Know Your Rights at Work

Every worker in South Africa has rights at work. These rights are there to protect you if your employer does not pay you on time, pays you too little, does not pay overtime correctly, or even dismisses you unfairly. Knowing your rights and where to seek help can make a real difference for working families in Johannesburg and Pretoria.

Getting paid correctly

Under the Basic Conditions of Employment Act, your employer must pay you on the agreed payday. You should also receive a payslip showing how much you were paid and any deductions made. If you are not paid on time, or if overtime is not paid correctly, this is not lawful and you have the right to take action.  

You also have a right to proper pay for overtime. Overtime is work beyond your normal weekly hours and must only be worked if you agree to it. If you do work overtime, you should be paid at least one and a half times your normal hourly rate. Work on Sundays or public holidays usually must be paid at double the normal rate, depending on your contract.

If you have not been paid correctly, talk to your supervisor or employer first. Bring your payslips and notes about hours worked. If that does not fix the problem, you can contact:

• The Department of Employment and Labour: visit the nearest labour office in person and ask for help. They can inspect the workplace and may help resolve disputes.

• The Commission for Conciliation, Mediation and Arbitration (CCMA): the CCMA offers free help to resolve disputes between workers and employers. They can assist with non‑payment issues if other steps have not worked. 

• Your trade union: if you are a member. Unions can offer advice, support and representation.

Always keep copies of payslips, time sheets, contracts and any messages or notes about hours worked. These records are important evidence if you need help.

What happens if you are dismissed

Being dismissed from your job can be stressful. But under the Labour Relations Act (LRA), every employee has the right not to be unfairly dismissed. A dismissal is unfair if your employer had no valid reason, or if they did not follow a fair process before ending your employment. 

Some dismissals are automatically unfair. These include being fired for discriminatory reasons such as race, gender or pregnancy, or being dismissed for joining a trade union or taking part in protected strikes. If your dismissal falls into one of these categories, your employer must prove it was fair. 

If you believe you were unfairly dismissed, you must act quickly. You usually have 30 days from the date of dismissal to refer your case to the CCMA. You will complete a referral form (called LRA Form 7.11) and submit it to the CCMA or a bargaining council. Making sure the referral is filed on time is important. 

At the CCMA, you will first attend a conciliation hearing where both you and your employer try to agree on a solution. If you still cannot agree, the matter may go to arbitration. At arbitration, a commissioner listens to both sides and makes a binding decision on what should happen. You might be reinstated in your job, re‑employed in a different position, or receive compensation if your dismissal was unfair.

Tips and resources

• Keep good records: payslips, contracts, time sheets and written communication.

• Act quickly: be aware that the deadlines for CCMA referrals are strict.

• Get help early:  unions, labour offices and the CCMA can guide you.

For help and forms, visit your nearest CCMA office or go to www.ccma.org.za. You also can call the Department of Employment and Labour for guidance on workplace issues.

Knowing your rights at work gives you confidence and helps protect your hard‑earned money and dignity. You do not have to accept unfair treatment in silence.