| 20.1 |
Notice of contract termination |
when either an employer or an employee (other than a casual employee) desires to terminate the contract of employment existing between them, such termination may be effected in the following manner:
| (a) |
Notice by either the employer or the employee of intention to terminate such contract shall be given in writing (except when such notice is given by an Employee who is unable to write); |
| (b) |
The length of such notice shall be based on the duration of the employee's employment with the employer concerned, as follows: |
| (i) |
Not less than one working day's notice shall be given during the first four weeks of such employment; |
| (i) |
Not less than two weeks notice shall be given after the first four weeks of such employment. |
| (ii) |
Not less than one weeks notice shall be given to an employee whilst on probation, as defined, for the period of employment between 4 weeks as in sub clause (i) above and six months. |
| 20.2 |
Payment in lieu of Notice |
| (a) |
Either an employer or employee may terminate the contract without giving notice by paying the employer or the employee concerned As the case may be, an amount of not less than: |
| (i) |
the daily wage being received by the Employee at the time of such termination in lieu of the one working days notice called for in the circumstances laid down in sub-clause 20.1 (b) (i) above; |
| (ii) |
an amount equal to double the weekly wage being received by the employee at the time of such termination in lieu of the two weeks notice called for in the circumstances laid down in sub -clause 20.1 (b) (ii) above. |
| (b) |
The terms of sub clause a) above shall not affect the following: |
the right of an employer or his employee to terminate the contract without notice, for any cause recognised by law as being sufficient any written agreement between an employer and his employee which provides for a period of notice of equal duration on both sides and for longer than that prescribed in this clause;
| (i) |
the operation of any forfeitures or penalties which may be applicable by law in respect of an employee who deserts; |
| (c) |
If an employer pays an employee in lieu of notice at a time when, as at the date of termination, the wage of such employee has been reduced by short-time deductions, the expression "is receiving at the time of such termination" shall be deemed to mean "would have received at the time of such termination had no deduction been made in respect of short-time". |
| (d) |
Where there is an agreement in terms of sub clause (b)(ii) above, the payment in lieu of notice shall be in line with the period of notice agreed upon. |
The Notice specified in clause (20.1) above, shall not run concurrently with, nor be given during, the absence of any employee for any of the following reasons:
| (a) |
Leave granted in terms of clause (8) hereof; |
| (b) |
Sick leave granted in terms of clause (9), or incapacity in the circumstances set out in clauses (9.3) (a) or (9.3) (b) where such absences amount in total to not more than ten weeks in any 12 month period of employment with the same employer; |
| (c) |
Military service, except if the employee so requests in writing and the employer so agrees, also in writing; |
| 20.4 |
Appropriation of employee dues in lieu of Notice |
| (a) |
Notwithstanding anything to the contrary in this Agreement, where an employee terminates his contract of employment by leaving his employment without having given and served the required notice period; or without having paid the employer in lieu of such notice, the employer may appropriate to himself an amount of not more than that which the employee would have had to pay in lieu of notice; |
| (b) |
Such appropriation by the employer shall be made from any monies owed by him to the employee concerned, in terms of any of the provisions of this Agreement, and shall not exceed more than the amount the employee would have paid him in lieu of notice; |
| (c) |
If such appropriation is made, the employee shall be deemed, for the purposes of clause 8.6 hereof, to have paid the employer in lieu of notice. |
Stamp Duties Act, 1968 (Act 77 of 1968)
