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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

28. Payment on termination


(1) On termination of employment, an employer must pay an employee all monies due to the employee for any—
(a) wages, allowances or other payments that have not been paid;
(b) paid time-off that the employee is entitled to in terms of clause 13 or 18 that the employee has not taken;
(c) leave in terms of clause 21 that the employee has not taken, irrespective of whether the employee has completed an annual leave cycle or year of service, unless the employee has not been employed longer than four months.


(2) For the purposes of sub-clause (1)(c), an employee is entitled to be paid in respect of any period for which leave was not granted—
(a) one week’s remuneration for every four months worked; or
(b) one day’s remuneration in respect of every 17 days on which the employee worked or was entitled to be paid.