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Which payroll deductions are lawful?

Employers may only deduct what the law requires, a court orders, or the employee has agreed to in writing. Everything else is an unlawful deduction, however reasonable it feels.

Lawful categories

  • Statutory: PAYE and the employee UIF contribution
  • Court or bargaining council-ordered: garnishees, emoluments attachment orders, council levies
  • Written consent or contractual: retirement funding, medical scheme, union fees, staff loans

Loss and damage

Deducting for loss or damage is only permitted where the BCEA's requirements are met, including a fair procedure in which the employee can respond, written agreement, and limits on the amount recovered in any period.

Overpayments

An overpayment can generally be recovered, but recovering it in one cycle is a frequent source of disputes. Agree a schedule in writing and show it clearly on the payslip — see statutory deductions.

Frequently asked questions

Can an employer deduct for till shortages or breakages?

Only where the strict BCEA conditions are met: a fair procedure, the employee's written agreement, and adherence to the limits on the amount that may be deducted.

Can an employer deduct SDL from an employee?

No. SDL and the employer UIF contribution are employer costs and may never be recovered from employees.

Must deductions appear on the payslip?

Yes. The BCEA requires payslips to itemise remuneration, each deduction and the net amount paid.

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Related topics

  • Statutory deductions

    The full deduction hierarchy: what employers may deduct, in what order and within what limits.

  • Net pay

    How take-home pay is derived from gross remuneration, deductions and tax.

  • UIF

    Unemployment Insurance Fund contributions, declarations and employer obligations.

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