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WCLawyer
WCLawyer, Attorney
Category: South Africa Law
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Experience:  L.LB (UOVS)
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UNPAID EMPLOYEE SALARIES - WHAT INTEREST CHARGE CAN AN EPLOYEE

Resolved Question:

UNPAID EMPLOYEE SALARIES - WHAT INTEREST CHARGE CAN AN EPLOYEE EXPEXT BY LAW
Submitted: 6 months ago.
Category: South Africa Law
Expert:  WCLawyer replied 6 months ago.
Good day and thank you for your question. My name is XXXXX XXXXX X will try and assist you today.

In terms of the Prescribed Rate of Interest Act, you are entitled to 15,5% per annum from the date that the salary is due and payable.

The Basic Conditions of Employment Act says that your salary is due and payable within seven days from the last date of your payment cycle.

I am not sure what else I can advise you on, but if you have follow up questions before you rate, feel free to ask them at no extra cost. If you are satisfied with the service, kindly rate it positively.
WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 14549
Experience: L.LB (UOVS)
WCLawyer and other South Africa Law Specialists are ready to help you
Customer: replied 6 months ago.


Thank you. If the employer does not meet his self imposed deadline to repay you your salary is :



  • that an act of insolvency and

  • can you apply to have the company liquidated and

  • what is the position if one is paid offshore by an Mauritius registered company

  • Regards,

  • Rob

Expert:  WCLawyer replied 6 months ago.
Okay, so this employer is not a South African employer?
Customer: replied 6 months ago.


Apologies about the delay in responding to your query. Before I get to your request for clarification - what is your opinion of the two previous questions - 'act of insolvency and liquidation'?


 


Actually the company that I work for is registered in Mauritius for the purposes of tax efficiency - it has no employees and does not 'operate'. In other words it is a holding company. Sometimes I get paid by this Mauritian holding Co and sometimes from SA, depending on where there are sufficient funds to pay me. To complicate things further I do project work in Mozambique for two Mz registered operating companies that are 'controlled' (from an equity point of view) by the M company.


I suppose the obvious question is what does my letter of appointment say. Well, it has the M company as the employer due to the tax advantages but in reality does not exercise any control over my working life that all comes from SA. Too complicated?

Expert:  WCLawyer replied 6 months ago.
It could be construed as an Act of Insolvency in South Africa. If it is not a South African company, the Insolvency laws applicable in this country is not going to assist you at all, since you would have to apply for their liquidation in Mauritius.

If this company does not have a South African "footprint", taking legal action is going to be difficult because of issues of jurisdiction. If there is a SA registered company that can be said to be a filial of this Mauritian Company, then you can take on this SA registered filial for non-compliance with labour legislation, but whether you can liquidate it based on the debt of the holding company, I cannot say with any degree of certainty, unfortunately.

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