BCEA Section 33: Payslip Requirements
Section 33 of the Basic Conditions of Employment Act 75 of 1997 makes a written payslip compulsory on every pay day. This is the full list of what it must contain, what you may and may not deduct, and what happens if you don't comply.
A payslip is compulsory, not optional
Under Section 33 of the BCEA, every employer must give each employee written particulars of their pay on every pay day. This applies to almost all employees in South Africa, including domestic and farm workers.
What Section 33 requires on a payslip
Section 33(1) of the BCEA sets out the information an employer must give the employee in writing on each pay day:
- The employer's full name and address
- The employee's name and occupation
- The period for which the payment is made
- The employee's remuneration in money
- The amount and purpose of any deduction made from the remuneration
- The actual amount paid to the employee
Where relevant to the calculation of pay, the payslip must also show:
- The employee's rate of pay and overtime rate
- The number of ordinary hours and overtime hours worked in the period
- The number of hours worked on a Sunday or public holiday
- If a period of average working time applies, the total ordinary and overtime hours in that period
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Section 34: what you may deduct
Section 33 requires each deduction to be itemised, and Section 34 governs which deductions are lawful in the first place. An employer may only make a deduction from an employee's pay when:
- The employee has agreed to it in writing, or
- It is required or permitted by law, a collective agreement, a court order, or an arbitration award
Deductions to recover loss or damage (for example, till shortages or breakages) are tightly restricted: they need the employee's written agreement, a fair procedure, and they may not exceed one quarter of the employee's remuneration. Statutory deductions such as PAYE and UIF are permitted because they are required by law.
When and how the payslip must be given
- On every pay day, whether pay is weekly, fortnightly, or monthly
- In writing (a printed or PDF payslip both qualify)
- At the workplace or a place agreed with the employee, during working hours or within 15 minutes of the start or end of the day
Penalties for not issuing payslips
Failing to provide a compliant payslip is a breach of the BCEA. A labour inspector from the Department of Employment and Labour can issue a compliance order, and an employee can refer the dispute to the CCMA. Beyond the legal risk, a missing payslip leaves your employee unable to prove income for a loan, lease, or credit application, which is one of the main reasons the law requires it.
Who Section 33 applies to
- Full-time, part-time, and temporary employees
- Domestic workers (also covered by Sectoral Determination 7)
- Farm and forestry workers
- Employees earning below and above the BCEA earnings threshold, for the payslip requirement itself
FAQ
What does Section 33 of the BCEA require on a payslip?
Section 33 of the Basic Conditions of Employment Act 75 of 1997 requires that every employee receives written particulars on each pay day showing: the employer's name and address; the employee's name and occupation; the period for which payment is made; the employee's remuneration in money; the amount and purpose of every deduction; and the actual amount paid. Where relevant, it must also show the employee's pay rate and overtime rate, the number of ordinary and overtime hours worked, and hours worked on a Sunday or public holiday.
What does the law say about payslips in South Africa?
The law is Section 33 of the Basic Conditions of Employment Act. It makes a written payslip compulsory: every employer must give each employee the required particulars in writing on every pay day. This applies to nearly all employees, including domestic and farm workers. Failure to comply is a breach of the BCEA and can be taken to the CCMA or the Department of Employment and Labour.
What is Section 34 of the BCEA (salary deductions)?
Section 34 governs what an employer may deduct from wages. An employer may only make a deduction if the employee agrees in writing, or if the deduction is required or permitted by law, a collective agreement, a court order, or an arbitration award. Deductions to repay a loss or damage (for example, breakages) are only allowed under strict conditions, including a fair procedure and the employee's written agreement, and may not exceed a quarter of the employee's remuneration.
Is it illegal not to give a payslip in South Africa?
Yes. Issuing a written payslip on every pay day is a legal obligation under Section 33 of the BCEA, not an optional courtesy. An employee who does not receive one can refer the matter to the Department of Employment and Labour or the CCMA.
Do domestic workers need a payslip?
Yes. Domestic workers are covered by the BCEA and Sectoral Determination 7, so they must receive a written payslip with the Section 33 particulars on every pay day, just like any other employee.
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