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Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)

Sectoral Determinations

Sectoral Determination 12 : Forestry Sector, South Africa

Part G : Termination of Employment

32. Payments on termination


(1) On termination of employment, an employer must pay a forestry worker all monies due to the forestry worker including—
(a) any remuneration that has not been paid;
(b) any payment owing in respect of extended ordinary hours of work in terms of clause 13;
(c) any paid time-off that the forestry worker is entitled to in terms of clause 16 that the forestry worker has not taken;
(d) remuneration calculated in accordance with clause 24(9) for any period of annual leave due in terms of clause 24(1) that the forestry worker has not taken; and
(e) if the forestry worker has been in employment longer than four months, in respect of the forestry worker’s annual leave entitlement during an incomplete annual leave cycle as defined in section 24(1)—
(I) one day’s remuneration in respect of every 17 days on which the forestry worker worked or was entitled to be paid; or
(II) remuneration calculated on any basis that is at least as favourable to the forestry worker as that calculated in terms of subparagraph (i).