My employer has not paid my salary for J...

Asked by TanyaK on 25-02-2020 11:03:28
Question posted in the General Law category relating to Eastern Cape
Question value: R 0.00

My employer has not paid my salary for January. I was told I will get paid once funds become available. I put in my one week resignation and was told to cease work at the end of that business day. 

I was assured all monies owed would be paid before end of February. He also told me i can only get funds once I sign certain documents at lawyers. 

He stated that the contract we signed is also void upon resignation. 

If he does not pay me by month end, what do I do? I am not able to pay my accounts or buy food. CCMA also takes a long time and I know he doesn't want to pay me out the three month package clause that is in my employment contract

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Answer to the Question

Posted by Att. Patrick on 26-02-2020 19:18:07

Hi there,

I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment.

No, your employment contract is not void once you resign. 

Void means that it never existed.

Rather, your employment contract DID exist, you've just terminated it because you resigned. You are still legally entitled to be paid for the time you worked, and leave pay, etc.

You can file a dispute with the CCMA!

Att. Patrick

Please remember this is a dialog if you have follow-up questions please make the required payment, then use the REPLY button and ask your further question. I would like to continue assisting you, but I need to concentrate on people who make payments for their questions.

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