Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Chapter Five : Termination of employment38. 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. |