 | Chapter 8 - Labour LawBasic Conditions of Employment Act No. 75 (1997)The Basic Conditions of Employment Act (BCEA) was adopted by Parliament in 1997, and implemented in 1998.
|
| Hours worked | Payment |
| One hour or less | Double the wage for one hour |
| Longer than one hour, but less than 2 hours | Double the wage for the time worked |
| Longer than two hours, but less than 5 hours | The normal daily wage |
| Longer than 5 hours | Either: |
| - double the wage for the hours worked, or - double the daily wage whichever is greater |
A farmworker who does not live on the farm who works on a Sunday must be regarded as having worked at least two hours on that day.
8. Public Holidays
Farmworkers are entitled to all the public holidays in the Public Holidays Act but the parties can agree to other public holidays. Work on a public holiday is voluntary which means a farmworker may not be forced to work.
The official public holidays are:
New Years day
Human rights day
Good Friday
Family Day
Freedom Day
Workers Day
Youth Day
National Womans Day
Heritage Day
Day of Reconciliation
Christmas Day
Day of Goodwill
Where the government declares an official public holiday at any other time then this must be granted. The days can be exchanged for any other day by agreement.
If the employee works on a public holiday he/she must be paid double the normal days wage.
9. Annual leave
Full time farmworkers are entitled to 3 weeks leave per year. If the parties agree they can take leave as follows: 1 day for every 17 days worked or one hour for every 17 hours worked.
The leave must be given not later than 6 months after completing 12 months of employment with the same employer. The leave may not be given at the same time as sick leave, nor at the same time as a period of notice to terminate work.
10. Sick leave
During the first six months of employment, an employee is entitled to one days paid sick leave for every 26 days worked.
During a sick leave cycle of 36 months, an employee is entitled to paid sick leave that is equal to the number of days the employee would normally work during a period of 6 weeks.
The employer does not have to pay an employee if the employee has been absent from work
- for more than two days in a row, or
- on more than two occasions during an 8-week period
and does not produce a medical certificate stating that he/she was too sick or injured to work.
11. Maternity leave
A farmworker is entitled to at least 4 consecutive months maternity leave. The employer does not have to pay the employee for the period for which she is off work due to her pregnancy. However the parties may agree that the employee will receive part of her whole wage for the time that she is off.
12. Family responsibility leave
Employees who have been employed for longer than 4 months and for at least 4 days a week are entitled to take 3 days paid family responsibility leave during each leave cycle in the following circumstances:
- when the employees child is born
- when the employees child is sick
- if one of the following people dies: the employees husband / wife / life partner / parent /adoptive parent / grandparent/ child/adopted child/ grandchild/ brother or sister
13. Deduction from the remuneration
An employer is not allowed to deduct any monies from the employees wages without his/her written permission.
There can be a deduction of no more than 10% for food and 10% for accommodation that is provided regularly. In this case, the house must also have a proper roof and it must be waterpfoor. It must have a glass window that can be opened, electricity, water on tap inside the house and a flush toilet or pit latrine inside or close to the house.
Farmers may not deduct money from wages for training, provision of tools or equipment or uniforms.
Farmers may only deduct money from wages if this is for payment to-
- a funeral/pension fund
- a financial institution
- trade union fees
14. Other issues
Other issues that are not dealt with the Sectoral Determination include:
- probationary periods
- right of entry to the employers premises
- afternoons / weekends off
- pension schemes
- medial aid
- training/school fees
- funeral benefits/saving accounts
These can all be negotiated between the parties and included in the contract of employment
15. Prohibition of employment
No one under the age of 15 can be required or permitted to work.
16. Other conditions of employment
There is no provision which prevents other conditions of employment being included in a contract of employment but any new conditions may be less favourable than those set by the Sectoral Determination.
17. General administrative requirements
The Sectoral Determination states that farmers must comply with the following administrative processes:
- provide workers with a pay slip which should be kept for a period of 3 years
- provide workers with an employment contract
See www.labour.gov.za for more information
Note:Farmworkers are also covered by the Labour Relations Act, and have a right to belong to unions and to organise, Union organisers have to negotiate access onto the farms with the farmers. If the farmer refuses, the matter can be taken up with the Department of Labour or the Commission for Conciliation, Mediation and Arbitration. A union which has approximately 30% of employees in an organisation as its members, is entitled to have access to the farm or the establishment to hold meetings and to run union business. If this is a problem, the matter can be referred to the CCMA. |
Sample contract of employment for farmworkers
This is a sample contract of employment for a farmworker
Name of employer
Address of employer ..
To
Name of employee .
1. Commencement of employment
Employment started/will start on and continue until terminated in terms of this contract.
2. Place of work
3. Job description
- Job title
- Duties:
4. Hours of work
4.1 Normal working hours will be hours per week, made up as follows:
Monday/Tuesday/Wednesday/ Thursday / Friday .. a.m. to p.m.
Mal intervals will be from: ..to .
Other breaks:Saturdays: .a.m. to p.m
Meal intervals will be from: ..to ..
Other breaksSundays: .a.m. to p.m.
Meal intervals will be from to ..
Other breaks4.2 Hours of work will be extended with by not more than 5 hours per week during ..and reduced by the same hours during ..
4.3 Overtime will be worked as agreed from time to time and will be paid at the rate of one and a half times of the total wage as set out in clause 5.2 of this contract.
5. Wage
5.1 The employees wage shall be paid in cash on the last working day of every week/month and shall be: R .
5.2 The employee shall be entitled to the following allowances/other cash payments in kind:
5.2.1 Accommodation per week/month to the value of R ..
5.2.2 Food per week/month to the value of R5.3 The following deductions are agreed upon: R .
.. R .5.4 The total value of the above remuneration shall be : R
(the total of clauses 5.1 to 5.2.2
change or delete clauses as needed)5.5 The employer shall review the employees salary/wage on or before 1 March of every year.
6. Termination of employment
Either party can terminate this agreement with one weeks notice during the first six months of employment and with four weeks notice thereafter. Notice must be given in writing except when it is given by an illiterate worker. In the case where the worker is illiterate notice must be explained orally by or on behalf of the employer.
On giving notice the employer is to provide the employer who resides in accommodation that belongs to the farmer accommodation for a period of a month. The employer is also obliged to allow the worker who has standing crops on the land a reasonable time to harvest the crop or the farmer may pay the worker an agreed amount for that crop.
7, Sunday work
Any work on Sunday will be by agreement between parties and will be paid according to the Sectoral Determination.
8. Public Holidays
Any work on holidays will be by agreement and will be paid according to the Sectoral Determination.
9. Annual leave
The employee is entitled to three weeks paid leave after every 12 months of continuous service. Such leave is to be taken at times convenient to the employer and the employer may require the employee to take his/her leave at such times as coincide with that of the employer.
10. Sick leave
10.1 During every sick leave cycle of 36 months the employer will be entitled to an amount of paid sick leave equal to the number of days the employee would normally work during a period of six weeks.
10.2 During the first 6 months of employment the employee will be entitled to one days paid sick leave for every 26 days worked.
10.3 the employee is to notify the employer as soon as possible in case of his/her absence from work through illness.
10.4 A medical certificate is required if absent for more than 2 consecutive days or if absent on more than two occasions during an 8 week period.
11. Maternity leave
(Tick the applicable clauses in the space provided)
The employee will be entitled to
months maternity leave without pay
..
OR
The employee will be entitled to
. Months maternity leave on
.pag
12. Family responsibility leave
The employee will be entitled to three days family responsibility leave during each leave cycle if he/she works on at least 4 days a week.
13. Accommodation
(Tick the appropriate box)
13.1 The employee will be provided with accommodation for as long as the employee is in the service of the employer, which shall form part of his/her remuneration package.
13.2 The accommodation may only be occupied by the worker and his/her immediate family, unless by prior arrangement with the employer
13.3 Prior permission should be obtained for visitors who wish to stay the night. However, where members of the employees direct family are visiting, such permission will not be necessary.
14. Clothing
(delete whichever is not applicable)
sets of uniforms/protective clothing will be supplied to the employee free of charge by the employer and will remain the property of the employer.
..sets of boots will be supplied to the employee free of charge by the employer and will remain the property of the employer.
15. Other conditions of employment or benefits
..
16. General
Any changes to the written contract will only be valid if agreed by both parties.
.
Employer
Acknowledgement of receipt by employee
Date: ..
Domestic workers
Domestic workers are covered by the BCEA and the Labour Relations Act. As of November 2002 the employment of domestic workers has been regulated by a Sectoral Determination .
See Sectoral Determinations.
According to the Sectoral Determination Domestic Workers the following are minimum requirements for anyone employing a domestic worker:
- R861.90 minimum monthly salary (R4.43 per hour) in urban areas; R700.05 a month (R3.56 an hour) in rural areas. Domestic workers working 27 hours a week or less are entitled to a slightly higher rate.
- Payment must be made in a sealed envelope, by cash or cheque, and must include a detailed payslip. The employer must keep copies of these payslips for 3 years.
- Wages must increase by at least 8 percent every year in November until 2005.
- There must be a written contract of agreement between the employer and employee.
- A maximum of 45 ordinary working hours a week
- Overtime is voluntary and should be paid at one-and a half times the usual wage.
- Full-time workers are entitled to 21 days annual leave, paid sick leave, five days family responsibility leave, and 4 months unpaid maternity leave.
- No compulsory work on public holidays. Those who do agree to work should be paid double the normal hourly rate.
Note:
If an employer was paying their domestic worker more than the minimum wage and then dropped this amount to the minimum wage (after the Sectoral Determination came into force), they would have broken the contract and the employee can refer the case to the CCMA.
Summary of the provisions contained in the Sectoral Determination for domestic workers
1. Notice period and termination of employment
Any party to an employment contract must give written notice, except when an illiterate worker gives it, as follows:
- one week if employed for 6 months or less
- four weeks - if employed for more than 6 months
Notice must be explained verbally by or on behalf of the employer to a domestic worker if he/she is not able to understand it.
If the domestic worker lives in accommodation provided by the employer then the employer must give him/her one months notice to leave the accommodation or until the contract of employment could lawfully have been terminated.
All money that is owing to the domestic worker for example, wages, allowances, pro rata leave, paid time-off not taken, and so on must be paid.
An employer who has to dismiss an employee due to a change in his/her economic, techonoolligca, or structural set-up, called operational requirements in the determination, is responsible for severance pay to the employee.
2. Procedure for terminating employment
A domestic workers contract of employment may not be terminated unless a valid and fair reason exists and a fair procedure is followed. IF an employee is dismissed without a valid reason or without a fair procedure, the employee can refer the case to the CCMA.
If a domestic worker cannot return to work because of a disability, the employer must investigate the nature of the disability and decide whether or not it is permanent or temporary. The employer must try to change or adapt the duties of the worker to accommodate the employee as far as possible. But, if it is not possible for the employer to change or adapt the duties of the domestic worker then the employer can terminate his/her services.
The LRA (Act No 66 of 1995) sets out the procedures that must be followed when a persons services are terminated.
3. Wage/remuneration/payment
All employers of domestic workers throughout South Africa will have to pay their workers a minimum wage. There are two rates for the minimum wage which are based on:
- where the domestic worker works
- the number of hours worked per week
Wages according to areas
Wages are given for two areas, Area A and Area B. These areas are based on municipal boundaries.
Area A:
Bergrivier, Breederivier, Buffalo City, Cape Agulhas, Cederberg, City of Cape Town, City of Johannesburg, City of Tshwane, Drakenstein, Ekurhuleni, Emalahleni, Emfuleni, Ethekwini Central City, Gamagara, George, Hibiscus Coast, Karoo Highland, Kgatelopele, Khara Hais, Knysna, Kungwini, Kouga, Langeberg, Lesedi, Makana, Mangaung, Matzikama, Metsimaholo, Middelburg, Midvaal, Mngeni, Mogale, Mossel Bay, Msunduzi, Mtubatuba, Nama Khoi, Nelson Mandela, Nokeng tsa Taemane, Oudtshoorn, Overstrand, Plettenberg Bay, Potchefstroom, Randfontein, Richtersveld, Saldanha Bay, Sol Plaatjie, Stellenbosch, Swartland, Swellendam, Theewaterskloof, Umdoni, uMhlathuze, Witzenberg
Area B applies to the rest of South Africa
Wages will be payable according to the number of hours worked per week.
If a domestic worker works for 27 ordinary or less hours per week, he/she will be entitled to slightly higher wage. This is to compensate the worker, as he/she does not have a full-time job.
How do the wages work?
Area A
If a worker works less than 27 ordinary hours per week his/her hourly
wage is R4.87 per hour
If a worker works more than 27 ordinary hours per week, his/her hourly
wage is R4.43 per hour
Area B
If a worker works 27 ordinary hours or less per week his/her hourly
wage is R3.95 per hour
If a worker works more than 27 ordinary hours or less per week, his/her
hourly wage is R3.60 per hour
Guaranteed minimum rate
Some domestic workers might work less than 4 hours per day. IF this is the case, he/she should be paid for 4 hours worked.
Annual increase
Wages will go up by 8% on 1 November 2003 and another 8% on 1 November 2004. If the inflation rate is higher than 10% then the wage increase of 8% will be adjusted by the Department of Labour.
Calculating the minimum wages
Employers who cannot afford to pay the minimum wage can choose to reduce the number of hours to be worked instead of retrenching the employee. However, it is against the law to pay less than the minimum hourly rate. If an employer pays more than the prescribed hourly rate, they cannot reduce the rate because it will be an unfair labour practice.
Example of calculating a domestic workers wage
Sarah is a domestic worker who works 6 hours a day from Monday to Friday for an employer who lives in Soweto. How much should Sarah be paid according to the Sectoral Determination?
6 hours per day x 5 days = 30 hours worked per week
She must be paid at the rate prescribed for AREA A.
30 hours per week x R4.43 (rate for Area A for an employee working
more than 27 hours per week)
= R132.90 per week
Additional payments (such as for overtime or work on Sundays or Public holidays) are calculated from the total remuneration. The total remuneration is the total of the money received by the employee and the payment in kind, which may not be more than 10% each of the wage for food and accommodation.
See Payment in kind
See Sample contract of employment for domestic workers
4. Transport allowance
The Sectoral Determination does not regulate transport so it is open to negotiation between the parties.
5. Hours of work
(a) Normal hours (excluding overtime)
A domestic worker cannot work more than:
- 45 hours per week
- 9 hours per day for a five day work week
- 8 hours a day for a six day work week
(b) Overtime
A domestic worker may not work
- more than 15 hours overtime per week, and
- more than 12 hours on any day, including overtime.
Overtime is paid at one and a half times the employees normal wage or an employee may agree to take paid time off.
(c) Daily and weekly rest periods
A domestic worker is entitled to a daily rest period of 12 consecutive hours (hours in a row) and a weekly rest period of 36 consecutive hours, which must include Sunday, unless otherwise agreed;
The daily rest period can be reduced to 10 hours if the parties agree and if the employee lives on the premises and takes a meal interval that lasts for at least 3 hours.
The weekly rest period can by agreement be extended to 60 consecutive hours every two weeks or be reduced to 8 hours in any week if the rest period in the following week is also extended.
(d) Standby
Standby means any period between 8 p.m. and 6 a.m. when a domestic worker is need to be at the workplace and is allowed to rest or sleep but must be available to work if necessary:
This may only be done if the parties have agreed in writing and not more than 5 times per month. An allowance of R20 per shift must be paid for standby.
(e) Night work
- Night work means work performed after 6 p.m. and before 6.a.m.
- Night work is allowed only if the domestic worker has agreed to this in writing. The employee must be compensated by an allowance of at least 10% of the ordinary daily wage.
6. Meal intervals
A domestic worker is entitled to a one-hour break for a meal after not more than five hours work. The interval may be reduced to 30 minutes by agreement. When a second meal interval is required because of overtime worked, it may be reduced to not less than 15 minutes. If an employee has to work through his or her meal interval, then they must be paid for this.
7. Work on Sundays
Work on Sundays is voluntary and a domestic worker can not be forced to work on a Sunday.
A domestic worker who works on a Sunday must be paid double the daily wage.
If the employee ordinarily works on a Sunday he/she should be paid one and a half times the wage for every hour worked. If the parties agree, the worker can be paid for time off.
8. Public Holidays
Domestic workers are entitled to all the public holidays in the Public Holidays Act but the parties can agree to other public holidays. Work on a public holiday is voluntary which means a domestic worker may not be forced to work.
The official public holidays are:
New Years day
Human rights day
Good Friday
Family Day
Freedom Day
Workers Day
Youth Day
National Womans Day
Heritage Day
Day of Reconciliation
Christmas Day
Day of Goodwill
Where the government declares an official public holiday at any other time then this must be granted. The days can be exchanged for any other day by agreement.
If the employee works on a public holiday he/she must be paid double the normal days wage.
9. Annual leave
Full time domestic workers are entitled to 3 weeks leave per year. If the parties agree they can take leave as follows: 1 day for every 17 days worked or one hour for every 17 hours worked.
The leave must be given not later than 6 months after completing 12 months of employment with the same employer. The leave may not be given at the same time as sick leave, nor at the same time as a period of notice to terminate work.
10. Sick leave
During the first six months of employment, an employee is entitled to one days paid sick leave for every 26 days worked.
During a sick leave cycle of 36 months, an employee is entitled to paid sick leave that is equal to the number of days the employee would normally work during a period of 6 weeks.
The employer does not have to pay an employee if the employee has been absent from work
- for more than two days in a row, or
- on more than two occasions during an 8-week period
and does not produce a medical certificate stating that he/she was too sick or injured to work.
11. Maternity leave
A domestic worker is entitled to at least 4 consecutive months maternity leave. The employer does not have to pay the employee for the period for which she is off work due to her pregnancy. However the parties may agree that the employee will receive part of her whole wage for the time that she is off.
12. Family responsibility leave
Employees who have been employed for longer than 4 months and for at least 4 days a week are entitled to take 3 days paid family responsibility leave during each leave cycle in the following circumstances:
- 5 when the employees child is born
- 6 when the employees child is sick
- 7 if one of the following people dies: the employees husband / wife / life partner / parent /adoptive parent / grandparent/ child/adopted child/ grandchild/ brother or sister
13. Deduction from the remuneration
An employer is not allowed to deduct any monies from the employees wages without his/her written permission.
There can be a deduction of no more than 10% for food and 10% for accommodation that is provided regularly. In this case, the house must also have a proper roof and it must be waterpfoor. It must have a glass window that can be opened, electricity, water on tap inside the house and a flush toilet or pit latrine inside or close to the house.
14. Other issues
Other issues that are not dealt with the Sectoral Determination include:
8 probationary periods
9 right of entry to the employers premises
10 afternoons / weekends off
11 pension schemes
12 medial aid
13 training/school fees
14 funeral benefits/saving acocunts
These can all be negotiated between the parties and included in the contract of employment
15. Prohibition of employment
No one under the age of 15 can be required or permitted to work.
16. Other conditions of employment
There is no provision which prevents other conditions of employment being included in a contract of employment but any new conditions may be less favourable than those set by the Sectoral Determination.
17. General administrative requirements
The Sectoral Determination states that employers must comply with the following administrative processes:
- provide workers with a pay slip which should be kept for a period of 3 years
- provide workers with an employment contract
See www.labour.gov.za and click on Sectoral Determination for domestic workers for more information.
Sample contract of employment for domestic workers
This is a sample contract of employment for a domestic worker
Name of employer
Address of employer ..
To
Name of employee .
1. Commencement of employment
Employment started/will start on and continue until terminated in terms of this contract.
2. Place of work .
3. Job description
- Job title
- Duties:
4. Hours of work
4.1 Normal working hours will be hours per week, made up as follows:
Monday/Tuesday/Wednesday/ Thursday / Friday .. a.m. to p.m.
Mal intervals will be from: ..to .
Other breaks:Saturdays: .a.m. to p.m
Meal intervals will be from: ..to ..
Other breaksSundays: .a.m. to p.m.
Meal intervals will be from to ..
Other breaks4.2 Hours of work will be extended with by not more than 5 hours per week during ..and reduced by the same hours during ..
4.3 Overtime will be worked as agreed from time to time and will be paid at the rate of one and a half times of the total wage as set out in clause 5.2 of this contract.
4.4 Standby will only be done if agreed from time to time whereby an allowance wil be paid of at least R20,00 per standby shift.
5. Wage
5.1 The employees wage shall be paid in cash on the last working day of every week/month and shall be: R .
5.2 The employee shall be entitled to the following allowances/other cash payments in kind:
5.2.1 Accommodation per week/month to the value of R ..
5.2.2 a weekly/monthly transport allowance to the value of R5.3 The following deductions are agreed upon: R .
.. R .5.4 The total value of the above remuneration shall be : R
(the total of clauses 5.1 to 5.2.2
change or delete clauses as needed)5.5 The employer shall review the employees salary/wage on or before 1 November of every year.
6. Termination of employment
Either party can terminate this agreement with one weeks notice during the first six months of employment and with four weeks notice thereafter. Notice must be given in writing except when it is given by an illiterate worker. In the case where the worker is illiterate notice must be explained orally by or on behalf of the employer.
On giving notice the employer is to provide the employer who resides in accommodation that belongs to the employer accommodation for a period of a month.
7, Sunday work
Any work on Sunday will be by agreement between parties and will be paid according to the Sectoral Determination.
8. Public Holidays
Any work on holidays will be by agreement and will be paid according to the Sectoral Determination.
9. Annual leave
The employee is entitled to three weeks paid leave after every 12 months of continuous service. Such leave is to be taken at times convenient to the employer and the employer may require the employee to take his/her leave at such times as coincide with that of the employer.
10. Sick leave
10.1 During every sick leave cycle of 36 months the employer will be entitled to an amount of paid sick leave equal to the number of days the employee would normally work during a period of six weeks.
10.2 During the first 6 months of employment the employee will be entitled to one days paid sick leave for every 26 days worked.
10.3 the employee is to notify the employer as soon as possible in case of his/her absence from work through illness.
10.4 A medical certificate is required if absent for more than 2 consecutive days or if absent on more than two occasions during an 8 week period.
11. Maternity leave
(Tick the applicable clauses in the space provided)
The employee will be entitled to
months maternity leave without pay
..
OR
The employee will be entitled to
. Months maternity leave on
.pag
12. Family responsibility leave
The employee will be entitled to three days family responsibility leave during each leave cycle if he/she works on at least 4 days a week.
13. Accommodation
(Tick the appropriate box)
13.1 The employee will be provided with accommodation for as long as the employee is in the service of the employer, which shall form part of his/her remuneration package.
13.2 The accommodation may only be occupied by the worker and his/her immediate family, unless by prior arrangement with the employer13.3 Prior permission should be obtained for visitors who wish to stay the night. However, where members of the employees direct family are visiting, such permission will not be necessary.
14. Clothing
(delete is not applicable)
sets of uniforms/protective clothing will be supplied to the employee free of charge by the employer and will remain the property of the employer.
15. Other conditions of employment or benefits
..
16. General
Any changes to the written contract will only be valid if agreed by both parties.
.
Employer
Acknowledgement of receipt by employee
Date: ..
Prohibited employment
Child labour
- Children below the age of 15 years may not be required or permitted to work.
- Children between the ages of 15 and 18 may not perform work that places their well-being, education, or physical and mental health at risk.
The Department of Labour and state prosecutor will be primarily responsible for enforcing the rules about child labour. To employ children is a criminal offence.
Forced labour
No-one may force employees to work (for example, an employee was unfairly dismissed and was also not paid leave pay). This is a criminal offence.
Enforcement of the BCEA
If you are helping a worker with a problem who is covered by the BCEA, then you refer the problem to the Department of Labour if you have tried and cannot solve the problem with the employer on your own.
The Department of Labour is responsible for enforcing the BCEA. The Department appoints inspectors who have wide powers to make sure employers obey the Act.
A worker whose employer is not obeying the BCEA can complain to the Department of Labour. A Labour inspector will investigate. If the inspector decides the employer is breaking the law, he or she will try to get a written promise from the employer to obey the BCEA. The inspector may issue a 'compliance order' to employers who do not obey the BCEA. If the employer ignores the compliance order, the Department of Labour must refer the matter to the Labour Court to force the employer to obey. Employers are also entitled to appeal against compliance orders to the Director General of Labour or the Labour Court.
Workers can also make their own civil case in the Magistrates Court and the Small Claims Court, to get money that is owing to them.
The Department of Labour will only make a criminal case against an employer for employment of child labour.
Workers whose employer is not obeying the BCEA must take the matter to the Department of Labour, not to the CCMA.
But if the worker and employer are in a dispute about a matter covered by the Labour Relations Act, and they are busy trying to resolve the dispute at the Commission for Conciliation, Mediation and Arbitration (CCMA), then the CCMA can also order the employer to pay money that is owed to the worker because of the worker's BCEA rights. For example, where a dismissal is being contested at the CCMA, the CCMA will be able to order an employer to pay outstanding money owed to the worker. The law is made like this just to simplify procedures and to avoid the matter having to go to both the Department of Labour and the CCMA (and possibly the courts!).
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