My Stipend Has Not Been Paid: What You Can Actually Do

What the law says your minimum learnership allowance is, what may lawfully be deducted, and the exact order to escalate a non-payment complaint — employer, SETA, Department of Employment and Labour, CCMA.

By SetaJobs Editorial·

Late or missing stipends are one of the most common complaints from learners in South Africa, and one of the least understood. You are not powerless, and you are not asking for a favour — payment is a legal obligation. Here is what you are owed and how to enforce it.

First, know what you are legally owed

Learners on registered learnerships fall under Sectoral Determination 5: Learnerships. It sets your allowance in two ways at once, and the higher of the two applies.

1. As a percentage of the "qualified wage". The qualified wage is what the employer would pay you once you hold the qualification. Your allowance is a percentage of that figure, and the percentage climbs as you earn credits.

2. As a hard minimum per week, no matter what the percentage works out to.

The determination's Table A sets both:

Exit levelCredits earned% of qualified wageMinimum per week
NQF 1 or 20–12035%R120.00
NQF 1 or 2121–24069%R240.00
NQF 30–12017%R120.00
NQF 3121–24040%R226.00
NQF 3241–36053%R370.00
NQF 40–12013%R120.00
NQF 4121–24025%R240.00
NQF 4241–36053%R370.00
NQF 4361–48056%R540.00
NQF 5–80–1208%R120.00
NQF 5–8121–24018%R260.00
NQF 5–8241–36027%R389.00
NQF 5–8361–48038%R548.00
NQF 5–8481–60049%R700.00

Your monthly allowance is four and one-third times the weekly figure.

Read that table as a floor, not a going rate. Those weekly minimums are very old and sit far below what employers actually advertise. On our own live listings the median learnership stipend is several thousand rand a month — you can see the current figures, broken down by sector and province, on our stipend benchmarks page. If an employer is offering near the Table A minimum, that is lawful but well below the market.

What may lawfully be deducted

Very little. Your employer may not deduct anything unless you agreed in writing to that specific debt, or the deduction is required by law, a collective agreement, a court order or an arbitration award.

If the deduction is for loss or damage, all four of these must be true: the loss happened at work and was your fault; you were given a fair opportunity to explain why it should not be deducted; the amount does not exceed the actual loss; and the total does not exceed one quarter of your allowance.

Charges for "training", "administration", "uniforms" or "placement" taken off your stipend without your written agreement do not meet that test.

The escalation ladder — in this order

Work down the list. Each step builds the paper trail the next one needs.

Step 1 — Ask in writing, and keep the proof. Email or WhatsApp your supervisor and the training provider. State the amount, the period it covers and the date it was due. A verbal complaint leaves no record; a written one does. Keep every payslip, your signed agreement and your attendance register.

Step 2 — Go to the SETA that registered your agreement. This is the step most learners skip, and it is often the fastest. The SETA registered the learnership and in many cases disburses the funding. They can apply real pressure on an employer or provider, and a pattern of complaints affects future funding. Quote your learnership registration number.

Step 3 — Lodge a complaint with the Department of Employment and Labour. Sectoral Determination 5 is made under the Basic Conditions of Employment Act, which labour inspectors enforce. Take your documents to your nearest Labour Centre and ask to lodge a complaint about non-payment. There is no charge.

Step 4 — Refer the dispute to the CCMA. The determination provides for this directly: a party may refer a dispute to the CCMA using Form 7.11, published under the Labour Relations Act 66 of 1995. You must satisfy the CCMA that a copy of the referral was served on the other parties. The CCMA is free to use and you do not need a lawyer.

What not to do

Do not stop attending. Frustrating as it is, walking off the programme can turn a clear-cut non-payment complaint into a dispute about your conduct, and it puts your credits at risk.

Do not accept "the SETA has not paid us yet" indefinitely. It is sometimes true, and it is still not your problem to absorb — the employer's obligation to pay you does not depend on when their funding lands.

Do not sign a document acknowledging you were paid when you were not. Ever.

Frequently asked questions

Is a stipend a wage? Legally it is an allowance under Sectoral Determination 5, but the obligation to pay it is just as enforceable, and it must be paid in money, into an account you nominate, at regular intervals.

How late is "late"? Payment is due on the interval in your agreement — daily, weekly, fortnightly or monthly. One day past that date is late.

Can they pay me in vouchers or airtime? No. The determination requires payment in South African currency, in cash, by cheque, or by direct deposit.

Does this apply to internships too? Sectoral Determination 5 covers registered learnerships. Internships are usually governed by your contract and the general provisions of the Basic Conditions of Employment Act, so check what your contract says — the escalation ladder still broadly applies.

Will complaining get me removed? Termination is restricted — see The Learnership Agreement for the only lawful grounds, and note that a dispute about termination can itself go to the CCMA.

Found this helpful? Share it:

Share:

More Guides