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Post Info TOPIC: 90% of salary deducted by employer
Anonymous

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90% of salary deducted by employer
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My basic salary is R3300pm. Last month 2weeks before pay day,a relative of mine passed away suddenly and wasnt in a funeral policy.I asked my boss to help me with a R2000 loan,and I also asked him if its possible that he can deduct it in 4parts wich he did not respond to.He borrowed me the money,on payday I noticed that he didnt deduct anything,Our salary was paid into my account today and they deposited only a R500 into my account.WhenIquestioned my boss he said he took the entire amount at once.Can he do that?He took my entire salary without informing me.When he gave me the loan we didnt sign any agreement or anything. Please help/advice me pleasE

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Labour Protect

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Good day 

This is a tricky situation due to the fact that you had not signed any form of a contract. 

The firstly are you sure you did not sign any document or acknowledgment of debt. If you did not sign any document as mentioned are there any witnesses that can prove your statement. These questions are important ones to consider when trying to retrieve the money from the employer that has been taken. 

The deduction of R2800.00 (R3300.00 -R2000 = R1300) As can be shown the employer had taken more than the agreed upon R2000.00 to leave you with a salary of R500.00. This deduction is against the Basic Conditions of Employment Act section 34. The deduction must be in writing and agreed upon between the employer and the employee. I would recommend you draft a formal grievance letter to the HR department or the employer. If this matter is not resolved within a reasonable time 5 working days then you  should report the employer to the department of labour. 

Seek advise form a labour attorney to assist you. 

Regards 

LP



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