A restaurant in Stellenbosch called Kraft Wheat & Hops has been accused of exploiting its staff through illegal practices.
A waiter at Kraft Wheat & Hops contacted Cape Talk and shared that waiters are being made to pay the restaurant’s bank fees.
In September, the restaurant management apparently announced that 3.5% would be deducted from the total of their bills paid by credit card.
The waiters are paid their tip amounts at the end of each shift and then 3.5% of total card-paid bills for the month is apparently deducted from their wages.
It seems the restaurant is passing on all its bank fees relating to card payments, to its waiters, making them bear that cost.
In addition, the waiters have R10 deducted from each shift to cover the washing of their aprons.
It's also alleged that the waiters are not being given their payslips.
It is illegal, albeit common practice, for restaurants to charge uniform fees or have additional deductions on wages or tips.
Labour lawyer Michael Bagraim says the rights of waiters are protected in the Basic Conditions of Employment Act (BCEA) and the Sectoral Determination 14 for the hospitality industry.
Bagraim says the law states that employers must proactively provide payslips to all staff whenever they are paid.
He encourages waiters to report illegal practices to the Labour Department so that an inspector can be sent to the restaurant.
A statement was released by the restaurant management, via employer representative LabCo, which Knowler read.
Restaurant management claims the 3.5% only applies to tips. Bagraim says this is still illegal.
The restaurant also says it will no longer charge R10 for apron fees.
Unfortunately, this is extremely common.— Michael Bagraim, labour lawyer
There's no confusion. You cannot do what this particular restaurant has done... It's right throughout the industry.— Michael Bagraim, labour lawyer
The Basic Conditions of Employment Act says you have to receive a payslip in writing.— Michael Bagraim, labour lawyer
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