The employer should pay interest if the salary is not paid on time: HC
Many employees might have many questions such as what to do when salary is not paid? , what to do when salary is not paid on time? You may have thought of ideas such as not going to work or delaying the pending work but this won’t work for you. Your employer can take actions towards your unfamiliar behaviour. You should act legally and take your steps in a formal way.
First and foremost you should talk to your employer and try to know the reasons for the salary being delayed, or whether there is something wrong with the payment process for being resumed.
Most employees are not aware of the law Section 32 (3) Basic Conditions of Employment Act. There is a 7 days grace period for employers to pay salaries to their employees. And the grace period starts after the end of the payment period.
So it would be waste of time if you claim anything against your employer before the grace period. Ok then here is the example for you to understand easily If you get your salary on the 27th of the month and the payment period ends on the last day of the month and then starts the grace period of the salary which ends on the 7th of the month.
You need to understand that the payment period is till the end of the month and the grace period would be the after month and till its 7th day.
Howcome you receive your salary on the 24th of the month and you count the after the date as the grace period but this isn’t the way or the law.
IF you stop going to work in terms of not getting the salary it would be not beneficial for you as the employer can charge you for not showing concern towards the work and I think this would not be beneficial for your future.
Here’s what you should do when your salary is not paid on time
1. Wait till the grace period
That’s right you have to wait all along for the grace period to end which would be the 7th of the month. Any actions taken before the grace period would be stupidity.
2. Talk to the employer they might have reasons
It’s obvious there can be a reason for the late payment of the salary. You should consider talking first to the employer before taking any strict action.
3. Charge interest on the late salary
According to the High Court, it states that employer should pay the interest if the salary is not paid on time.
4. Take the matter to the department of labour
After waiting for the grace period and talking to the employer still you are not getting your salary you must take a step ahead to the department of labour and claim your case there. You should put the complaint within the 12 months of the issue arose.
5. CCMA or bargaining council
If you have tried all the procedure and still unhappy you should claim your matter to the bargaining council for unfair labour practice and it should be filed within 90 days and you should be an employee within the company.
Maybe now you know what you have to do if next time you don’t get your salary on time. It’s better to know your rights and act accordingly. You didn’t need to be afraid of asking out for your money. You might want to know how to negotiate salary during an interview.