Deductions – Problematic Clauses In Employment Contracts

It frequently occurs that employees who receive an alternative work opportunity resign without giving the prescribed notice period. Previously, CEO published an article in which we specifically addressed whether the employer was required to remunerate the employee for the notice period not worked.

This article explores whether the employer is permitted to deduct the value of the notice period not worked by the employee where they were required to do so from the employee's remuneration. In other words, under which circumstances may an employer deduct remuneration owed to the employee for work rendered due to their failure to work the statutory or agreed notice period?

It may happen that because the employee failed to work the notice period, employers are left with the cost of recruiting another individual to replace said employee, which involves not only recruitment costs but also training, amongst other things. In so doing, the employer incurs some form of damage