Truck drivers could receive greater protection against wage deductions for vehicle damage and other losses under proposed changes to South Africa’s road freight collective agreement.
The new provisions place limits on when employers can recover the cost of loss or damage from an employee’s wages and introduce a formal process where a driver disputes liability.
The changes form part of the new collective agreement between road freight employers’ organisations and trade unions, which is set to apply from 1 March 2027.
Employers cannot simply deduct the money
Under the amended Clause 37, an employee may not agree to a deduction from their wages for loss or damage unless specific conditions are met.
The loss or damage must have occurred during employment and must have been caused by the employee’s fault.
For an agreed deduction, the amount must also be less than R1,000, and the agreement must be put in writing and signed by the employee in the presence of a fellow employee of their choice.
That could be particularly significant for truck drivers, where accidents, damaged equipment and other incidents can potentially result in substantial claims.
What happens when the driver does not agree?
The agreement sets out a different process where an employee refuses to agree to the deduction or where the amount is more than R1,000.
In such cases, the employer may only make the deduction after finding the employee liable for the loss or damage following a fair inquiry and fair procedure.
The employee must also be given a reasonable opportunity to explain why the deduction should not be made.
In other words, the proposed changes do not simply allow an employer to decide that a driver is responsible and immediately recover the money from their wages.
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There are limits on how much can be deducted
The agreement also proposes limits on the total amount that can be recovered.
A deduction cannot exceed the actual loss or damage, and an employer cannot recover twice for the same loss.
More importantly, deductions for loss or damage may not exceed 17.5% of the employee’s monthly minimum wage applicable to their occupational grade and category.
There is also an annual limit: over any 52-week period, deductions for loss or damage may not exceed 20% of the applicable annual minimum wage.
Insurance could make a big difference
One of the most significant provisions concerns insurance.
The agreement states that an employer will not be entitled to make deductions for loss or damage where the cost is or may be recovered from an insurance company, in-house company, in-house insurance or third-party insurance.
There is an exception for the portion of the loss that is not recoverable through insurance.
For drivers, this could become an important provision when dealing with accident-related claims.
The changes are part of a much broader three-year road freight agreement covering 1 March 2027 to 28 February 2030.
For truckers, however, the message is simple: if these provisions come into effect as agreed, a driver could no longer simply have the full cost of an accident or damage deducted from their wages without the required process and limits being followed.
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