Frequently Asked Questions for Employers:

Can the Employer refuse to pay an employee's salary after the employee's employment has been terminated? What can be done about an employer that just refuses to pay a due salary after the employee resigned?

• No
• If an employer withholds salary payments after an employee resigns, the employee can take legal action or file a complaint with the Department of Labour.

What can an employer deduct from an employee’s salary?

• Deductions must be lawful and agreed upon. 
• Common deductions include tax, pension contributions, and authorized loan repayments.
• Other deductions, like a debt owed by the employee to the employer, may only be to a maximum of 25% of his salary per month, by agreement in writing;

What is notice?

• Notice pay refers to the period an employee or employer must give before terminating employment. 
• It ensures a smooth transition and allows time to find a replacement.

How long does the company have before they have to pay an employee after their last day worked?

• Employers should pay employees on or before their last working day.
• The maximum allowed period after the payment has become due and owing to the employee is 7-days after the payment date;
• Delayed payments can result in penalties.

Can an employer recover the outstanding balance of a loan that is in an employee’s account?

• Yes, as stated above, to the maximum of 25% per month, if the loan was previously authorized and the employee’s account balance allows for it.
• The BCEA is silent on the fact if the employee leaves the employment and has an outstanding amount due and owing to the employer, more than 25% of the employee's monthly salary. 
• Approach our offices, contact us, for assistance with issues like this.

Can an employer withhold a certificate of service until the employee has paid their debt?

• No, withholding a certificate of service is not allowed. 
• Employees are entitled to this document regardless of any outstanding debts.

What is remuneration, and how is it calculated?

• Remuneration includes wages, overtime pay, bonuses, and other benefits. 
• Calculation methods vary based on employment terms.

I have no employment contract as my employer claims I am a casual worker. Surely I am entitled to some form of benefits?

• Yes, casual workers are entitled to certain benefits, such as leave and overtime pay, even if they don’t have a formal contract.
• Casual employees may only work to a maximum of 24-hours per month, and it is required to have an agreement in place for casual workers;
• To DRAFT! a casual worker contract, please login to your user account and go to Employment contracts and then choose Casual worker contract;

Must I be paid by my employer during maternity leave?

• No, employers are not required to provide paid maternity leave as stipulated by the LRA.
• If the employment contract or policies provide for paid maternity leave, then it should pay in lieu of that internal  policy / employment contract.
• Employers are however required to allow for maternity leave.
• Employers are required to provide employees with a UI-19 certificate in order to allow 

Can a senior manager claim overtime?

• Senior managers may not be eligible for overtime pay, as their roles often involve flexibility in working hours.
• This is however subject to the annual earnings threshold and the question whether the employee is actually working as a manager.

What is the CCMA?

• The CCMA is a government institution that mediates and arbitrates labour disputes in South Africa. 
• It plays a crucial role in resolving conflicts between employers and employees, ensuring fair practices, and maintaining workplace harmony.

Who can approach the CCMA?

• Employees can approach the CCMA for assistance in resolving workplace disputes. 
• Additionally, employers, unions, or employer organizations may also refer disputes to the CCMA.

What types of cases does the CCMA handle?

• The CCMA typically hears cases related to:
• Unfair dismissal: When an employee is terminated without valid reasons or proper procedures.
• Unfair labour practices: Cases involving discriminatory treatment, unfair promotions, or other unjust actions by companies.

How does the CCMA process work?

• Employees can refer disputes to the CCMA for conciliation, arbitration, or refer to the Labour Court proceedings.
• Deadlines, forms, and communication methods vary for each step.

What is the CCMA’s legislative mandate?

• The CCMA draws its legislative mandate primarily from Section 112 of the Labour Relations Act (LRA) and Section 23 of the Constitution of the Republic of South Africa. 
• It operates independently and aims to promote fair labour practices.

What must I do if the employer fails to comply with the award?

• If an employer does not comply with the CCMA’s arbitration award, the employee can seek legal enforcement through the CCMA and or  Labour Court or other relevant legal channels.

What can the employer do if not satisfied with the award given by the CCMA?

• If dissatisfied with the award, you can apply for review of the award, within the stipulated time frame.

How long does it take to receive the outcome of the arbitration process?

• The duration of the arbitration process may vary until the final evidence has been presented to the Commissioner,
• but after the finalization of the arbitration process, the award must be rendered by the presiding commissioner within 14 days after the finalization of the arbitration process; 

Under what circumstances can a commissioner consider allowing a legal practitioner to represent me?

• A commissioner may allow legal representation if the matter is complex, involves complex legal issues, issues of public interest, the comparative abilities of parties are measured in the presentation of the case;
• Rule 25 of the CCMA Rules clearly states the grounds in terms when legal representatives are to be allowed and not allowed; 

Which form should an employee use to refer a dispute for arbitration at the CCMA?

• Use the appropriate CCMA form (such as LRA Form 7.11) to refer a dispute for arbitration. 
• These forms are available on the CCMA website.