| (1) |
When an employer contemplated dismissing one or more employees for reasons based on operational requirements, due regard shall be given to the provisions of Sections 189 and/or 189A of the Act. |
| (2) |
Notice shall be given by the employer or an employee to terminate a contract of employment as set out below: Provided that this shall not affect the right of an employer or employee to terminate a contract of employment without notice for any cause recognised by law as sufficient. |
| (a) |
Notice to be given of not less than: |
| (i) |
one week if the employer has been employed for six months or less; |
| (ii) |
two weeks if the employee has been employed for more than six months, but not more than one year; |
| (iii) |
four weeks if the employee has been employed for one year or more. |
| (b) |
In the event that an employee having been dismissed based on operational requirements (i.e. retrenched), the following terms shall apply: |
| (i) |
employees so affected shall receive first preference, should the positions that they previously occupied with the same employer, be available within a period of six months following the date of their dismissal. |
| (ii) |
upon re-employment as contemplated under sub -clause (b) (i) above, such employees shall not be paid less than the weekly rate of pay applicable as at the date of dismissal. |
| (c) |
Employees being dismissed as provided for in terms of sub-clause (1) above, shall be paid a retrenchment allowance: |
| (i) |
equal to one weeks' normal wages for every completed year of service; |
| (ii) |
In recognition of long service the following is payable in addition to the above |
| - |
10 to twenty years service - one additional weeks normal wages |
| - |
Twenty years service and more - two additional weeks normal wages |
[Part 1 Clause 28(2)(c) substituted by section 6 of Notice No. 601, GG45328 dated 15 October 2021]
| (d) |
Despite the provisions of sub -clause (a), (i), (ii) or (iii) above, in the event that a more favourable notice period is granted by the employer, the more beneficiary notice period shall apply. |
| (e) |
An employer or employee may terminate the contract of employment without notice by: |
| (i) |
paying the employee; or |
| (ii) |
paying or forfeiting to the employer in lieu of notice, an amount not less than the wages the employee would have received in terms of sub-clause (a), (i), (ii), and (iii) above; |
| (iii) |
for such longer period as agreed upon by the employer and employee. |
| (f) |
Notice in terms of this Clause, shall not run concurrently with or shall not be given during— |
| (i) |
The holiday period referred to under Clause 13 and |
| (ii) |
any period of illness not exceeding two weeks in any one year. |
South African Council for Educators Act, 2000
