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

Sectoral Determinations

Sectoral Determination 9 : Wholesale and Retail Sector, South Africa

Part G : Termination of employment

27. Payment instead of notice

 

(1) Instead of giving an employee notice in terms of this clause, an employer may pay the employee the full pay the employee would have received if the employee had worked during the notice period.

 

(2) If an employee gives notice of termination of employment, and the employer waives any part of the notice, the employer must pay the full pay referred to in sub-clause (1), unless the employer and employee agree otherwise.