Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Sectoral DeterminationsSectoral Determination 12 : Forestry Sector, South AfricaPart G : Termination of Employment31. Accommodation, livestock and crops on termination |
| (1) | This clause applies if the employer of a forestry worker terminates the contract of employment of that forestry worker— |
| (a) | before the date on which the employer was entitled to do so in terms of clause 29; or |
| (b) | in terms of clause 30. |
| (2) | If the forestry worker resides in accommodation on the premises of the employer or that is supplied by the employer, the employer is required to provide the forestry worker with accommodation for a period of one month or, if it is a longer period, until the contract of employment could lawfully have been terminated. |
| (3) | A forestry worker who keeps livestock on the land of the employer is entitled to keep that livestock for the period stipulated in the contract of employment or for one month from the date on which the contract of employment was terminated in terms of sub-clause (1). |
| (4) |
| (a) | A forestry worker who has standing crops on the land of the employer is entitled to tend to those crops and harvest and remove them within a reasonable time after they become ready for harvesting, unless the employer pays the forestry worker an agreed amount for the crops. |
| (b) | Paragraph (a) applies in addition to a forestry worker who terminates the contract of employment in accordance with clause 29. |
| (5) | If a forestry worker elects to remain in accommodation in terms of sub-clause (2) after the employer has terminated the forestry worker’s contract of employment in terms of sub-clause (1), the employer may deduct an amount calculated in accordance with clause 10(1)(a) from the amount that the employer is required to pay the forestry worker in terms of clause 30. |