Sections
Home   About Us | Contacts | Services | Media Desk | Tenders | Vacancies
Site Map
Personal tools
You are here: Home Legislation Acts Basic Guides Basic Guide to Termination
     Department of Labour Fraud line-08600 22 194   Public Employment services call centre
 
Document Actions

Basic Guide to Termination

by admin — last modified 2014-02-17 16:29


Certain procedures must be followed when either an employer or worker wishes to terminate employment.

Application

The Basic Conditions of Employment Act applies to all employers and workers, but not -

  • members of the -
    • National Defence Force,
    • National Intelligence Agency, or
    • South African Secret Service; or
  • unpaid volunteers working for charity.

The section of the Act that regulate working hours does not apply to:

  • workers in senior management
  • sales staff who travel and regulate their own working hours
  • workers who work less than 24 hours in a month
    • workers who earn in excess of an amount stated in terms of  section 6 (3) of the Act
    • workers engaged in emergency work are excluded from certain provisions.

See

Notice of Termination

Notice must be given in writing, except when it is given by an illiterate worker.

Based on Legislation in Section 37, of the Basic Conditions of Employment Act

Notice Period

Worker employed for…

Notice Period

6 months or less

1 week

More than 6 months, but less than 1 year

2 weeks

1 year or more

4 weeks *

* A collective agreement may reduce the 4 week notice period to not less than 2 weeks.

Based on Legislation in Section 37, of the Basic Conditions of Employment Act

Pay Instead of Notice

Employers may decide to waive the notice period, but the worker must still be paid for the notice period.

Based on Legislation in Section 38, of the Basic Conditions of Employment Act

Notice and Accommodation

Workers who live on the premises of the employer may stay in the accommodation for 1 month if the employer ends the contract of employment prematurely.

Based on Legislation in Section 39, of the Basic Conditions of Employment Act

Severance Pay

Retrenched workers (dismissed due to employer’s operational requirements or insolvency) are entitled to 1 week’s pay for every year of service.

Based on Legislation in Section 41, of the Basic Conditions of Employment Act

Certificate of Service

On termination of employment, workers are entitled to a certificate of service.

Based on Legislation in Section 42, of the Basic Conditions of Employment Act

Unfair Dismissal

Workers who feel they have been unfairly dismissed should contact the CCMA.

Based on Legislation in Section 37, of the Basic Conditions of Employment Act


Related Links






Copyright ©2014 The South African Department of Labour:
Home | Disclaimer | PAIA | Privacy PolicyWebmaster