I started a new job on the 26th August. My contract states that each month I get a basic salary plus a 3% profit share and 10% of the advertising sales.
I explained to my boss that the basic salary would not cover my monthly expenses but he assured me that I would never earn less than R 10 000.00 to start off with (I have this in writing).
I have now found out that the advertising sales commission is only three months in a year and not each month as per my contract. To this date, I have not received any profit share whatsoever.
I have not received a single cent over and above my basic salary. In my first week at the company, I worked two weeks straight without compensation for the overtime.
I tried to speak to my boss but I got a polite "there's nothing I can do about it" answer. Can I take him to the CCMA? What is the process?
Underpayment or non-payment can be referred to the Department of Labour, who will send a labour inspector. The labour inspector will then attempt to persuade your employer to pay your salaries in terms of your contract. Failing this, the inspector can issue a compliance order, which can be made an order of the Labour Court if the employer still fails to pay you.