South African Council for Educators Act, 2000
R 385
Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesNational Bargaining Council for the Road Freight and Logistics Industry (NBCRFLI)Main Collective AgreementPart 6 : Termination of Employment40. Notice and payment in lieu of notice |
| (1) | Subject to subclause (2), an employer or an employee, other than a relief employee or a temporary employee of a temporary employment service, may terminate the contract of employment on notice of not less than— |
| (a) | one week, if the employee has been employed for 26 weeks or less; |
| (b) | two weeks, if the employee has been employed for more than 26 weeks but not more than 52 weeks; |
| (c) | four weeks, if the employee has been employed for more than 52 weeks. |
| (2) | In lieu of notice— |
| (a) | an employer may pay the employee the remuneration the employee would have received if the employee had worked during the notice period; |
| (b) | an employee may agree to forfeit or pay the amount the employee would have received had the employee worked during the notice period. |
| (3) | Notice of termination of employment must be in writing in the form of Annexure A7. |
| (4) | Nothing contained in this clause affects— |
| (a) | the right of an employer or an employee to terminate the contract of employment without notice for any cause recognised by law as sufficient; or |
| (b) | any agreement between an employer and an employee that provides for a longer period of notice than the periods stipulated in subclause (1), provided that— |
| (i) | the notice required to be given by the employer and the employee must be of equal duration; |
| (ii) | payment in lieu of notice must be of equivalent value to the notice period stipulated in the agreement. |
