Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesNational Bargaining Council for the Hairdressing, Cosmetology, Beauty and Skincare IndustryExtension to Non-parties of the Consolidated Main Collective AgreementTerms and Conditions that will apply nationally23. Termination of Service |
| 23.1 | An Employer or Employee, other than a Casual Employee, who wishes to terminate the Employee's employment with the Employer, shall be obliged to only give the following period of notice: |
| 23.1.1 | 1 (one) calendar days' notice should termination occur during the 1st (first) month of employment; |
| 23.1.2 | 1 (one) week if the Employee has been employed for a period exceeding 1 (one) month but less than 6 (six) months, |
| 23.1.3 | 2 (two) weeks' notice, if the Employee has been employed for a period exceeding 6 (six) months. |
| 23.2 | An Employer may waive the notice period by paying to the Employee in lieu of notice not less than: |
| 23.2.1 | 1 (one) calendar day's remuneration or Basic salary or wages if the Employee has been employed for a period of 1 (one) month or less; |
| 23.2.2 | 1 (one) week remuneration or Basic salary or wages if the Employee has been employed for a period exceeding 1 (one) month but not more than 6 (six) months; |
| 23.2.3 | 2 (two) weeks remuneration or Basic salary or wages if the Employee has been employed for a period exceeding 6 (six) months; or |
| 23.2.4 | in the event of an Employee employed on a commission structure notice pay will, in terms of clause 23.2, be calculated as follows: |
| 23.2.4.1 | in accordance with the Remuneration/Basic Salary/Wage Schedule for that area, if applicable; plus |
| 23.2.4.2 | PSC, calculated in accordance with clause 22. |
| 23.3 | An Employee may terminate his/her employment without written notice by paying to the Employer, in lieu of notice, not less than: |
| 23.3.1 | 1 (one) calendar days' remuneration or Basic salary or wages if the Employee has been employed for a period of 1 (one) month or less; |
| 23.3.2 | 1 (one) week remuneration or Basic salary or wages if the Employee has been employed for a period longer than 1 (one) month but not exceeding 6 (six) months; |
| 23.3.3 | 2 (two) weeks remuneration or Basic salary or wages if the Employee has been employed for more than 6 (six) months. |
| 23.4 | Nothing contained in this clause 23 shall affect: |
| 23.4.1 | the right of the Employer or Employee to terminate the employment without notice for any cause recognised by law as sufficient; |
| 23.4.2 | the right of an Employee to claim that he has been unfairly dismissed. |
| 23.5 | An Employer may not terminate the services of an Employee during the Employee's temporary absence from work due to illness provided that: |
| 23.5.1 | the Employer was notified on the first occasion reasonable possible of the Employee falling ill; and |
| 23.5.2 | a medical certificate explaining the reason for the absence from work is presented to the Employer on the 1st (first) occasion reasonable possible of the Employee falling ill, but no later than on the Employee's return to work. |
| 23.6 | The notice period may not run concurrently with, and shall not be given during, an Employee's temporary absence due to annual leave, or maternity leave. |