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


Bargaining Council for the Metal and Engineering Industries

Main Collective Agreement

Part 1 : Conditions of Employment

18. Termination of Employment


Note: The periods of notice in respect of retrenched employees are set out in Annexure A of this Agreement”


1. A contract of employment terminable at the instance of the employer or the employee may be terminated only on notice of not less than -
(a) one week, if the employee has been employed for six months or less;
(b) Two weeks, if the employee has been employed for more than six months but not more than one year with the same employer;
(c) Four weeks, if the employee has been employed for more than one year with the same employer”.


2. Provided that this shall not affect -
(a) The right of an employer or employee to terminate a contract of service without notice for any good cause recognized by law as sufficient;
(b) Any agreement between an employer and employee providing for a longer period of notice than the periods referred to in sub-clause 1(a), (b) and (c) above.


3. Provided further that an employer may pay to an employee wages for and in lieu of the prescribed or agreed period of notice.


4. Whenever the contract of service is terminated by the notice period referred to in sub-clauses 1(a), (b), (c) or 2(b) above and the employee fails to give notice or to work such notice period, the employer may deduct pay in lieu of such notice period in the establishment concerned.


5. For the purposes of this clause, “week” shall be a week consisting of the ordinary hours of work as referred to in clause 4(1)(a)(i) and (ii) of this Agreement.  Notice must be given on the first day at the commencement of the working week for the employee.


6. The termination of employment by an employer on notice in terms of the Main Agreement does not prevent employee challenging the fairness or lawfulness of the termination or dismissal.


7. The services of an employee shall not be terminated only on the grounds that the employee is HIV positive (human Immunodeficiency Virus).