Basic Guide to Termination (Private Security Sector)
Certain procedures must be followed when either an employer or worker wishes to terminate employment.
Sectoral Determination 6 applies to all employers and private security workers who are associated with guarding and protecting -
This includes those monitoring and responding to alarms.
The determination does not apply to workers who are –
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 by an illiterate worker.
A collective agreement may reduce the notice period.
Pay Instead of Notice
Employers may decide to waive the notice period, but the worker must still be paid for the notice period.
Payment on Termination
Employers must pay workers on notification of termination all outstanding monies including hours worked.
Workers who have been employed for 4 months or longer are entitled to be paid for any annual leave not taken.
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 refuse to accept alternative employment with their employer or that with another is not entitled to severance pay.
If there is a dispute regarding the right to severance pay may refer the matter to the CCMA.
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 consult the Labour Relations Act.