| (1) |
Whenever an employer or an employee intends terminating a contract of employment, he shall give the other party one week"s notice in writing, and such notice shall take effect from the first day of the usual working week of the employee: Provided that this provision shall not apply in the case of an employee engaged on trial for a period of not less than and not exceeding 15 consecutive working days, in which case notice may be given on any working day: Provided further that if any written contract of employment provides for a period of notice of equal duration for both parties which is longer than one week, notice shall in accordance with such contract be given over such longer period. |
| (2) |
Notwithstanding the provisions of subclause 9.1 (1) and provided such a termination of the employment contract takes effect from the first day of the usual working week— |
| (a) |
an employer may terminate the contract of employment without giving notice to the employee provided, he pays to the employee an amount which is not less than the appropriate wage which he would otherwise have been required to pay the employee had he terminated the contract with the proper notice; and |
| (b) |
an employee may terminate the contract of employment without giving notice to the employer, provided he pays to the employer an amount which is not less than the appropriate wage which the employer would otherwise have been required to pay him had he terminated the contract with the required notice. |
| (3) |
The provisions of this subclause shall not— |
| (a) |
affect the right of an employee who is working short-time to terminate the contract of employment without notice; |
| (b) |
apply during the first four hours of employment of a new employee; |
| (c) |
affect the right of an employer or employee to terminate the contract of service without notice for any good cause recognised by law as sufficient. |
| (4) |
Notwithstanding anything to the contrary contained in this part of the Agreement— |
| (a) |
the employment of any employee who absents himself from work for a period of six consecutive working days, without notifying his employer, in writing, of the reason may be terminated after an enquiry has been held on the seventh day, notification of which enquiry shall be given at least 24 hours in advance, and such an employee shall forfeit the employer the equivalent of one week"s wages in respect of the week in which he so leaves the services of his employer; and |
| (b) |
any employee who leaves the service of his employer without notice in terms of subclause 9.1 (1) shall forfeit one week"s wages in respect of the week in which he so leaves the service of his employer; |
Provided that if the accrued wages due to any such employee is less than the amount of the wages to be forfeited, the difference between the amount of the accrued wages and the wage to be forfeited may be offset against the holiday pay due to such an employee in terms of the provisions of subclause 8.1 (2) of this part of the Agreement.
| (5) |
No employer shall dismiss any employee by reasons of such employee"s absence from work— |
| (a) |
through illness for a period not more than 60 consecutive days, if the employee has furnished or caused to be furnished to the employer within six consecutive working days after absenting himself from work a medical certificate, certifying that such employee is unable to work due to illness; |
| (b) |
on leave, the permission of the employer having been obtained. |
| (6) |
An employer employing less than 50 employees may after a period of four weeks temporarily replace the services of an employee who is absent from work in terms of subclause 5 (a) or (b): Provided that the employee on notifying his employer of his intention to resume work shall be re-engaged after a maximum of one week from the date of such notification. |
Public Service Commission Act, 1997
