| (1) |
For the purposes of this clause an employee shall be deemed to be— |
| (a) |
a weekly employee, if his wages are paid weekly; and |
| (b) |
a monthly employee, if his wages are paid otherwise than weekly. |
| (2) |
Subject to the provisions of this clause, an employer or his employee, other than a casual employee, theatre part-time vendor or special function employee, who desires to terminate the contract shall— |
| (a) |
during the first four weeks of employment give not less than one working days' notice; and |
| (b) |
after the first four weeks of employment, in the case of a weekly employee, give one week's notice, and in the case of a monthly employee, two weeks' notice, and after the first completed year of service, four weeks' notice of termination of the contract, and upon such termination of the contract the employer shall pay to the employee not less than— |
| (i) |
in the case of one working days' notice, the daily wage that the employee is receiving at the time of such termination; |
| (ii) |
in the case of a week's notice, the weekly wage that the employee is receiving at the time of such termination; |
| (iii) |
in the case of two weeks' notice, double the weekly wage that the employee is receiving at the time of such termination: |
Provided that an employer or employee may at any time terminate the contract of employment without notice by paying to the employee or paying or forfeiting to the employer, as the case may be, in lieu of such notice an amount of not less than the appropriate wage referred to in subparagraph (i), (ii) or (iii).
| (3) |
The provisions of subclause (2) shall not affect— |
| (a) |
the right of an employer or an employee to terminate the contract without notice for any cause recognised by law as sufficient; |
| (b) |
any written agreement between an employer and his employee that provides for a period of notice of equal duration on both sides and for longer than that specified in subclause (2); or |
| (c) |
the operation of any forfeitures or penalties that by law may be applicable in respect of an employee who deserts. |
| (4) |
Where an agreement referred to in subclause (3)(b) exists, the payment or forfeiture referred to in subclause (2) shall be commensurate with the period of notice agreed upon between the employer and employee. |
| (5) |
The notice specified in subclause (2) shall— |
| (a) |
in the case of a weekly employee, be given on or before the usual pay day of the establishment concerned and shall run from the day after such pay day; and |
| (b) |
in the case of monthly employee, be given on or before the first or the 15th day of a month and shall run from such first or 15th day. |
Provided that—
| (i) |
a period of notice shall not run concurrently with, and notice shall not be given during, an employee's absence on leave granted in terms of clause 13; |
| (ii) |
notice shall not be given during an employee's absence on sick leave in terms of clause 15A; and |
| (iii) |
where only one working days' notice is required to be given, such notice may be given on any working day. |
| (6) |
An employer or his employee, except an illiterate employee, shall give the notice referred to in this clause in writing. |
| (7) |
Dismissals: No dismissal shall take place without a fair hearing or the proper procedures having been followed. |
| (8) |
Severance pay: An employee shall be entitled to one week's severance pay for each completed year of continuous service (12 months) with the same employer in instances where that employee was dismissed for reasons based on the employer's operational requirements, subject to section 189 of the Act. |
| (9) |
An employee who is absent without permission for longer than five consecutive days without informing his employer thereof shall be liable to termination of his employment contract at the discretion of the employer, subject to the correct termination of employment contract procedure having been followed. |
South African Council for Educators Act, 2000
