Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Meat Trade, GautengMain Collective Agreement to Non-Parties15. Termination of Contract of Employment |
| (1) | An employer or an employee who wishes to terminate a contract of employment, shall give:— |
| (a) | one week, if the employee has been employed for six months or less; |
| (b) | two weeks, if the employee has been employed for longer than six months. |
| (2) | Any notice given in terms of subclause (1) does not effect— |
| (a) | the right of an employer or employee to terminate the contract without notice for any cause recognized by law as sufficient; |
| (b) | any written agreement between an employer and his employee which provides for the period of notice to be longer than prescribed in this clause; |
| (c) | the right of an employer to withhold, from moneys owing to the employee, an amount not more than that which the employee would have to pay in lieu of notice, where the employee terminates his employment without notice and the employee shall be deemed to be exonerated in respect of his failure to give the required notice of termination of employment. |
| (3) | Where there is an agreement in terms of subclause 2(b), the payment in lieu of notice shall be the equivalent of the period of notice agreed upon. |
| (4) | Notice as prescribed in subclause (1) may be given on any workday: Provided that— |
| (a) | the period of notice shall not run concurrently with, nor shall notice be given during, an employee's absence on leave granted in terms of clause 11; |
| (b) | if an employee is absent on paid sick leave in terms of clause 12, notice cannot be given if the employees absence is supported by a certificate signed by a registered practitioner confirming the nature and duration of the employees incapacity, and such medical certificate is lodged with the employer within three days of the commencement of such absence and before 14 days has passed since the commencement of such paid sick leave. |