Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Sectoral DeterminationsSectoral Determination 4 : Clothing and Knitting Sector, South Africa20. Termination of contract of employment |
| (1) | Despite clause 3(2), an employer or an employee who desires to terminate the contract of employment, shall give— |
| (a) | during the first four weeks of employment, not less than one week’s notice; |
| (b) | after the first four weeks but not more than one year of employment, not less than two week’s notice of termination of contract; |
| (c) | After one year of employment not less than four weeks’ notice. |
| (2) | The notice of termination of a contract of employment must be given in writing except when it is given by an employee who is not able to write. |
| (3) | Where a notice of termination is given to an employee who is unable to read and understand it, the employer must arrange that the notice is explained to the employee in a language that the employee reasonably understands. |
| (4) | An employer or an employee may terminate the contract of employment without notice by paying the employee or paying the employer, as the case may be, in lieu of such notice not less than in the case of— |
| (a) | one week’s notice, the weekly wage the employee is receiving at the time of such termination; |
| (b) | two weeks’ notice, the wages the employee is entitled to in the two weeks. |
| (c) | four weeks’ notice, the wages the employee is entitled to in the four weeks: Provided that this shall not affect— |
| (i) | the right of an employer or an employee to terminate the contract without notice for any cause recognised by law as sufficient; |
| (ii) | any collective agreement which provides for a period of notice of equal duration on both sides shorter than that provided for in this clause; |
| (iii) | the right of a dismissed employee to dispute the lawfulness or fairness of the dismissal in terms of the Labour Relations Act, 1995 or any other law. |
| (5) | Where there is an agreement in terms of proviso (ii) to subclause (4), the payment in lieu of notice shall be commensurate with the period of notice agreed upon. |
| (6) | The notice referred to in subclause (1) shall be given on a work-day: Provided that the period of notice shall not run concurrently with nor shall notice be given during an employee’s absence— |
| (a) | on leave in terms of clause 13; |
| (b) | on sick leave in terms of clause 14(2); |
| (c) | owing to incapacity in the circumstances set out in clause 14(8)(b) or (c), amounting in the aggregate to not more than 15 weeks in a period of 12 months; |
| (d) | on maternity leave in terms of clause 15. |