Withheld Wages: How to Spot Them and Take Action

Having your pay delayed or partially withheld is stressful. If you’re wondering whether your employer can keep part or all of your salary, this guide gives clear, practical steps you can use right now. You’ll learn what counts as lawful withholding, what’s not allowed, and who to contact if you need help.

What counts as withheld wages?

Withheld wages means any pay you expect that doesn’t reach you. Sometimes this is legal: tax, UIF, agreed pension contributions, or a court order can be taken from your pay. Employers can also deduct money you’ve agreed to in writing — for example, a loan repayment expressly set out in your contract.

Illegal withholding is when your employer keeps your pay without a valid reason, without your agreement, or outside what the law allows. Examples include skipping a full month’s salary, keeping a final paycheck, or taking extra money for alleged poor performance without a formal process.

What you should do right now

1. Check your payslip and contract. Look at the payslip for deductions and read your employment contract for any agreed deductions or pay dates. Keep copies of payslips, bank statements, and messages about pay.

2. Ask your employer in writing. Send a short email or message asking why the pay was withheld and when you will be paid. Keep the reply as proof. A calm, written request often clears up mistakes fast.

3. Know allowable deductions. Employers can lawfully deduct for taxes, UIF, pension, or deductions you agreed to. Anything else should be explained in writing.

4. Escalate to a union or shop steward. If you’re a union member, contact them. Unions often resolve pay disputes quicker and will guide next steps.

5. File a complaint with the Department of Labour or CCMA. If your employer won’t pay or gives no valid reason, you can lodge a complaint or refer the dispute to the CCMA. They handle most wage disputes and offer fast, low-cost routes to resolution.

6. Keep records and be prompt. Save all messages, payslips, and evidence of hours worked. Act quickly — there are time limits for some claims, and delays can make recovery harder.

If the issue is serious, consider legal help. Small claims courts, legal aid clinics, and employment lawyers can advise on bigger cases where large sums are owed or where your employer is refusing to cooperate.

Remember: you don’t have to accept unexplained or unlawful pay cuts. Start by checking documents, ask for a written explanation, involve a union or labour office, and keep records. That routine will make it much easier to get the money you’ve earned.

Need more help? Look up your local Department of Labour office or CCMA contact details online, or reach out to a workplace advisor for a quick check of your case.