Labour Law FAQs
for Employers

No. An employer may not withhold an employee's salary after the employment relationship ends. If salary is withheld after resignation or dismissal, the employee may refer the matter to the Department of Employment and Labour or take legal steps to recover the outstanding remuneration.

An employer may only make deductions required or permitted by law (such as PAYE tax and UIF) or agreed to by the employee in writing (such as pension or medical aid). Deductions to repay a debt owed to the employer may not exceed 25% of the employee's remuneration per month, and only where there is a written agreement.

Notice is the period an employee or employer must give before ending the employment relationship. It gives the employer time to arrange a replacement and the employee time to plan ahead. The minimum notice periods are set by the BCEA and increase with the employee's length of service.

Employees should be paid on or before their last working day for work already done. Where remuneration is due it should be paid without undue delay — as a guide, within seven days of becoming due — and unjustified delays can expose the employer to penalties.

Yes. Where the employee agreed to the loan in writing, an employer may recover it through deductions of up to 25% of monthly remuneration. The BCEA does not specifically regulate recovery of a balance exceeding this on termination, so it is best dealt with through a clear written agreement.

No. A certificate of service must be issued on termination regardless of any money the employee may owe. Employees are entitled to this document by law.

Remuneration is the total value an employee receives for work done — including wages, overtime, bonuses and other benefits. How it is calculated depends on the employee's terms of employment (for example hourly, weekly or monthly).

Yes. Casual and part-time workers are still protected by the BCEA, including entitlements such as leave and overtime where applicable. Even without a signed contract, a working relationship carries statutory rights — written terms are strongly recommended to avoid disputes.

There is no statutory obligation on the employer to pay remuneration during maternity leave, although a company policy or contract may provide for it. The employer must grant maternity leave and provide the UI-19 and related documents so the employee can claim maternity benefits from the UIF.

Generally no. Senior managerial employees, and those earning above the BCEA earnings threshold, are usually excluded from the overtime provisions because of the nature of their roles. Whether the exclusion applies depends on the actual duties performed and the employee's earnings.

The CCMA (Commission for Conciliation, Mediation and Arbitration) is an independent statutory body that resolves labour disputes in South Africa through conciliation, mediation and arbitration.

Employees, employers, trade unions and employer organisations may all approach the CCMA for assistance with a labour dispute.

The CCMA deals with disputes such as unfair dismissal and unfair labour practices — including disputes about unfair conduct relating to promotions, demotions, benefits and unfair discrimination.

A dispute is usually referred first for conciliation. If it is not resolved, it may proceed to arbitration or, for certain matters, to the Labour Court. Strict time limits apply at each stage, so it is important to act promptly.

The CCMA is established under the Labour Relations Act and supported by the constitutional right to fair labour practices. It operates independently of the State, political parties, trade unions and employers.

Where an employer does not comply with an arbitration award, the employee can enforce it through the CCMA and/or the Labour Court, or through other appropriate legal channels.

A party who is unhappy with an arbitration award may apply to the Labour Court to have it reviewed, within the time frame allowed.

After the arbitration process is finalised, the presiding commissioner must issue the award within 14 days.

In the arbitration of dismissals for misconduct or incapacity, legal representation is not automatic. The commissioner may allow it depending on factors such as the complexity of the matter, the public interest, and the comparative ability of the parties to present their case.

The appropriate LRA referral form must be used — these are available on the CCMA website. Using the correct form and observing the applicable time limits is essential to a valid referral.