Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Laundry Cleaning and Dyeing IndustryKwa Zulu NatalExtension to Non-Parties of the Main Collective AgreementPart F : Termination of Employment29. Termination of Employment |
29.1 | An employer or employee who wants to terminate the contract of employment during the first four weeks of employment must give at least one week's notice or pay one week's wages. |
29.2 | An employer or employee who wants to terminate the contract of employment after the first four weeks but not more than one year of employment must give at least two week's written notice or pay two weeks' wages. |
29.3 | An employer or employee who wants to terminate the contract of employment after the first year of employment must give at least four weeks' written notice or pay four weeks' wages. |
29.4 | Notice of terminations must— |
(a) | be given in writing; |
(b) | not be given during any period of annual or sick leave; |
(c) | not run concurrently with any period of annual or sick leave |
29.5 | If an employee fails to adhere to the provisions in this clause then an employer may deduct from any money the employer owes the employee, the employee's basic hourly wage for every hour of notice not worked. |
29.6 | Nothing in this clause affects the right of an employer or an employee to terminate a contract of employment without notice for any cause recognised in law; or the right of an employee put on short time for more than a week to leave without giving notice. |
29.7 | The employer must notify the Council of any termination of service. |
29.8 | An employee who stays away from work for not less than seven consecutive working days without advising his employer of the reason for his absence, will be deemed to be a deserter and will give up his right of notice. |
29.9 | An employer must obtain a receipt for all moneys paid to an employee on termination of his service. |
29.10 | No notice may be given, or summary dismissal take place until a disciplinary measure, until a hearing has been conducted; and no hearing may take place until the employee has— |
(a) | been informed of the nature of the offence and the details of the charge; |
(b) | received not less than 24 hours' notice of the hearing; |
(c) | been advised that he may appoint a representative, call witnesses and request an interpreter. |
29.11 | An employer must, on termination of service, give an employee, other than a casual employee, a certificate of service |