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


Motor Industry Bargaining Council  (MIBCO)

Main Collective Agreement

Division A : Provisions Applicable to all Establishments in the Industry

Clause 7 : Termination of Employment

7.4 Desertion



(1)        Desertion


An employee will be regarded as having deserted from his employer's service after a continuous absence of five working days and without notification to his employer of his whereabouts: Provided that—

(a) the employer attempts to contact the employee in writing at his last known address supplied by the employee;
(b) the employee was duly notified in writing of the necessity to furnish his employer with his address and any changes of address;
(c) the employee shall be allowed a period of one month to lodge with his employer a written appeal against his dismissal.


(2)        Recovery of outstanding moneys


Employers may deduct or set-off upon termination of service of employment from all moneys owing to an employee except pension and/or provident funds in respect of loans in terms of a signed acknowledgment of debt.