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    What do I do if I wasn’t paid at the end of October.  This has happened before.  I am very stressed what now?

    #1042 Reply

    In South Africa, if your salary is paid late, there are specific steps you can take to address the issue:

    1. Understand the Legal Framework: According to the Basic Conditions of Employment Act (BCEA), employers must pay employees within seven days after the end of the pay period. For example, if your pay period ends on the last day of the month, your employer has until the 7th of the following month to pay you.
    2. Communicate with Your Employer: If your salary is late, first bring the matter to the attention of your employer or HR department. Sometimes, delays can be due to administrative errors or unforeseen circumstances.
    3. Internal Grievance Procedures: If direct communication does not resolve the issue, follow your company’s internal grievance procedures. This might involve submitting a formal complaint or seeking assistance from an employee representative or union.
    4. Report to the Department of Labour: If the issue persists, you can report a complaint to the nearest Labour Centre. This option is available to employees earning below the BCEA threshold of R211,596.30 per year or R17,634 per month. The Department of Labour can investigate and issue a Compliance Order to compel your employer to pay the outstanding salary.
    5. Refer a Dispute to the CCMA: For employees earning below the BCEA threshold, the Commission for Conciliation, Mediation, and Arbitration (CCMA) can handle disputes related to unpaid salaries. You can refer your case to the CCMA if internal procedures and reporting to the Labour Centre do not resolve the issue.
    6. Legal Action: If all else fails, you may consider taking legal action. Consulting with a labour lawyer can help you understand your options and the best course of action based on your specific situation.

    It’s important to document all communications and actions taken regarding the late payment to support your case if it escalates.

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