Basic Conditions of Employment Act, 1997
R 385
Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Sectoral DeterminationsSectoral Determination 12 : Forestry Sector, South AfricaPart G : Termination of Employment29. Termination of employment |
| (1) | A contract of employment terminable at the instance of a party to the contract may be terminated only on notice of not less than— |
| (a) | one week if the forestry worker has been employed for six months or less; |
| (b) | four weeks, if the forestry worker has been employed for six months or more. |
| (2) | The employer and forestry worker may agree to a longer notice period, but the agreement may not require or permit a forestry worker to give a period of notice longer than that required of the employer. |
| (3) | Notice of termination of contract of employment must be given in writing except when it is given by an illiterate forestry worker. If a forestry worker 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 forestry worker in an official language the forestry worker reasonably understands. |
| (4) | Notice of termination of a contract of employment given by an employer must— |
| (a) | not be given during any period of leave to which the forestry worker is entitled in terms of clause 24(1); |
| (b) | not run concurrently with any period of leave to which the forestry worker is entitled in terms of this determination, except sick leave. |
| (5) | Nothing in this clause affects the right— |
| (a) | of a dismissed forestry worker to dispute the lawfulness or fairness of the dismissal in terms of Chapter VIII of the Labour Relations Act, 1995, or any other law; and |
| (b) | an employer or a forestry worker to terminate a contract of employment without notice for any cause recognized by law. |
