Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Furniture Manufacturing IndustryWestern CapeExtension to non-parties of the Main Collective AgreementPart lB - Terms and conditions of employmentClause 21 - Termination of employment |
| (1) | Subject to sub-clause (4) hereof, a contract of employment terminable at the instance of a party to the contract may be terminated only 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 but not more than one year; |
| (c) | four weeks, if the Employee has been employed for one year or more. |
| (2) | Notice of termination of a contract of employment must be given in writing:— |
| (a) | except when it is given by an illiterate Employee; |
| (b) | if an Employee who receives notice of termination is not able to understand it, the notice must be explained orally by, or on behalf of, the Employer to the Employee in an official language the Employee reasonably understands. |
| (3) | Notice of termination of a contract of employment given by an Employer must:— |
| (a) | not run concurrently with any period of leave to which the Employee is entitled in terms of clause (30), except sick leave. |
| (4) | Payment instead of notice:— |
| (a) | Instead of giving an Employee notice in terms of sub-clause (1), an Employer may pay the Employee the remuneration the Employee would have received, calculated in accordance with this agreement, if the Employee had worked during the notice period. |
| (b) | If an Employee gives notice of termination of employment, and the Employer waives any part of the notice, the Employer must pay the remuneration referred to in sub-clause (4)(a), unless the Employer and Employee agree otherwise in writing. |
| (c) | If an Employee fails to give and/or work out their required notice, as per sub-clause (1) hereof, the Employer may claim notice pay from the Employee's annual leave and/or bonus. |
| (5) | Nothing in this clause affects the right:— |
| (a) | of a dismissed Employee to dispute the lawfulness or fairness of the dismissal in terms of Chapter VIII of the Labour Relations Act, 66 of 1995, or any other law; and |
| (b) | of an Employer or an Employee to terminate a contract of employment without notice for any cause recognised by law. |