Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Civil Engineering IndustryBCCEI : Renewal of Period of Operation of the Conditions of Employment Collective AgreementChapter 4 : Regulations for Contract of Employment4.1. Termination of contract of employment |
| 4.1.1 | An employer or an employee, who wishes to terminate the contract of employment, shall give notice of termination of not less than: |
| (a) | One week, if the employee has been employed for six months or less; |
| (b) | Two weeks,if the employee has been employed for more than six months but not more than one year; |
| (c) | Four weeks, if the employee has been employed for more than one year. |
| 4.1.2 | An employer may terminate a contract without notice by paying the employee, in lieu of such notice, not less than the remuneration the employee would have received, in terms of sub-clause 4.1.1 above, if the employee had worked during the notice period, |
| 4.1.3 | The provisions of sub-clause 4.1.2 above shall not affect the operation of any forfeitures or penalties that by law may be applicable in respect of an employee who is absent without leave or has absconded or deserted. |
| 4.1.4 | Where the wage of an employee at the date of termination has been reduced by deductions in respect of short-time, the employer is obliged to pay the employee in lieu of notice as if no reduction has been made in respect of short-time. |
| 4.1.5 | The notice prescribed in sub-clause 4.1.1 may be given on any work-day: Provided that the period of notice shall not run concurrently with nor shall notice be given during an employee's absence— |
| (a) | on leave in terms of clause 3.1 |
| (b) | on sick leave in terms of clause 3.2 |
| (c) | owing to incapacity as defined in 3.2 above amounting in the aggregate to not more than 10 weeks in any period of 12 months. |