Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Building Industry, Cape of Good HopeExtension of Main Amending Collective Agreement to Non-partiesChapter Eight : Termination of Employment41. Termination of Contract of Employment |
| (1) | An employer or employee who intends terminating a contract of employment shall give the other party at least one week's written notice of termination of such contract, which notice shall be given before 12:00 on any working day, and shall commence as from 08:00 on the following working day if such contract has been for up to six months, continuous employment and two weeks notice if such has been for longer than six months' continuous employment. |
| (2) | Notwithstanding the provisions of sub-clause (1), either party shall be entitled to terminate the contract of employment without notice by making payment in lieu of the required notice. |
| (3) | In the event of an employee's absconding, or not making the appropriate payment in lieu of notice, and where the employer has proven such, the employer shall be entitled to deduct the appropriate notice pay from any moneys due to the employee in terms of the Holiday and Bonus Fund. |
| (4) | Nothing in this sub clause shall affect the right of an employer or employee to terminate a contract of employment without notice. |
| (5) | A contract of employment shall be terminated automatically if an employee is absent from work without the employer's consent for a continuous period of five working days, unless the employee's absence is due to circumstances beyond his control: Provided that the employer shall investigate the absence of the employee and apply fair procedures to determine if the termination is to be made effective. |