South African Council for Educators Act, 2000
R 385
Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesNational Bargaining Council of SA Leather IndustryGeneral Goods and Handbag SectionCollective Agreement10. Termination of Employment |
| (1) | Notice Period |
A contract of employment may be terminated on written notice of not less than:
| (a) | In the case of a new employee on probation, (not to exceed a period of four weeks), the contract can be terminated without notice during the probationay period. |
| (b) | One week, if the employee has been employed for more than 4 weeks, not exceeding 6 months. |
| (c) | Two weeks if the employee is employed for more than 6 months. |
[Clause 10(1) substituted by section 4 of Notice No. R. 1588, GG45617, dated 10 December 2021]
| (2) | Termination Procedures |
Notice of termination must be:—
| (a) | given in writing; |
| (b) | given on or before the day the working week commences; |
| (c) | not given during any period of annual leave. |
| (3) | Holiday Pay payable on termination |
On date of termination of service, the employee must be paid the accrued holiday pay due on such date, as provided for in Clause 8. In the event of an employer terminating the services of an employee or the employee giving notice on account of ill-health or pregnancy during the week in which Good Friday falls, the employee shall be paid, in addition to any accrued holiday pay, two days’ wages in respect of Good Friday and Family Day.
| (4) | Payment in lieu of notice |
The contract of employment may be terminated by either party without notice by making payment of one week’s wages in lieu of notice to either party. In the case of an employee terminating the contract of employment without notice, the employer shall be entitled to deduct monies in lieu of notice from the ordinary weekly remuneration due to the employee.
| (5) | Nothing in Paragraph (1) to (4) shall affect: |
| (a) | the right of the employer or employee to terminate the contract of employment without notice for any cause recognised by law; |
| (b) | a female who commences Maternity Leave; |
| (6) | Service Certificates |
| (1) | Upon termination of contract of service, the employer shall hand to the employee, a service certificate in the form of Annexure AA. |
| (2) | The employer shall forward to the Secretary of the Council, a service certificate in the form of Annexure “B” in respect of every employee who leaves his service. One copy of the service certificate must be retained by the employer. |
| (3) | An employee who has been issued with a service certificate shall, upon accepting further employment in the Industry, hand their certificate to the employer as proof of previous experience. |
| (7) | Retirement |
| (i) | Employees shall retire upon reaching the age of 60 years. |
| (ii) | The retiring employee and the employer shall be entitled to enter into a limited duration contract immediately following retirement for a period not exceeding one year. |
| (iii) | [Clause 10(7)(iii) deleted by section 5 of Notice No. R. 2701, GG47443, dated 4 November 2022] |
