The company I work for has not paid us. Many of my colleagues are foreigners and some do not have IDs. Please help us.

The long answer

The law in South Africa that sets out the minimum (most basic) terms of employment between employers and employees is the Basic Conditions of Employment Act (BCEA). 

Section 32(3) of the BCEA says that employers are not allowed to withhold payment for work done, and that they must pay the employee within seven days of completing the pay period or the end of the contract. 

The BCEA also says that the employer must provide a proper payslip on each payday which gives full details of the payment. 

An employer who does not pay for the work done is breaking the law. That means that the worker has the right to claim unpaid wages through 

• a complaint to the Labour Department

• or by declaring a dispute at the CCMA (the Commission for Conciliation, Mediation and Arbitration)

• or by going to court.

The Labour Department has offices in each province.

To contact the CCMA:

• Call the National Call Centre: 086 116 1616

• Visit the CCMA Website: www.ccma.org.za 

• Use the Digital Case Referral System: cmsonline.ccma.org.za

• Email the CCMA: [email protected]

Some foreign workers at the company may face even greater challenges, especially if they don’t have IDs. If they aren’t being paid, it can be very difficult for them to go to the Labour Department or CCMA, because they may not be able to show the documents required. This makes their situation particularly tough compared to others who can access these avenues.

Wishing you the best,
Athalie