notice period in terms of termination of employment
In terms off the Basic Conditions of Employment Act, any party to an employment contract must give to the other notice of termination as follows:
- *One week, if the employee has been employed for 6 months or less;
*2 weeks, if the employee has been employed for more than 6 months by not more than one year;
*4 weeks, if the employee has been employed for more than 6 months
*A collective agreement may shorten the 4 weeks notice period to not less than 2 weeks
*Notice must be given unless it is give by an illiterate employee
What is the procedure for termination of employment?
Whilst the contact of employment makes provision for the termination of employment, it must be understood that the services of an employee may not be terminated unless a valid and fair reason exists and fair procedure is followed. If an employee is dismissed without a valid reason or without a fair procedure the employee may approach the CCMA for assistance. Pro- rata leave and severance pay might be payable.
In the event of a worker being unable to return for work due to disability the employer must investigate the nature of the disability and ascertain whether or not it is permanent or temporary. The employer must try to accommodate the employee as far as possible for example, amending or adopting their duties to suit the disability. However, in the event of it not being possible for the employer to adapt the workers duties and/or to find alternatives then such employer may terminate the services of the worker. The Labour Relations Acct 66 of 1995 sets out the procedures to be followed at the termination of services in the Code for Good Practice, in Schedule 8.