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

Notices

Bargaining Council for the Building Industry, Cape of Good Hope

Extension to Non-parties of the Main Consolidated Collective Agreement

Chapter Eight: Termination of Employment

39. Termination of Contract of Employment
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(1)An employer or employee who intends terminating a contract of employment shall give the other party at least 1 (one) week's written notice of termination of such contract, which notice shall be given before 12:00 on any working day and shall commence as from 08:00 on the following working day if such contract has been for up to 6 (six) months, continuous employment and 2 (two) weeks written notice if such contract has been for longer than 6 (six) months' continuous employment.

 

(2)Instead of giving an employee notice in term of sub clause (1) an employer may pay the employee the remuneration that the employee would have received if the employee had worked during the notice period. If an employee gives notice of termination of employment, and the employer waives any part of the notice, the employer must pay the employee in terms of sub clause (1), unless the employer and employee agree otherwise.

 

(3)In the event of an employee absconding during his notice period and where the employer has proven such,the employer shall be entitled to deduct payment for the days that the employee was required to but did not work during his notice period from any monies due to the employee in terms of the Holiday and Bonus Fund.

 

(4)Nothing in this clause shall affect the right of an employer or employee to terminate a contract of employment without notice for any cause recognised by law.

 

(5)A contract of employment may be terminated if an employee is absent from work without the employer's consent for a continuous period of 5 (five) working days, unless the employee's absence is due to circumstances beyond his control: Provided that the employer shall investigate the absence of the employee and apply fair procedures to determine if the termination is to be made effective.