Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Hairdressing, Cosmetology, Beauty and Skincare Industry (Pretoria)Main Collective Agreement17. Termination of Service |
| (1) | Subject to— |
| (a) | the right of an employer or an employee to terminate employment without notice for any good cause legally recognized as sufficient; or |
| (b) | the provisions of any written agreement between employer and employee stipulating a period of notice shorter than that provided for herein, but not in excess of what is provided herein, having regard to the definitions of unfair labour practice as contained in the Act, an employer or his employee shall give; |
| (i) | 24 hours written notice to terminate the contract of employment within the first month of employment. |
| (ii) | one week written notice to terminate the contract of employment, if the employee has been employed for six months or less; |
| (iii) | two weeks written notice to terminate the contract of employment, if the employee has been employed for more than six months. |
| (2) | Notice shall be in writing except where the employee is illiterate and shall take effect from the working day following the day on which such notice was given. |
| (3) | Notice may not be given while an employee is on leave in terms of clause 12 or absent on sick leave in terms of clause 13. |
| (4) | By mutual written agreement between the employer and employee, the notice period referred to in subclause (1) (b) may be shortened to such period as agreed upon. |
| (5) | In the event of an employer or an employee failing to give notice as provided for in subclause (1) hereof, the employer or employee shall pay or forfeit in lieu thereof an amount equal to the wages that the employee was receiving immediately preceding the termination of the contract of employment: Provided that if an agreement has been entered into in terms of subclause (1) (b), the payment or forfeiture in lieu of notice shall be proportionate to the period of the notice agreed upon, which shall not be in excess of 12 months. |
| (6) | Notwithstanding anything to the contrary in this Agreement, should any money owing by the employer to the employee by way of wages be insufficient to meet the full amount of the forfeiture referred to herein, the employer shall be entitled to recover such amounts from other benefits (if any) that were in process of accrual to such employee at the time of his desertion. |
| (7) | An employer shall pay an employee for and in lieu of the period of notice prescribed or agreed upon in terms of subclause (1). |
| (8) | If the employee"s services are terminated on reasons based on operational requirements an employer shall pay severance pay as follows: |
| (a) | Employees who have worked for one employer or one establishment for a period of up to 5 years continuous service shall be entitled to 1 week"s severance pay for each and every completed year of service. |
| (b) | Employees who have worked for one employer or one establishment for a period of more than 5 years but less than 10 years continuous service shall be entitled to 1.5 week"s severance pay for each and every completed year of service. |
| (c) | Employees who have worked for one employer or one establishment for a period of 10 years and more continuous service shall be entitled to 2 weeks severance pay for each and every completed year of service. |
| (9) | Every employer shall issue a certificate of service to every employee. The certificate shall be in the form of Annexure C to this Agreement. |
| (10) | In addition to the wages payable in terms of sub clause (5) and sub clause (8) above all employees earning personal service commission must be paid 25% of the average personal service commission or prorate thereof earned during the preceding 12 months when calculating notice pay and severance pay. |