Salary arrears – a clear guide for workers and employers

If you ever saw a blank space where your paycheck should be, you’ve experienced salary arrears. It simply means your employer didn’t pay you on time or missed part of your wages. The result is cash flow stress for you and a legal headache for the business. In this guide we break down why arrears happen, what your rights are, and how to get the money you’re owed without endless paperwork.

Why salary arrears occur

Most arrears are not caused by malice. Small companies often struggle with cash flow, especially after a slow sales month. Larger firms might have payroll glitches, like software errors or wrong employee codes. Sometimes, disputes over overtime, bonuses, or deductions turn into unpaid amounts until the issue is settled.

Another common reason is a change in employment terms that isn’t communicated well. If a new pay structure is introduced and the payroll team misses a step, workers end up waiting for the missing pieces. Whatever the cause, the effect is the same – you’re left without the money you earned.

How to claim back pay

First, talk to your boss or HR department. Most employers want to fix the mistake quickly and will issue a supplemental payment once the error is confirmed. Keep a record of your contract, payslips, and any email confirmations of your salary. These documents act as proof if the conversation stalls.

If the informal route fails, you can file a formal complaint. In South Africa, the Department of Labour handles wage disputes. You’ll need to fill out a complaint form, attach your evidence, and wait for an inspection. The department can order the employer to pay the arrears, plus interest in some cases.

Legal action is the last resort. Consulting a labour lawyer can clarify whether a court case is worth the cost. Many lawyers work on a contingency basis for wage claims, meaning they only get paid if you win.

Don’t forget to check any collective bargaining agreement if you belong to a union. Unions often have dedicated grievance procedures that speed up the payment process.

While you’re waiting for payment, ask your employer for a written repayment schedule. This helps you plan your finances and shows that the employer is committed to fixing the issue.

Finally, protect yourself from future arrears. Keep copies of all salary-related communications, and review your payslip every month. If you notice a discrepancy, raise it immediately – the sooner you act, the easier it is to resolve.

Salary arrears can feel overwhelming, but with the right steps you can get back what you’re owed. Talk to your employer, document everything, and use the labour department or a union if needed. Your paycheck belongs to you, and the law backs that right.