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

Notices

Bargaining Council for the Fishing Industry

Extension to Non-parties of the Main Collective Agreement

Section ll : Core Rights

Part I : Termination of Contract of Employment

31. Payment on Termination
Purchase cart Previous page Return to chapter overview Next page

 

31.1. On termination of employment, the employer must pay an employee:
31.1.1. for any paid time off that the employee is entitled to in terms of clause 16 above that the employee has not taken or been paid for;
31.1.2. remuneration calculated in accordance with clause 19 above for any period of annual leave due that the employee has not taken:
31.1.3. notice as contemplated in sub-clause 30.1 above read with subclauses 30.7 and 30.8, calculated in accordance with subclause 31.2 below;
31.1.4. any remuneration due to the employee for work performed, calculated in accordance with subclauses 5.4. above or 31.2 below whichever is the greater; and
31.1.5. severance pay, where applicable in terms of clause 32 below.

 

31.2. The value of any re-imbursement in terms of subclause 30.3 for non-compliance with the required notice periods shall be based on the average remuneration received by the employee for the completed trips in the three (3) month period preceding the date of termination.

 

31.3. On termination of employment an employee is entitled to a certificate of service stating:
31.3.1. the employee's full name;
31.3.2. the name and address of the employer;
31.3.3. the description of the Bargaining Council;
31.3.4. the title of the job as defined in clause 8 above;
31.3.5. the date of termination of his employment; and
31.3.6. if the employment so requests, the reason for termination of employment.