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

Notices

National Bargaining Council for the Clothing Manufacturing Industry

Main Collective Agreement

Part C : Provisions for the KwaZulu-Natal Region

21. Termination of Service

 

 

(1) An employer or an employee shall give, in writing—
(a) in the case of a weekly-paid employee, not less than one week's notice of the intention to terminate the contract of employment, such notice to commence on the employee's ordinary pay-day;
(b) in the case of a monthly-paid employee, not less than two week's notice of the intention to terminate the contract of employment, such notice to commence on the first or 15th day of the calendar month.

 

(2)

(a) An employer may terminate the contract of employment without notice by paying to the employee, in lieu of notice, an amount equal to not less than—
(i) in the case of a weekly paid employee, one full week's wages; and
(ii) in the case of a monthly paid employee, two weeks' wages.
(b) An employee may terminate the contract of employment without notice by forfeiting wages and/or holiday pay due to him by the employer.

 

(3) The provisions of subclauses (1) and (2) hereof shall not affect—
(a) the right of an employee or employer to terminate the contract of service without notice for any good cause recognised by law as sufficient;
(b) any agreement between an employer and employee which provides for a period of notice longer than one week, in which event wages in lieu of notice shall be correspondingly increased.
(c) the right of an employee who is working short-time in any week on the instruction of the employer to terminate his contract of service at any time after such instruction has been given, without giving notice: Provided further that, in the case of an establishment in which short time is being worked in terms of clause 7, an employee who has been given notice by his employer in terms of this subclause shall be paid a full day's pay, in respect of every day during the period of such notice upon which he attends a such establishment and is available for work the whole day, or in respect of which he has been notified by the employer that his services will not be required;
(d) the operation of any forfeitures or penalties which, by law, may be applicable in respect of desertion by an employee;
(e) the right of an employee to withdraw such notice of his intention to terminate his contract of employment provided it is done in writing within two (2) working days of having been tendered.

 

(4) An employer may terminate the contract of employment on grounds of incapacity where the employee has been absent from work due to ill-health or injuries for a period of time. In these circumstances—
(a) the employer shall consider the following factors before terminating the contract of employment:
(i) Whether the employee is capable of performing the work; and
(ii) if the employee is not capable—
(a) the availability of any suitable alternative work;
(b) the extent to which the employee's duties and/or work circumstances might be adapted to accommodate disability;
(iii) alternatives to dismissal.
(b) An employee shall be allowed an opportunity to state his case and to be assisted by a trade union representative in the process of investigations referred to in paragraph (b) above.
(c) Provided that the provisions of this sub-clause shall not limit the employee's right to challenge his dismissal in terms of the Act.

 

(5) The period of notice shall not run concurrently with nor shall notice be given during, an employee's absence on leave granted in terms of clause 14.

 

(6) This clause shall not apply to an employee during his first week of employment. Such an employee shall be paid for at least four hours, notwithstanding that such employee has worked for a lesser period during his first week of employment.

 

(7)

(a) Notwithstanding anything to the contrary contained in this part of the Agreement the first fifteen (15) working days of the period of employment of any employee shall be deemed to be a probationary period.
(b) The dismissal of an employee during the probationary period shall be preceded by an opportunity for the employee to state his case in response and to be assisted by a trade union representative.