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Amended Basic Conditions of Employment Act
39. Employees in accommodation provided by employers
as amended by the
Basic Conditions of Employment Amendment Act, 2002, Contract Cleaning Wage increase, and Domestic workers wage increase 1 Dec 2007
Chapter 5 : Termination of employment
39. Employees in accommodation provided by employers
(1) If the employer of an employee who resides in accommodation that is situated on the premises of the employer or that is supplied by the employer terminates the contract of employment of that employee—
(a) before the date on which the employer was entitled to do so in terms of section 37; or
(b) in terms of section 38, the employer is required to provide the employee with accommodation for a period of one month, or if it is a longer period, until the contract of employment could lawfully have been terminated.
(2) If an employee elects to remain in accommodation in terms of subsection (1) after the employer has terminated the employee’s contract of employment in terms of section 38, the remuneration that the employer is required to pay in terms of section 38 is reduced by that portion of the remuneration that represents the agreed value of the accommodation for the period that the employee remains in the accommodation.
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