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Basic Guide to Termination (Private Security Sector)

by Zopedol — last modified 2007-11-28 16:21
Certain procedures must be followed when either an employer or worker wishes to terminate employment.

Application

Sectoral Determination 6 applies to all employers and private security workers who are associated with guarding and protecting -
  • fixed property,
  • premises,
  • goods,
  • people, or
  • workers.
This includes those monitoring and responding to alarms.
 
The determination does not apply to workers who are –
  • managers; or
  • covered by another –
    • sectoral determination, or
    • bargaining council agreement.

The Basic Conditions of Employment Act applies in respect of any matter not covered by this sectoral determination.

See

Notice of Termination

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

Notice Period

Worker employed for…

Notice Period

4 weeks or less

1 week

More than 4 weeks, less than 1 year

2 weeks

1 year or more

4 weeks

 

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.

Severance Pay

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 -
  • worker’s full name
  • name and address of the employer
  • date of commencement and termination of employment
  • title of job and brief description of work
  • any relevant training received
  • pay received at termination
  • reason for termination (if requested by the worker)

Unfair Dismissal

Workers who feel they have been unfairly dismissed should consult the Labour Relations Act.

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