Labour Relations Act, 1995 (Act No. 66 of 1995)

Notices

Bargaining Council for the Civil Engineering Industry

BCCEI: Conditions of Employment Collective Agreement

Extension of Conditions of Employment Consolidated Collective Agreement to Non-parties

Chapter 4 - Regulations for Contract of Employment

4.5 Severance Pay
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4.5.1For the purpose of this clause, "operational requirements" means requirements based on the economic, technological, structural or similar needs of any employer.

 

4.5.2An employer must pay an employee who is dismissed for reasons based on the employer's operational requirements severance pay equal to at least one week's remuneration for each completed year of continuous service with that employer for the first eight years of service, and, two weeks remuneration for every completed year of continuous service from year nine onwards by that employee, calculated in accordance with clause 6.1 of this agreement. Current company arrangements in regard to severance pay, that are more favourable, will not be affected by this sub-clause.

 

4.5.3An employee who unreasonably refuses to accept the employer's offer of alternate employment with that employer or any other employer is not entitled to severance pay in terms of sub-clause 4.5.2 above.

 

4.5.4The payment of severance pay in compliance with this clause does not affect an employee's right to any other amount payable according to law.

 

4.5.5Notification to the Council:
(a)An employer must notify the Council when contemplating termination of employment of one or more employees for reasons related to its operational requirements.
(b)Once the affected employee/s services have been terminated, the employer must, within 30 days of such termination, inform the bargaining council, in writing, of the number and occupational categories of the employee/s that have been retrenched

 

4.5.6On completion of a limited duration contract the employer shall pay the employee a completion gratuity of one week's basic wages per completed year of service.