Can my employer withhold or delay my salary without giving a reason?
Community discussion
Raphael
An employer is required to pay wages earned for work done. The saalary is ordinarily due at the end of each month unless the contract provides otherwise. A delay or withholding without a lawful basis may breach the Employment Act, 2007.
Section 17 requires an employer to pay the full wages earned or payable directly to the employee, subject to the Act. Section 18 sets when wages fall due. Casual employees are generally paid daily. Employees engaged for more than one month are paid at the end of each month or part of a month.
An employer may make deductions only on grounds listed in section 19. These deductions include statutory deductions, agreed contributions, loan repayments, overpayments or deductions for unauthorised absence. Please note that total deductions at one time generally must not exceed two-thirds of wages.
Section 20 of the Employment Act requires a written pay statement showing gross pay, deductions and their purposes, and how the net pay was paid. Casual, short tem or piece-rate engagements are exempted from tjis requirement.
If your payment has been delayed, write to your Human Resource Manager or Line Manager, state the unpaid month or amount, ask for the payment date and request written particulars of any deduction or alleged reason for withholding the pay.