Basic Guide to Termination (Farm Workers)
Certain procedures must be followed when either an employer or worker wishes to terminate employment.
Sectoral Determination 13: Farm Worker Sector applies to all workers on a farm including -
The sectoral determination does not apply to workers covered by -
The Basic Conditions of Employment Act applies in respect of any matter not covered by this sectoral determination.
Notice of Termination
Notice must be given in writing, except when it is given to an illiterate worker.
An employer and worker may agree to a longer notice period.
Notice of termination may not be given during any period of leave entitled to a worker, except sick leave.
Pay Instead of Notice
Employers may decide to waive the notice period, but the worker must still be paid for the notice period.
Accommodation, Livestock, and Crops on Termination
If an employer terminates the contract of employment before the notice periods given the worker is entitled to -
Payments on Termination
On termination of employment the employer must pay a worker all monies due to the worker such as -
Retrenched workers (dismissed due to employer’s operational requirements or insolvency) are entitled to 1 week’s severance pay for every year of service.
Workers who unreasonably refuse to accept an employer’s offer of alternative employment with that employer or any other employer is not entitled to severance pay.
Certificate of Service
On termination of employment, workers are entitled to a certificate of service
The certificate if service must state-
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