12 Dec Know Your Rights: What payments are due to employee on termination?

Know Your Rights:

What payments are due to employees on termination?

Payments on termination of Employment

On termination of employment, an employer must pay an employee—

(a) for any paid time off that the employee is entitled to in terms of section 10 (3) or 16 (3) that the employee has not taken;

(b) remuneration calculated in accordance with section 21 (1) for any period of annual leave due in terms of section 20 (2) that the employee has not taken; and

(c) if the employee has been in employment longer than four months, in respect of the employee’s annual leave entitlement during an incomplete annual leave cycle as defined in section 20 (1)—

(i) one day’s remuneration in respect of every 17 days on which the employee worked or was entitled to be paid; or

(ii) remuneration calculated on any basis that is at least as favourable to the employee as that calculated in terms of subparagraph (i).

(You can download a full copy of the Act Basic Conditions of Employment Act No  here)

Disclaimer: RESOURCE recruitment is not a Labour Consultancy and is not giving Labour Advice.  The above information is freely available on the Department of Labour and CCMA website, and any legal advice should be sought from a legal professional.