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Salary payout after resignation – Employment guide

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After resignation in South Africa, an employee should usually receive their final salary, pay for days worked, accrued annual leave and any other contractually owed amounts. The Basic Conditions of Employment Act requires payments due on termination to be made within seven days after the employment contract ends. (South African Government)

What is a salary payout after resignation?

A salary payout after resignation is the final amount an employer pays when an employee leaves voluntarily.

It may include:

It may also include lawful deductions, such as PAYE, UIF, pension contributions, loans or authorised deductions.

What must be paid after resignation?

Salary up to the last day worked

The employer must pay the employee for all days actually worked before employment ends.

If the employee resigns and works their notice period, normal pay should continue until the final day.

Accrued annual leave

Employees are generally entitled to be paid out for accrued statutory annual leave when employment ends. The Department of Employment and Labour’s annual leave guidance confirms that annual leave accrues during each leave cycle. (Department of Labour)

This does not usually include sick leave or family responsibility leave, unless a contract or policy gives extra rights.

Notice pay

If the employer asks the employee not to work the notice period, the employer may need to pay instead of notice.

If the employee resigns without giving proper notice, that may be a breach of contract. However, the employer should be careful about simply deducting notice pay from the final salary without proper legal authority or written consent. Section 34 of the BCEA restricts deductions from remuneration. (Labour Guide South Africa)

Notice periods after resignation

Under the BCEA, minimum notice is generally:

A contract may require a longer notice period, provided it is lawful and fairly applied. (Labour Guide South Africa)

Can an employer withhold final salary?

An employer should not withhold final salary as punishment because an employee resigned.

Deductions generally need to be authorised by law, a court order, an agreement, or written employee consent. This is especially important where an employer wants to recover loans, training costs, damages, equipment costs or short notice. (Labour Guide South Africa)

Common deductions from final pay

Final pay may lawfully include deductions for:

Employers should provide a payslip or final payment breakdown.

What employees should do

Employees should:

If final pay is not made, the employee can follow up in writing and may approach the Department of Employment and Labour, CCMA or Labour Court depending on the issue.

What employers should do

Employers should:

A clear exit process reduces disputes.

FAQ: salary payout after resignation

When must final salary be paid after resignation?

Final payments due on termination should generally be paid within seven days after the employment contract ends. (South African Government)

Do you get paid leave after resignation?

Yes, accrued annual leave is usually paid out when employment ends. Sick leave and family responsibility leave are not normally paid out unless the contract says so.

Can my employer deduct notice pay if I resign immediately?

Not automatically. The employer may have a claim if you breached your notice period, but deductions from salary must comply with the BCEA and usually require legal authority or written consent.

Can an employer refuse to pay because I resigned?

No. Resignation does not remove the employee’s right to be paid for work already done and amounts legally owed.

What if my final salary is wrong?

Ask for a written breakdown first. If the issue is not resolved, you can escalate through internal HR processes, the Department of Employment and Labour, CCMA or legal advice.

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