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

Sectoral Determinations

Sectoral Determination 13 : Farm Worker Sector, South Africa

Part G : Termination of Employment

26. Termination of employment


(1) A contract of employment terminable at the instance of a party to the contract may be terminated only on notice of not less than—
(a) one week if the farm worker has been employed for six months or less;
(b) four weeks, if the farm worker has been employed for more than six months.


(2) The employer and farm worker may agree to a longer notice period, but the agreement may not require or permit a farm worker to give a period of notice longer than that required of the employer.


(a) Notice of termination of contract of employment must be given in writing except when it is given by an illiterate farm worker.
(b) If a farm worker who receives notice of termination is not able to understand it, the notice must be explained orally by, or on behalf of, the employer to the farm worker in an official language the farm worker reasonably understands.


(4) Notice of termination of a contract of employment given by an employer must—
(a) not be given during any period of leave to which the farm worker is entitled in terms of clause 21.
(b) not run concurrently with any period of leave to which the farm worker is entitled in terms of this determination, except sick Ieave.


(5) Nothing in this clause affects the right—
(a) of a dismissed farm worker to dispute the lawfulness or fairness of the dismissal in terms of Chapter VIII of the Labour Relations Act, 1995, or any other law; and
(b) of an employer or a farm worker to terminate a contract of employment without notice for any cause recognized by law.


(6) Nothing in clauses 26, 27, 28 and clause 29 of this determination affects the rights of farm workers accrued in terms of any land reform processes. 7



7 The Land Reform (Labour Tenancy) Act No. 3 of 1996, Extension of Security of Tenure Act No. 62 of 1997