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

Sectoral Determinations

Sectoral Determination 2 : Civil Engineering Sector, South Africa

23. Termination of contract of employment

 

(1) An employer or an employee, who wishes to terminate the contract of employment, shall give notice of termination of not less than—
(a) one week, if the employee has been employed for four weeks or less;
(b) two weeks, if the employee has been employed for more than four weeks but not more than one year;
(c) four weeks, if the employee has been employed for one year or more.

 

(2) An employer may terminate the contract without notice by, subject to subclauses (3) and (4), paying the employee, in lieu of such notice not less than the remuneration the employee would have received, calculated in accordance with clause 4, if the employee had worked during the notice period.

 

(3) The provision in subclause (2) for notice pay shall not affect the operation of any forfeitures or penalties that by law may be applicable in respect of an employee who deserts.

 

(4) Where the wage of an employee at the date of termination has been reduced by deductions in respect of short-time, the employer is obliged to pay the employee in lieu of notice at a rate as if no deduction has been made in respect of short-time.

 

(5) The notice prescribed in subclause (1) may be given on any work-day: Provided that the period of notice shall not run concurrently with nor shall notice be given during an employee's absence—
(a) on leave in terms of clause 17;
(b) on sick leave in terms of clause 18;
(c) owing to incapacity in terms of circumstances set out in clause 18(8)(b) amounting in the aggregate to not more than 10 weeks in any period of 12 months.