| 19.1 |
An employer or employee, other than a casual employee, who wishes to terminate the contract of employment shall be obliged to give the following period of notice: |
| 19.1.1 |
24 (twenty-four) hours" notice within the first month of employment; |
Note: Within the first two weeks of employment, no disciplinary procedures are to be followed by the employer; thereafter normal procedures as per the relevant Acts must be followed by the Employer.
| 19.1.2 |
six working days" notice if the employee has been employed for a period longer than one month and less than six months; and thereafter |
| 19.1.3 |
12 working days" notice, if the employee has been employed for longer than six months. |
| 19.2 |
An employer may at any time terminate the contract subject to chapter VIII of the Labour Relations Act, No. 66 of 1995, by paying the employee in lieu of notice not less than— |
| 19.2.1 |
24 (twenty-four) hours" remuneration or basic salary or wages if the employee has been employed for a period of 1 month or less; |
| 19.2.2 |
six days" remuneration or basic salary or wages if the employee has been employed for a period longer than one month and less than six months; or |
| 19.2.3 |
12 days" remuneration or basic salary or wages if the employee has been employed for longer than six months; or |
| 19.2.4 |
in the case of an employee who is employed on a commission only structure, notice pay, in terms of clause 19.2.1 to 19.2.3, shall be calculated as follows: |
| 19.2.4.1 |
in accordance with the Remuneration/Basic Salary/Wage Schedule for that area; plus |
| 19.2.4.2 |
20% of their Average PSC (Personal Services Commission) earned in the past 12 months. |
| 19.3 |
An employee may at any time terminate the contract without written notice by paying or forfeiting to the employer, in lieu of notice, not less than— |
| 19.3.1 |
24 (twenty-four) hours" remuneration or basic salary or wages if the employee has been employed for a period of one month or less; |
| 19.3.2 |
six days" remuneration or basic salary or wages if the employee has been employed for a period longer than one month and less than six months; or |
| 19.3.3 |
12 days" remuneration or basic salary or wages if the employee has been employed for longer than six months; or |
| 19.3.4 |
in the case of an employee who is employed on a commission only structure, notice pay, in terms of clause 19.3.1 to 19.3.3, shall be calculated: |
| 19.3.4.1 |
in accordance with the Remuneration/Basic Salary/Wage Schedule for that area; plus |
| 19.3.4.2 |
20% of their Average PSC (Personal Services Commission) earned in the past 12 months. |
| 19.4 |
Nothing contained in this clause shall affect— |
| 19.4.1 |
the right of the employer or employee to terminate the contract without notice for any cause recognised by law as sufficient; |
| 19.4.2 |
any written agreement between an employer and employee which provides for a period of notice longer than that which is prescribed; |
| 19.4.3 |
the operation of any forfeitures or penalties which by law may be applicable in respect of an employee who is absent from work without permission for more than six consecutive working days of employment, which shall then be deemed to be desertion; |
| 19.4.4 |
the right of an employee to claim that he has been unfairly dismissed. |
| 19.5 |
An employer may not terminate the services of an employee during the employee"s absence from work owing to illness, providing that— |
| 19.5.1 |
the employer was notified within two working days of the commencement of the illness; and |
| 19.5.2 |
a medical certificate explaining the reason for the absence from work is given to the employer on the employee"s return to work. |
| 19.6 |
The notice period may not run concurrently with, and shall not be given during, an employee/s" absence for annual leave, sick leave, or maternity leave. |
Copyright Act, 1978
