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Labour Relations Act, 1995 (Act No. 66 of 1995)

Notices

National Bargaining Council for the Wood and Paper Sector

Extension of Collective Agreement on Conditions of Service : Pulp and Paper Sector to Non-parties

Part D : Notice Period and Payments on Termination of Employment

19. Notice on Termination of Employment

 

1. An employer or an employee may terminate the contract of employment for any cause recognised by law as being sufficient, of not less than:
1.1. One (1) week, if the employee has been employed for six (6) months or less.
1.2. Two (2) weeks, if the employee has been employed for more than six (6) months, but not more than one (1) year.
1.3. Four (4) weeks, if the employee has been has been employed for one (1) year or more.

 

2. Notice of termination of a contract of employment shall be given in writing, except where it is given by an illiterate employee.

 

3. If an employee who receives notice of termination is not able to understand it, the notice must be explained orally by, or on behalf of, the employer to the employee in an official language the employee reasonably understands.

 

4. Notice of termination of a contract of employment given by an employer must:
4.1. Not be given during any period of leave to which the employee is entitled to; and
4.2. Not run concurrently with any period of leave to which the employee is entitled to, except sick leave.

 

5. Nothing contained in the clauses above shall affect:
5.1. The right of an employer or an employee to terminate the contract of employment without notice for any cause recognised by law as sufficient; or
5.2. The right of an employee to dispute the lawfulness or fairness of the dismissal in terms of any law.