The BCEA, section 34 allows only certain deductions from salary for debt and damages caused to the employer. The employee must have agreed to the deduction. The employer may not deduct more than 25% of the employee’s remuneration at a time.
All employees, whether part time or fixed term are entitled to the benefits of the BCEA, including overtime.
If the domestic worker or gardener works longer than 24 hours per month then they are covered by all the sections of the BCEA.
An employer may not require an employee to work overtime except in accordance with an agreement and more than 10 hours overtime a week. An employee may not be required to work more than 12 hours per day.
The employer must follow the time period prescribed by its disciplinary code and procedure. If it does not have a code then it has widely been accepted that 48 hours’ notice will suffice – this is however not written into any law.
There is not specific time frame, however the law requires that one must ensure that the process is concluded within a reasonable time. The chairperson should generally not take weeks to make a finding, but this of course will also depend on your position as an employee within the company/organisation and also the volume of evidence used by the employer to prove guilt.
Not at all. Resignation is deemed to be an unilateral (one-sided) act and the employer cannot refuse the employee’s decision to resign.
