Salary Cut Because Of Load Shedding

Salary Cut Because Of Load Shedding

Can your Employer cut Salary because of load shedding in South Africa?

By Stage 8 load shedding looming, businesses will be trying to cut costs but could your pay be cut due to load shedding

In South Africa Can Your Salary Be Deducted Due To Load Shedding?

Lot of workers have this question in their mind , more especially with the possibility that Stage 8 could be a new reality for South Africans.  During stage 8 load shedding, consumers would be without power for 48 hours over four days or 96 hours in eight days.

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ACCORDING TO LAW DEDUCTIONS FROM AN EMPLOYEE’S SALARY ARE PROHIBITED UNLESS THESE HAPPENS

According to terms of section 34 of the Basic Conditions of Employment Act 75 of 1997 (“BCEA”), deductions from an employee’s salary, for whatever reason, are prohibited unless the employee has agreed in writing to the deduction in respect of a specified debt, or unless deductions are required or permitted in terms of a law, collective agreement, court order or arbitration award, said Wright Rose-Innes.

DEDUCTIONS MAY BE EFFECTED

Deductions may be effected to reimburse employers for loss or damage caused by employees in the course of their employment, but only:

  • With the employee’s consent;
  • If the loss or damage was due to the employee’s fault;
  • If the employer has given the employee a reasonable opportunity to show why the deductions should not be made;
  • If the total amount of the debt does not exceed the actual amount of the loss or damage or one-quarter of the employee’s salary in money.

So if an employer were to contemplate docking an employee’s salary without the employee’s consent, regardless of the amount, it would be in violation of the law (section 34 of the BCEA), and the employee could declare a dispute.