In terms of the Basic Conditions of Employment Act (BCEA), any party to an employment contract must give notice of termination. The notice period is determined by the employment period, for example:
- One week, if employed for six months or less;
- Two weeks, if employed for over six months but less than one year;
- Four weeks, if employed for one year or more;
- Four weeks, if the employee is a farm worker or a domestic worker who has been employed for over six months.
What happens when an employee has leave due to them during a termination?
As per Section 20 (5) (b) of the BCEA, the employer may not require or permit an employee to take annual leave during any period of notice of termination of employment. The employee is prohibited from taking leave during their notice period.
Suppose an employee has given notice, whereby the employer would like to get the employee out of the workplace as soon as possible. In that case, the employer may pay the employee instead of having the employee work out their notice.
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