30 Nov Know Your Rights: Can you receive Payment Instead of Notice?

Know Your Rights:

Can you receive Payment Instead of Notice?

What the Law says:

Chapter 3, Section 22-24 of The Basic Conditions of Employment Act No.75 of 1997, as amended in 2020 is part of the new amendment, and states:

Can you receive Payment Instead of Notice?

Payment instead of notice.

(1) Instead of giving an employee notice in terms of section 37, an employer may pay the employee the remuneration the employee would have received, calculated in accordance with section 35, if the employee had worked during the notice period.

(2)  If an employee gives notice of termination of employment, and the employer waives any part of the notice, the employer must pay the remuneration referred to in subsection (1), unless the employer and employee agree otherwise.

Who does this Chapter Apply to?

The chapter on leave does not apply to an employee who works less than 24 hours a month for an employer and to leave granted in excess of the leave entitlement under this chapter.

Additional Documents from the CCMA

Leave Info Sheet 2021-01

The Department of Labour provides a very comprehensive Contract of Employment Template, which can be downloaded here:-

Sample – Employment Contract

(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.