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

Sectoral Determinations

Sectoral Determination 14 : Hospitality Sector, South Africa

Part G : Termination of Employment

26. Payments on termination


(1) On termination of employment, an employer must pay an employee all monies due to the employee including—
(a) any remuneration that has not been paid;
(b) any paid time off that the employee is entitled to in terms of clause 11(2) or 14(3) that the employee has not taken;
(c) remuneration calculated in accordance with clause 19(9) for any period of annual leave due in terms of clause 19(1) that the employee has not taken; and
(d) if the employee has been in employment longer than four months, in respect of the employee's annual leave entitlement during an incomplete annual leave cycle as defined in section 19(1)—
(i) one day's remuneration in respect of every 17 days on which the employee worked or was entitled to be paid; or
(ii) remuneration calculated on any basis that is at least as favourable to the employee as that calculated in terms of subparagraph (i).