Hours, salary period, overtime, allowances and employment terms.
South Africa unpaid wages: CCMA section 73A claims
Section 73A of the BCEA gives qualifying employees and workers a CCMA route for amounts owing. The statutory route excludes people earning above the section 6(3) threshold, which is R269,900.90 per year from 1 May 2026.
QUICK ANSWER · SOUTH AFRICA
What should you do first?
Build a pay-period record using the contract, payslips, rosters, bank records and written requests for payment. Separate unpaid wages from dismissal, discrimination, leave or other workplace issues, then verify the wage-enforcement, regulator, tribunal or court route and any filing deadline that applies in the relevant employment jurisdiction.
Guide reviewed
South Africa— check the exact jurisdiction before relying on procedure or deadlines.
- 1Calculate what is unpaid
- 2Preserve roster and pay records
- 3Put the problem in writing
- 4Verify the wage-recovery route
COMMON QUESTIONS
What should I do first about employment and unpaid wages in South Africa?
Build a pay-period record using the contract, payslips, rosters, bank records and written requests for payment. Separate unpaid wages from dismissal, discrimination, leave or other workplace issues, then verify the wage-enforcement, regulator, tribunal or court route and any filing deadline that applies in the relevant employment jurisdiction.
Does the correct legal route vary by location in South Africa?
The correct route can depend on the location, facts, documents and any notice already received. Verify the live official rule for South Africa before acting.
Which official sources should I check for employment and unpaid wages in South Africa?
Start with the current official material from South African Department of Employment and Labour, Commission for Conciliation, Mediation and Arbitration (CCMA) and any court, tribunal, regulator or government authority directly connected to the facts and location.
VISUAL PAY PATH
Work → pay due → shortfall → recovery route.
Use this as a quick map. The detailed rules, deadlines and available remedies still depend on the selected jurisdiction and current official sources.
1What work was done?
2What should have been paid?
3What was actually received?
4Where does it go?
Use the correct rate, pay period and current local rules.
Payslips, deductions, bank deposits and missing amounts.
Labour authority, conciliation, tribunal or court depends on location.
Facts Evidence Correct local route Check current deadline / procedure
HOW THIS INFORMATION WAS PREPARED
Jurisdiction first. Official sources first.
GetInstantLaw uses jurisdiction-specific government, court, regulator and primary-law sources first, with JEZ AI used to organise that legal information in plain English. Important facts, eligibility rules and deadlines should be checked against the cited authority before you act.
No lawyer review is implied unless a page expressly identifies a genuine qualified reviewer. Read our Source Standards, Editorial Standards and Corrections Policy.
What matters first
- The Basic Conditions of Employment Act regulates core employment conditions including wages, deductions and pay slips for covered workers.
- Section 73A allows qualifying employees or workers to refer failures to pay amounts owing under specified employment sources to the CCMA.
- Section 73A does not apply to employees or workers earning above the BCEA section 6(3) threshold; the Department set that threshold at R269,900.90 per year from 1 May 2026.
- Pay slips and a clear calculation of the amount owing are important evidence in a wage dispute.
What to do next
- 1List the exact salary, overtime, leave pay, bonus or other amount you say is outstanding.
- 2Gather payslips, contract terms, time records and bank statements.
- 3Check the current BCEA earnings threshold and whether a bargaining council applies.
- 4Use the appropriate Department of Employment and Labour, CCMA, bargaining-council or court route for the claim.
The payment source matters
Money may be owed because of the BCEA, National Minimum Wage Act, a contract, collective agreement or sector-specific instrument. Identify the legal source of the entitlement before choosing the remedy.
CCMA section 73A claims
The CCMA publishes guidance on claims for failure to pay amounts owing under section 73A of the BCEA. Eligibility can depend on the current earnings threshold, which is amended from time to time.
Build the pay record.
Payslips
Employment contract or written particulars
Hours and overtime records
Bank statements
Leave records
Written demands for payment
Use the right forum.
- 1Raise a written demand identifying the amount and pay period.
- 2Check Department of Employment and Labour guidance and the current BCEA threshold.
- 3Check whether a CCMA section 73A or bargaining-council route applies.
- 4Use qualified labour-law advice where the forum or entitlement is disputed.
OFFICIAL & AUTHORITATIVE SOURCES
Check the underlying authority.
Employment rules and filing procedures can change. These links may include legislation, tribunals, regulators and official guidance. Use the source itself before relying on a deadline, rate or eligibility rule.