| 17.1 |
An employer or employee, other than a casual employee, who wants to terminate the contract of service must give:— |
| 17.1.1 |
24 hours" notice during the first month of employment; |
| 17.1.2 |
one week"s notice during the second to six months of employment; |
| 17.1.3 |
two weeks" notice if employed longer than six months. |
| 17.2 |
An employer or employee may terminate the contract without notice by paying, in lieu of such notice:— |
| 17.2.1 |
in the case of 24 hours" notice, the daily wage the employee is receiving at the time of such termination plus, in the case of commission earners, pro rata commission for that month calculated in terms of clause 17.2.4; |
| 17.2.2 |
in the case of one week"s notice, the weekly wage the employee is receiving at the time of such termination plus, in the case of commission earners, pro rata commission for that month calculated in terms of clause 17.2.4; |
| 17.2.3 |
in the case of two weeks" notice, double the weekly wage the employee is receiving at the time of such termination plus, in the case of commission earners, pro rata commission for that month calculated in terms of clause 17.2.4; and |
| 17.2.4 |
Employees who are paid commission must receive in addition to their pro rata basic wage, whichever is the greater of either:— |
| (i) |
the commission earned for the month during which notice is effective. The formula for calculating commission must be adjusted pro rata to the number of days or weeks worked during that month; or |
| (ii) |
pro rata commission based on 20% of the average net monthly personal service commission earned during the preceding twelve months. Personal service commission excludes commission on retail sales and VAT. |
[GG29206, Government Notice No. 916 amended the above two subclauses, however the numbering convention differs from the original agreement, subsequently "17.1" and "17.2" can be understood to mean the same as subclause "17 (1)" and "17 (2)".]
| 3. |
Notice of termination must be given:— |
| (b) |
outside any period of leave. |
| 4. |
Nothing in this clause affects the right of an employer or an employee to terminate a contract of service without notice for any justified cause recognised by law. |
| 5. |
An employer may terminate an employee"s contract of service if an employee is absent from work without permission for a period of five or more consecutive days and the employer has proof that a reasonable attempt has been made to contact the employee. The employee has the right to appeal on the grounds of a medical or other acceptable reason. |
Stamp Duties Act, 1968 (Act 77 of 1968)
