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

Notices

National Bargaining Council for the Electrical Industry of South Africa

Extension of Consolidated Main Collective Agreement to Non-Parties

Part 1: Scope of Application, Definitions, General Terms and Conditions of Employment

25. Termination of Employment and Severance Pay
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(1) A contract of employment terminable at the instance of a party may be terminated 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.

 

(2) Sub-clause (1) shall not affect—
(a) the right of an employer or an employee to terminate a contract of service without notice for any good cause recognised by law as sufficient, and provided that if an employee has been deemed to have absconded the employer must follow a fair procedure recognised by law before deciding whether or not to terminate their contract of employment.
(b) any agreement between an employer and an employee providing for a longer period of notice than that contemplated by sub-clause (1).

 

(3) Instead of giving an employee notice in terms of sub-clause (1) or any agreement, an employer may pay an employee the wages the employee would have earned if the employee had worked during the prescribed or agreed period of notice.

 

(4) Whenever a contract of service is terminable by notice in terms of sub-clause (1)—
(a) if the employee fails to give the notice or to work such notice period, the employer may deduct the wages for the notice period;
(b) if the employer fails to give the notice or to allow the employee to work during the notice period, the employer must pay the employee the wages the employee would have earned if the employee had worked during the period of notice.

 

(5) In the case of a termination as a result of retrenchment, the employer—
(a) must inform the Council at least 14 days prior to notice of retrenchment being given.
(b) the provisions of the Labour Relations Act of 1995 apply for dismissals based on operational requirements.
(c) notwithstanding any other provision in this clause, the employer must give notice to the employee in accordance with sub-clause (1);
(d) must pay any employee who is retrenched, in addition to any other moneys due to him, severance pay of one week's wages for each completed year of service.