Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Furniture Manufacturing IndustrySouth Western DistrictsMain Collective AgreementPart lB. Terms and Conditions of Employment29. Termination of Employment |
| (1) | Subject to subclause (4) hereof, a contract of employment may be terminated by either party giving notice of not less than:— |
| (a) | 24 hours, if the employee has been employed for thirteen (13) weeks or less; |
| (b) | two weeks, if the employee has been employed for more than thirteen weeks, but not more than fifty two (52) weeks; |
| (c) | four weeks, if the employee has been employed for more than fifty two (52) weeks |
(2)
| (a) | Notice of termination of a contract of employment shall be given in writing, except when it is given by an illiterate employee in which case it shall be given in the presence of a fellow employee or witness. |
| (b) | If an employee receives notice of termination of employment and is not able to understand such notice, the notice shall be explained orally by, or on behalf of, the employer to the employee in an official language the employee reasonably understands. |
| (3) | Notice of termination of a contract of employment given by an employer shall:— |
| (a) | not be given during any period of leave to which the employee is entitled in terms of clause 45(3)(a); and |
| (b) | not run concurrently with any period of leave to which the employee is entitled in terms of clause 45(3)(a), except in the case of sick leave. |
| (4) | PAYMENT INSTEAD OF NOTICE |
| (a) | Instead of giving an employee notice in terms of subclause (1), an employer may pay the employee the remuneration the employee would have receive, calculated in accordance with this Agreement, if the employee had worked during the notice period. |
| (b) | If an employer gives notice of termination of employment and the employer waives any part of the notice, the employer shall pay the remuneration referred to in subclause (4)(a), unless the employer and the employee have agreed otherwise in writing. |
| (c) | If an employee fails to give an employer notice of termination and fails to work out notice in terms of subclause (1), an employer may claim such notice pay from the employee's Holiday and Bonus Fund. |
| (5) | Nothing in this clause affects the right:— |
| (a) | of a dismissed employee to dispute the lawfulness or fairness of the dismissal in accordance with Chapter VIII of the Labour Relations Act, 1995, or any other law; and |
| (b) | of an employer or an employee to terminate a contract of employment without notice for any cause recognized by law. |