Section 20(10) provides, inter alia, that annual leave must be taken in accordance with a written employment contract between an employer and employee. The issue is further clarified in Section 35(1) of the BCEA, which states: “an employee’s wage is calculated by reference to the number of hours the employer … Use Caution When Cutting Exempt Employees’ Salary Check your Pay, Salary, Income with the Salary Check tool. You can take the matter up internally by filing a grievance and discussing the matter with senior management, or you can contact an attorney who will pursue a civil case against your employer. This is normally in the form of a collective agreement, a written agreement with the employee, legislation or a court (Section 34 of the Basic Conditions of Employment Act 75 of 1997) (BCEA). Director at Contact Labour, Jaco Lessing, discusses the following measures –. ... How does the Law Society of South Africa fulfil its functions? This provision will only apply if that employee was not present in South Africa for a period exceeding 90 days during the tax year immediately preceding the date of arrival in South Africa. Employers generally cannot lower the salary of an H-1B or E-3 visa holder to less than the amount (or range) stated in the approved DOL labor condition application for that worker. _____ Anonymous Date: Mar 16, 2017. Powered by the WageIndicator Foundation - Share and compare wages, understand Labour Laws and spot career opportunities. You’re not allowed to pay an employee less than what’s required under the applicable Award or Enterprise Agreement, and there are significant consequences for getting it wrong including civil penalties and back payments.If an employee i… You can apply for unemployment and see what they say. But if your company put you on unpaid leave during this time, or if you have been laid off temporarily - or if a company can only afford to pay a part of your salary - you may get a special payout from the UIF, as part of the Covid-19 Temporary Relief scheme, also known as the special Temporary Employee/Employer Relief Scheme (TERS). It’s not an uncommon question. Should an employer be in a position to remunerate an employee for a period (typically a month) but would also like to receive the Covid-19 benefit from UIF, the employer should consider the scale of benefits from 60% of remuneration for employees who earn in excess R3 500.00 to 38% for employees who earn R17 712.00 (i.e. a letter from the employer confirming company shutdown is due to COVID-19. Good afaternoon. Accurate, reliable salary and compensation comparisons for South Africa Some companies have implementation “short-time”, for example a 4-day work week – which means a salary cut of around 20%. The total deduction is not more than 25% of the worker’s net pay. You can take this to the CCMA as an unfair labour practice. When can a deduction be made from my salary? Which platform businesses can be selected for this research? President Cyril Ramaphosa mentioned certain relief schemes, which an employer would be able to access. This benefit is paid at a flat rate of R 3 500 per employee irrespective of income for the duration of the lockdown or three month period (whichever may be shorter). It is, therefore, our view that employers could – during this unprecedented time – engage with employees, where written employment contracts are in place, to vary terms and conditions of employment to have employees take their annual leave during the lockdown period. When can a deduction be made from my salary? The employer may legally reduce an employee’s salary if he or she violates its policies. Unfortunately, salary reduction might be necessary.