Crisis Guide

My Employer Hasn't Paid Me — What to Do Now

Withholding wages is illegal under the BCEA. You can report it to the Department of Labour and refer to the CCMA the same day — both are free. Here is exactly what to do.

Free South African Law

This is illegal.

Withholding wages is a criminal offence under Section 34 of the Basic Conditions of Employment Act. You do not have to wait. You can act today.

Direct Answer

Your employer is legally required to pay your wages on the agreed date, in full. Non-payment is a criminal offence. Report it to the Department of Labour (free) or refer it to the CCMA the same day.

What the Law Says

Your Legal Foundation

Basic Conditions of Employment Act 75 of 1997

Section 34

“An employer may not make deductions from an employee's remuneration unless the employee in writing consents to the deduction... An employer must pay remuneration not later than seven days after the completion of the period for which the remuneration is payable.”

Basic Conditions of Employment Act 75 of 1997

Section 73

“Any person who fails to comply with any provision of this Act is guilty of an offence.”

Immediate Steps

What to Do Right Now

1Put your demand in writing today. Send a message (WhatsApp is sufficient) stating: "You have not paid my wages due on [date]. In terms of the BCEA you are required to pay by [date + 7 days]. If not paid, I will refer this matter to the CCMA and Department of Labour." Keep the message.
2Call the Department of Labour on 0800 60 10 11 (free) to report the non-payment. They can inspect your employer's payroll records and order immediate payment.
3If you prefer to go directly to the CCMA, complete form LRA 7.11 for an unfair labour practice dispute (non-payment of wages). This is free. Time limit: 90 days from when the payment was due.
4For amounts under R20,000, you can also use the Small Claims Court — no lawyer needed, fast decisions, and no fee for the plaintiff.
5Do not resign without legal advice first. Resigning over non-payment can affect your UIF entitlement and other claims.

What to Say

Exact Words to Use

“"You are required by law to pay my wages. Section 34 of the BCEA makes non-payment a criminal offence. If my wages are not paid in full by [date], I will report this to the Department of Labour and refer the matter to the CCMA."”

Tone: Firm and factual — send in writing

Common Questions

Frequently Asked Questions

My employer says the business has no money — do I just have to wait?

No. Business cash flow problems are the employer's problem, not yours. Your right to be paid on time exists regardless of your employer's financial circumstances. You can refer the matter to the CCMA and the Department of Labour — and if the business is insolvent, there are provisions under the Insolvency Act for employees to claim preferential payment.

How much can the CCMA award me?

The CCMA can order your employer to pay your full arrear wages plus interest. There is no cap on wage claims — you are entitled to every cent owed to you. If the employer is found to have acted in bad faith, additional compensation may be awarded.

Get Help Now

Resources & Helplines

Department of Labour

0800 60 10 11

Report unpaid wages. Labour inspectors can act quickly.
CCMA

0861 16 2616

Unfair labour practice referral for wage disputes. Free.
Legal Aid SA

0800 110 110

Free legal advice if the employer disputes the claim.

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