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

Notices

Bargaining Council for the Metal and Engineering Industries

Extension of the Consolidated Main Collective Agreement to Non-parties (for the period 1 July 2021 to 30 June 2024)

Part I

18. Termination of Employment
Purchase cart Previous page Return to chapter overview Next page

 

Note:The periods of notice in respect of retrenched employees are set out in Annexure A of this Agreement

 

1.A contract of employment terminable at the instance of the employer or the employee may be terminated by providing the following notice periods:
(a)if the employee has been employed for six months or less with the same employer: One week's notice
(b)if the employee has been employed for more than six months but not more than one year with the same employer: Two weeks' notice.
(c)if the employee has been employed for more than one year with the same employer: Four weeks' notice

 

2.Provided that this shall not affect—
(a)The right of an employer or employee to terminate a contract of service without notice for any good cause recognized by law as sufficient;
(b)Any agreement between an employer and employee providing for a longer period of notice than the periods referred to in subclause 1(a), (b) and (c) above.

 

3.Provided further that an employer may pay to an employee wages for and in lieu of the prescribed or agreed period of notice.

 

4.Whenever the contract of service is terminated by the notice period referred to in subclauses 1(a), (b), (c) or 2(b) above and the employee fails to give notice or to work such notice period, the employer may deduct pay in lieu of such notice period in the establishment concerned.

 

5.For the purposes of this clause, “week” shall be a week consisting of the ordinary hours of work as referred to in clause 4(1)(a)(i) and (ii) of this Agreement.  Notice must be given on the first day at the commencement of the working week for the employee.

 

6.The termination of employment by an employer on notice in terms of the Main Agreement does not prevent employee challenging the fairness or lawfulness of the termination or dismissal.