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Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)

Sectoral Determinations

Sectoral Determination 1 : Contract Cleaning Sector, South Africa

23. Termination of Employment

 

(1) Subject to the provisions of the Labour Relations Act of 1995 an employer or an employee, who desires to terminate the contract of employment, shall give notice in writing, except when it is given by an illiterate employee—
(a) during the first four weeks of employment, not less than one working day’s;
(b) four weeks, if the employee has been employed for more than four weeks.
(c) no agreement may require or permit an employee to give a period of notice longer than that required of the employer.
(d) an employee or employer may terminate the contract without notice by paying the employee or the employer, as the case may be, in lieu of such notice not less than in the case of—
(i) one working day’s notice, the daily wage the employee is receiving at the time of such termination;
(ii) two weeks’ notice, double the weekly wage the employee is receiving at the time of such termination. Provided that this shall not affect—
(aa) the right of an employer or an employee to terminate the contract without notice for any cause recognised by law as sufficient;
(bb) provided further where the wage of an employee at the date of termination has been reduced by deductions in respect of short time, the expression is receiving at the time of such termination" in terms of proviso (ii) of subclause (2)(d) shall, when an employer pays an employee in lieu of notice, be deemed to mean "would have received at the time of such termination had no deduction been made in respect of short-time".

 

(2) The notice prescribed in subclause (1) shall be given on any working day: Provided that—
(a) the period of notice shall not run concurrently with, nor shall notice be given during, an employee’s absence on leave granted in terms of clause 18, or on sick leave granted in terms of clause 19, or owing to incapacity in terms of clause 19(4) where such absences amount in the aggregate to not more than 10 weeks in any period of 12 months’ employment with the same employer; and