02 Nov Know Your Rights: What Notice Period Is Due When An Employee Leaves a Job?
Know Your Rights:
Notice Periods
What the Law says:
Chapter 5, Section 37 of The Basic Conditions of Employment Act No.75 of 1997, as amended in 2020 is part of the new amendment, and states:
Notice Periods When Leaving a Job
Notice of termination of employment.
Subject to section 38 of the BCEA, a contract of employment may be ended with no less than the following notice:
(a) one week, if the employee has been employed for six months or less;
(b) two weeks, if the employee has been employed for more than six months but not more than one year;
(c) four weeks, if the employee has been employed for one year or more or is a Farmworker/ domestic worker and has been employed for more than six months.
[Subs. (1) substituted by s. 8 of Act No. 11 of 2002.]
In addition
- No agreement may require or permit an employee to give a period of notice longer than that required of the employer.
- Notice of termination of a contract of employment must be given in writing, except when it is given by an illiterate employee.
- Notice of termination of a contract of employment given by an employer must not be given during any period of leave to which the employee is entitled and not run concurrently with any period of leave to which the employee is entitled, except sick leave.
- Nothing in this section affects the right of a dismissed employee to dispute the lawfulness or fairness of the dismissal.
Who does this Chapter Apply to?
This Chapter does not apply to an employee who works less than 24 hours in a month for an employer.
Additional Documents from the CCMA
Unilateral changes to terms and conditions of employment info sheet 2022-01
Termination of Employment Info Sheet 2018-01
The Department of Labour provides a very comprehensive Contract of Employment Template, which can be downloaded here:-
(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.
