What can I do if my employer deducts money from my wages but does not submit to UIF? The Labour Department can’t help me.

The long answer

These are the general rights of employees by law: (I have bolded the parts relevant to you.)

• not to be unfairly dismissed or discriminated against

• to be provided with appropriate resources and equipment

• to have safe working conditions

• to receive the agreed remuneration on the agreed date and time

• to receive fair labour practices

• to be treated with dignity and respect

• to non-victimisation in claiming rights and using procedures

• to leave benefits and other basic conditions of employment as stipulated in the Basic Conditions of Employment Act.

Referring to your specific complaints, this is what the Basic Conditions of Employment Act of 1997 says: (I have bolded the parts relevant to you.)

Payslips

Each payslip must include:

• The employer's name and address.

• Your name and job.

• The period of payment.

• Your pay.

• The amount and purpose of any deduction made from the pay.

• The actual amount paid to you.

The payslip must also include: 

• Ordinary pay rate and overtime pay rate.

• The number of ordinary and overtime hours worked during that period of payment.

• The number of hours worked on a Sunday or public holiday during that period.

• The total number of ordinary and overtime hours worked in the period of averaging if there’s an averaging agreement.

Approved deductions

An employer may not deduct any money from your pay, unless:

• You’ve agreed in writing.

• The deduction is required by law or permitted in terms of a law, collective agreement, court order or arbitration award.

The right to join a union

According to Section 23 of the Bill of Rights in the Constitution:

• Everyone has the right to fair labour practices.

• Every worker has the right to form and join a trade union; to participate in the activities and programmes of a trade union; and to strike.

But constitutional rights only exist if you are prepared to stand up and fight for them. 

So, let’s start with the Labour Department: Its duties include:

• Inspection, 

• Compliance monitoring and enforcement.

• Protection of human rights.  

Below is a quote from the Labour Guide:

"If a labour inspector has reasonable grounds to believe that an employer has failed to comply with any provision of the BCEA, he must endeavour to secure a written undertaking from the employer to comply with that provision. This written undertaking may include agreement between employer and employee for any amount owed to the employee, and the inspector is also empowered to receive payment on behalf of the employee.

"It would seem that to 'secure an undertaking' is a soft approach, in an attempt to secure cooperation rather than issue a compliance order. Employers should take note also that the employee is entitled to claim interest on any amount owing to him. A compliance order amounts to 'cracking the whip.' If an employer does not wish to cooperate, more harsh measures are taken.

"The compliance order must set out all the details required in section 69 of the BCEA. Fines for failure to comply can go as high as R500 per employee."

In other words, the labour department is required to see that the employer follows the rules laid down by law. It is not a choice. If complaints are reported to them, it is required to investigate and see that the law is followed.

• Deducting monies from your wages and failing to pay these monies to UIF is a crime that the Labour inspectors are obliged to follow up on.

• Paying less than the hours worked is a crime that the labour inspector is required to follow up.

• Victimising employees and trying to prevent them from joining a union is also against the law and the labour inspector is required to follow up.

This is the contact address and phone number of the Labour Department in Free State:

• Department of Labour Free State 

• Tel (051) 505 6200  051 411 6435 – ( not clear which number is right, or whether both work)

• Address: Laboria House, 43 Charlotte Maxeke Street, Bloemfontein​

If the Labour inspectors do not assist you and force the employer to comply with the law, you can refer a dispute to the CCMA. Labour Guide says: “If you have decided to lodge a dispute, you need to complete a CCMA case referral form (also known as LRA Form 7.11. These forms are available from the CCMA offices, the Department of Employment and Labour and the CCMA website).”

CCMA Bloemfontein

• Tel: 051 411 1700

• https://www.ccma.org.za/contact-us/#

The CCMA also has a dedicated anonymous fraud reporting line:

• Toll-free number: 0860 666 348

• Whatsapp: 0860 004 004

• Email: CCMA@behonest.co.za

And perhaps most importantly, remember that you need to stand together as employees, and not allow any one of you to be victimised. 

In summary: It is the labour department's legal duty to follow up on complaints against employers, such as the ones that you mentioned, to ensure that your right to fair labour practices is not being infringed on. If the labour department does not help you, you can go to the CCMA.

Wishing you the best,
Athalie