| (1) | An employer or employee who wants to terminate the contract of employment shall give no less than one week’s notice in writing. |
| (2) | A contract of employment may be terminated without notice provided that payment in lieu of notice is made by either the employer or employee. |
| (3) | An employee who has been on short-time for more than two full consecutive days may terminate his contract of employment by giving one day’s notice. |
| (4) | An employer may summarily dispense with an employee’s services who is undergoing selection testing within the first 5 days of employment. The employer shall, however, pay the employee as follows: |
| (a) | testing for one day or less - two days’ wages; |
| (b) | testing between one and two days - 3 days’ wages; |
| (c) | testing between 2 and 3 days - 4 days’ wages. |
Thereafter remuneration shall equal the period of time worked, but not exceeding 5 days. For purposes of this clause remuneration shall be calculated on the wage in column B for the operation on which the employee was tested.
| (5) | Notice may not run concurrent with the annual leave period. |
| (6) | An employer and employee may conclude a written agreement which provides for a period of notice longer than this agreement in which case they shall comply with that notice period or payment in lieu of notice. |
| (7) | Nothing in this clause affects the right of an employer or employee to terminate a contract of employment for any reason recognised by law as sufficient. |
| (8) | Where an employee has worked short time for a period in excess of four consecutive weeks, either the employer or employee/s and/or their trade union(s) shall be entitled to consult the other over operational issues, including termination of employment for operational reasons. |
| (1) | Upon leaving the service of an employer, every employee shall be issued with a service certificate by the employer in the form of Annexure A. |
| (2) | The employer shall not be required to issue an employee with a certificate where the employee was engaged for the purpose of selection testing in terms of clause 9.1(4). |
| (3) | Once an employee has received such a certificate he shall, on accepting further employment, produce it to the new employer who shall retain the certificate in safe-keeping while the employee remains in his employment. |
| (4) | An employer shall not engage an employee unless the employee produces his service certificate or a certificate from the Council which states his previous experience, if any. |
| (5) | Every employer shall issue a certificate in the form of Annexure B to the Council in respect of every employee leaving his service. Such certificates shall be numbered consecutively and a copy of each shall be retained by the employer. |
| 9.3. | Rate of pay for Severance Pay |
Despite the rate of pay as prescribed in Annexure D to this agreement, an employee who is retrenched before 30 June 2022, shall have his/her severance pay calculated at the rate of pay as it existed on 30 June 2021 plus an increase of 7.5% on the rate of pay as prescribed for the operation performed.
[Clause 9(9.3) substituted by section 3 of Notice No. R. 1586, GG45617, dated 10 December 2021]
