Question:
Please advise if it is lawful for my employer to deduct skills development money from my provident fund.I have been employed for 31 months & tge company paid about R30 000 for my studies. I haven't signed any agreement with them that I am going to work for a certain period after I complete my certificate course, they just called me and asked if I want to study I said yes & sent them the invoice they paid.Now that I am resigning I am advised that they are going to take all their money from my provident fund & from my salary & leave pay. she said I am not gonna get anything in my account come pay day as I owe them.PLEASE HELP
Answer:
Dipuo, Your employer cannot claim a deduction against your provident fund if you have not signed some form of a written acknowledgement of debt. You may have done so inadvertently, but if they cannot provide this proof, then the provident fund administrator cannot give effect to their claim. If they do so anyway, you must lodge a written complaint with them, and if they do not respond satisfactorily, then you can lodge a complaint with the Pension Funds Adjudicator. As for the deductions against your pay and leave pay, this is probably governed by similar rules, but we are not labour law experts. You would probably have to challenge that with the CCMA. Have you checked your terms of employment? These may permit the employer to make these deductions.
