You worked your shifts but the money didn’t come. Your boss says “next week”, pays less than agreed, or holds your last pay.
This is stressful and common in retail, hospitality, security, domestic and farm work. You have rights and there is a free process to claim what you are owed.
When you don’t get paid – you are not alone
Cashiers in Gqeberha, waiters in Makhanda, security guards in East London, domestic workers in Hogsback and Cathcart face this every month.
Sometimes no pay, sometimes short pay, no overtime, or final pay after quitting. Under the BCEA (Basic Conditions of Employment Act), your employer must pay for work done, on time and in full.
Start an evidence folder now. Use your phone or a plastic sleeve.
What to do first before you go to the CCMA
Do these before you go to the CCMA (Commission for Conciliation, Mediation and Arbitration). Your case will be stronger.
- Check payslip. Hours, rate, deductions, pay date.
- Check contract. What rate and date did you agree?
- Calculate owed. Hours x rate. Check against National Minimum Wage R30.23 per hour from 1 March 2026, about R5,240 per month on a 40-hour week. EPWP (Expanded Public Works Programme) rate is R16.62 per hour from same date.
- Ask in writing. Send WhatsApp or email, not only a call. Write: “I worked [dates], [X] hours at R[X]. Total owed R[X]. Please pay by [date].” Give 48-72 hours.
- Keep proof. Screenshots, rosters, clock cards, till slips. If hired via WhatsApp, keep chats – see whatsapp-job-application-south-africa.
Should you go to Labour or CCMA
Go to Department of Employment and Labour for BCEA non-compliance: no payslip, pay below R30.23 per hour, no UIF (Unemployment Insurance Fund) registration, no written particulars. An inspector can investigate.
Go to CCMA for dispute about money owed – wages, overtime, leave, notice pay – or unfair labour practice. If you resigned because you were not paid, or were dismissed after asking, go to CCMA.
For money owed, refer under section 73A of the BCEA. Confirm wording on referral form as forms update. If job looks fake, check job-scams-south-africa-check.
What the CCMA is and what it costs
CCMA is an independent body that helps workers and employers settle disputes. It is free. You do not need a lawyer at conciliation, and lawyers are not automatically allowed.
Time limits are strict. Dismissal: 30 days. Non-payment under section 73A of the BCEA: CCMA guidance is 6 months from when amount was due. Refer as soon as possible. If late, apply for condonation.
You can refer online at ccma.org.za or in person at East London, Gqeberha, Mthatha, Komani or Butterworth.
How to refer step by step
- Get Form 7.11. LRA Form 7.11 from ccma.org.za or any CCMA office.
- Fill it: your ID, contacts, employer name, address, contact person, what happened, when, outcome wanted – e.g. “Payment of R4,200 for 5-20 May 2026”.
- Attach copies: ID, contract, payslips, WhatsApp proof.
- Submit: email to regional CCMA, online portal, or hand deliver. Keep proof.
- CCMA notifies employer and sets conciliation within about 30 days.
If you work under a Bargaining Council, refer there, not CCMA. CCMA staff will redirect you.
What to bring on the day
Bring originals and copies.
- ID
- Contract or offer message
- Last payslips if you have them
- Bank statement showing missing pay – highlight dates
- Proof of work: clock card, timesheet, roster
- WhatsApp or email asking for payment
- Your calculation: dates, hours, rate, total
- UI-19 if you have it
No contract? Bring anything proving work. Many in retail-jobs-shoprite-pick-n-pay-yes start without paperwork. A colleague’s contact as witness helps.
What happens at conciliation and arbitration
At conciliation, a commissioner helps you and employer try to agree. It is informal. If you agree, you sign a settlement which is binding and can be made an award.
If no agreement, commissioner issues certificate of non-resolution.
If employer does not come but was notified, commissioner can proceed without them or set matter for arbitration.
At arbitration, you give evidence under oath and show documents. Commissioner decides. Decision is called arbitration award with a date to pay.
What CCMA can and cannot do
CCMA can order employer to pay wages, overtime, leave pay, notice pay, and compensation if you were unfairly dismissed for asking for pay.
CCMA cannot take money from employer’s account directly. If employer ignores award, you must enforce it. Get award certified as Labour Court order, then Sheriff enforces.
If company closed or has no money, enforcement is hard. You still have the award, but may need a law clinic to collect. Keep your folder safe.
What if your boss threatens you for going to CCMA
Threatening to fire, cut hours, demote or blacklist you for going to Department or CCMA is victimisation.
Under LRA (Labour Relations Act), that is unfair labour practice, or automatically unfair dismissal if fired. Note date, time, exact words, witnesses. Save message. Refer that dispute separately – 90 days for unfair labour practice, 30 days if dismissed.
You have the right to claim what you earned.
Frequently asked questions
Can I go to CCMA without a contract or payslip?
Yes. Many domestic workers near Butterworth and farm workers near Komani work without contracts. Bring any proof: WhatsApps about shifts, uniform photos, clock cards, previous bank payments, witness. No payslip is also a BCEA breach to report to Department of Employment and Labour.
How long does CCMA take to get my money?
Conciliation is usually within 30 days of referral. If you settle, payment can be within days. If arbitration, add 2-3 months. If employer ignores award, certification and enforcement adds weeks. Keep case number and follow up.
Do I need a lawyer and which office do I use?
No lawyer needed at conciliation. At arbitration you may have representation but many represent themselves. Use office where you worked: East London, Gqeberha, Mthatha, Komani. You can also refer online. If sector has Bargaining Council, refer there.
Next step
Make one folder today called Pay Claim with ID copy, contract, last payslip, bank statement showing missing deposit, and your WhatsApp stating amount, dates and deadline. If not paid, refer online at ccma.org.za.