If you've ever been told your salary will be docked because of a till shortage, a broken piece of equipment, or a mistake with a customer order, you'd be right to ask if your employer can legally do this. The short answer is no – at least, not without following the correct procedures and adhering to strict rules. South African labour law protects you from an employer making arbitrary salary deductions, ensuring that you don't get any nasty surprises on payday.

When are salary deductions allowed?

Employers can deduct money from your salary only under certain circumstances:

• For legal obligations
  Employers are required by law to make deductions like pay-as-you-earn income tax, Unemployment Insurance Fund contributions, or court-ordered garnishments – a record of these must appear on your payslip.
  
  
• After proper disciplinary processes
  If your employer believes you caused a loss or damage, they must follow proper disciplinary procedures to prove negligence.
  
  
• With your permission
  If there's been damage, a till shortage, or a loss (for example, comped meals or incorrect pricing) and the disciplinary procedure finds you liable, your employer must still get your written consent to make any deductions.
  
  
• To recover overpayments
  Employers can reclaim money if they accidentally overpay you – but again, only with your consent or through a legal process.

When it comes to deductions for damage or loss, section 34 of the Basic Conditions of Employment Act states that employers can deduct money from an employee's pay for damage or loss only if:

• the employer has followed a fair procedure and given the employee a chance to show why the deduction should not be made,
• the employee agrees in writing, and
• the total deduction is not more than the actual loss or damage, or 25% of the employee's net pay.

If you won't voluntarily give your employer permission to deduct money for loss, damage or overpayment, even after fair disciplinary procedures, your employer can apply for a garnishment order in court.

What is a garnishment order?

A garnishment order, or an emolument attachment order, is not the same as an employer deduction. It's a court instruction that requires your employer to withhold a portion of your wages to repay a debt you owe your employer or any third party.

What you need to know:

• It must be approved by a court
  A garnishment order must be issued by a court after proper legal proceedings, which include notice to you of the application for the order, and an opportunity for you to oppose the granting of the order.
  
  
• Deductions are limited to a portion of your salary
  The deduction cannot leave you unable to meet basic living expenses. Usually, no more than 25% of your salary can be garnished.
  
  
• You'll be notified
  The court will inform you and your employer before the deductions start.

What to do if deductions are unfair

If you believe your employer is making illegal deductions, follow these steps:

• Speak to your employer
  Approach your employer or human resources manager to explain the deduction and see if it can be resolved informally. Document these meetings and keep as much of the communication in writing as possible, in case you need to take the matter further.
  
  
• File a complaint
  If you can't resolve the issue internally, file a case with the Commission for Conciliation, Mediation and Arbitration. Tell them the full story and provide as much evidence as possible to support your case.
  
  
• Take further legal action
  For more serious issues, you can approach the Labour Court to enforce your rights. The Department of Employment and Labour will also investigate an illegal deduction and can help you recover your money.

Your salary is protected by the law

Your salary is your livelihood, and the law is clear that employers must follow the right processes before making salary deductions. You have the right to be treated fairly and know why any money is being deducted from your salary.

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