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Basic Guide to Termination
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Certain procedures must be followed when either an employer or
worker wishes to terminate employment.
ApplicationThe Basic Conditions of Employment Act applies to all employers and workers, but not -
The section of the Act that regulate working hours does not apply to:
See
Notice of TerminationNotice 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
Based on Legislation in Section 37, of the Basic Conditions of Employment Act Pay Instead of NoticeEmployers 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 AccommodationWorkers 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 PayRetrenched 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 ServiceOn 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 DismissalWorkers 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
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