Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)
Sectoral Determination 7 : Domestic Worker Sector, South Africa
Guidelines on Written Particulars of Employment
2. Procedure for termination of employment
Whilst the contract of employment makes provision for termination of employment, it must be understood that the services of an employee may not be terminated unless a valid and fair reason exists and fair procedure is followed. If an employee is dismissed without a valid reason or without a fair procedure, the employee may approach the CCMA for assistance.
Pro-rata leave and severance pay might be payable.
In the event of a domestic worker being unable to return to work due to disability, the employer must investigate the nature of the disability and ascertain whether or not it is permanent or temporary. The employer must try to accommodate the employee as far as possible for example, amending or adapting their duties to suit the disability.
However, in the event of it not being possible for the employer to adapt the domestic workers duties and/or to find alternatives, then such employer may terminate the services of the domestic worker.
These guidelines are not meant to be a complete summary of the Sectoral Determination and/or legal advice. Should there be any doubt as to rights and/or obligations in terms of this determination or written particulars of employment, such queries can be directed to the local office of the Department of Labour, who will gladly assist.
The Labour Relations Act, 66 of 1995 sets out the procedures to be followed at the termination of services in the Code of Good Practice, in Schedule 8.
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