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Where there are disproportionate income differentials, a designated employer must take measures to reduce it progressively.
Such measures may include collective bargaining, compliance with sectoral determinations (section 51 of the Basic Conditions of Employment Act); the application of norms and benchmarks recommended by the ECC, relevant measures contained in skills development legislation, and any other appropriate steps.
The Basic Conditions of Employment Act prohibits an employer from deducting any monies from the workers salary without his/her written permission.
(Excluding pension, taxes and unemployment fund contributions).
A designated employer means an employer who employs 50 or more employees, or has a total annual turnover as reflected in Schedule 4 of the Act, municipalities and organs of state.
Employers can also volunteer to become designated employers.2.1 No person may unfairly discriminate, directly or indirectly, against an employee in any employment policy or practice, on one or more grounds including race, gender, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV status, conscience, belief, political opinion, culture, language, and birth.
A designated employer must conduct an analysis of employment policies, practices, procedures, and working environment so as to identify employment barriers that adversely affect members of designated groups.
The analysis must also include the development of a workforce profile to determine to what extent designated groups are under-represented in the workplace.a.
The employer is not required to pay an employee if the employee has been absent from work for more than two consecutive days or more on more than two occasions during an eight week period and on the request by the employer does not produce a medical certificate stating that the employee was unable to work for the duration of the employee’s absence on account of sickness or injury.However the parties may agree that the domestic worker will receive part of or her entire salary/wage for the time that she is off due to pregnancy.