Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Metal and Engineering IndustriesConsolidated 2021/2025 Plastic Industry Main Collective AgreementChapter 627. Termination of Employment |
| (1) | A contract of employment terminable at the instance of the employer or the employee may be terminated only on notice 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; |
| (c) | Four weeks, if the employee has been employed for more than one year with the same employer. |
| (2) | The provisions of sub-clause 1 above 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 sub-clause 1(a), (b) and (c) above. |
| (c) | the Employer's right to recover any notice due from wages, leave or leave enhancement pay in the absence of notice by an employee as required in 1 above. |
| (3) | Notwithstanding the provisions of sub-clause (1) above, 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 sub-clause 1(a) or (b) 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 as provided for in 2(c) above 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 and 2) 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 this Agreement does not prevent employee challenging the fairness or lawfulness of the termination or dismissal. |
| (7) | The services of an employee shall not be terminated on any grounds listed in Section 6 of the Employment Equity Act. |