name and address of employer
- Full name of employee
- Employee’s job description
- Place of work, where employee is required or permitted to work at various places
- Date on which the employee started working
- Days and hours of work
A record 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. An employer who keeps a record is not required to keep any other record of time worked and remuneration paid as required by any other employment law.
What the employee will be paid. The details of overtime must be dealt with. Whether or not any other cash will be paid. Any payments in kind and the value thereof. When the employee will be paid. Any deductions such as UIF, medical aid, etc.
The following must be in writing when the employee is paid:
- Employer’s name and address
- Employee’s name and occupation
- Date of payment
- Remuneration in money and rate of remuneration if applicable
- Ordinary hours and overtime worked during the same period of payment
- the number of hours worked by the employee on a Sunday or public holiday during that period;
- Any money/cash that employee is entitled to
- The actual amount paid to the employee; and
- If relevant to the calculation of that employee’s remuneration-
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.
The 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. For remuneration paid in cash or cheque must be given to the 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. This does not apply to any pension or provident fund payment to an employee that is made in terms of the rules of the fund.
An employer may not make any deduction from an employee’s remuneration unless 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 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 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 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.
Payment of contributions to benefit funds
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 the Act.
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.
The Minister may, by notice in the Gazette, after consultation with the Commission and NEDLAC, determine whether a particular category of payment, whether in money or in kind, forms part of an employee’s remuneration for the purpose of any calculation made in terms of this Act. Without limiting the Minister’s powers, the Minister may determine the value, or a formula for determining the value, of any payment that forms part of remuneration; place a maximum or minimum value on any payment that forms part of remuneration; and for the purposes of any calculation, differentiate between different categories of payment and different sectors. Before the Minister issues a notice, 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.
The employer has a duty to maintain records of this information. An employer who has employees less than five employees or where employee works less than 24 hours for the same employer does not have to provide a payslip, however it is advisable to do such.
It must be stated how many days or how much time for the various types of leave:
- Annual leave;
- Sick leave;
- Family responsibility leave;
- Maternity leave;
- Study leave;
The notice period must be stated and if there are different types of notice to be served then it must be provided.
Bargaining or statutory council or sectoral determination made by the Minister that apply to nature of the work that employee does. State the period that employee worked for a previous employer counts as part of the employee’s period of service with the current employer
Employees, except those excluded by the BCEA, should have written particulars of employment. It is the role of the Department of Labour to monitor compliance with this requirement. An employer must keep such records for a period of three years after the termination of an employee’s employment. A labour inspector has the power, without warrant or notice, to enter any workplace (excluding a domestic household) at any reasonable time in order to monitor and enforce compliance with the BCEA. The inspector may question a person on any employment law matter and require disclosure of information, as well as inspect certain documents or records.
Informing employees of their rights
An employer has a duty to inform their employees of what their rights are. They must display the prescribed form of employee’s rights under the BCEA in the official languages used at the workplace where it can be read by employees.