Is a notice period compulsory with a termination of employment?

The Basic Conditions of Employment Act sets out minimum requirements to notice period(s) that must be adhered to by both Employer and Employee.
The provisions are, seven days if the employee worked less than six months, two weeks if the Employee worked more than six months but less than a year and four weeks if the Employee worked for more than a year. Employees who fall under Bargaining Councils or a Sectoral Determination will also be held liable to serve out the applicable stipulated notice period in accordance with its collective or main agreement.
If an Employee tenders a resignation with an insufficient notice period, the Employer will not be permitted to deduct any monies for the notice period not worked by the Employee. The Employee will however be in breach of contract and the Employer will instead have recourse to hold the Employee liable for the notice period not served.

The Employer can therefore seek relief from the courts in this instance and sue the Employee for damages or apply for specific performance required from the Employee.
For further information on the minimum wage and to ensure you are paying your employees in line with what is required for your sector, contact your nearest Joblaw offices.
To arrange a consultation, for more information, with a member of our qualified team, contact Erin Steyn on 021 919 6418 or email erin@joblaw.co.za

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