Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Sectoral DeterminationsSectoral Determination 7 : Domestic Worker Sector, South AfricaPart G : Termination of Employment24. Termination of employment |
| (1) | A contract of employment terminable at the instance of a party to the contract may be terminated only on notice of not less than— |
| (a) | one week, if the domestic worker has been employed for six months or less; |
| (b) | four weeks, if the domestic worker has been employed for more than six months. |
| (2) | The employer and domestic worker may agree to a longer notice period but the agreement may not require or permit a domestic worker to give a period of notice longer than that required of the employer. |
| (3) |
| (a) | Notice of termination of contract of employment must be given in writing except when it is given by an illiterate domestic worker; |
| (b) | If a domestic worker who receives notice of termination is not able to understand it, the notice must be explained orally by, or on behalf of, the employer to the domestic worker in an official language the domestic worker reasonably understands. |
| (4) | Notice of termination of a contract of employment given by an employer must— |
| (a) | not be given during any period of leave to which the domestic worker is entitled in terms of clause 17(1); |
| (b) | not run concurrently with any period of leave to which the domestic worker is entitled in terms of this determination, except sick leave. |
| (5) | Nothing in this clause affects the right of— |
| (a) | a dismissed domestic worker to dispute the lawfulness or fairness of the dismissal in terms of Chapter VIII of the Labour Relations Act, 1995, or any other law; and |
| (b) | an employer or a domestic worker to terminate a contract of employment without notice for any cause recognized by law. |
| (6) | Instead of giving a domestic worker notice in terms of this clause, an employer may pay the domestic worker the full pay the domestic worker would have received if the domestic worker had worked during the notice period. |
| (7) | If a domestic worker gives notice of termination of employment, and the employer waives any part of the notice, the employer must pay the full pay referred to in sub-clause (6), unless the employer and domestic worker agree otherwise. |