Termination of Employment in South Africa: Know Your Rights

Getting a message from your manager saying that your employment is ending can be scary, especially if you are young and this is your first job.

But remember: an employer cannot simply ignore South African labour laws when ending your employment.

The Basic Conditions of Employment Act (BCEA) sets rules about ending employment contracts, including notice periods and payments that may be due to an employee.

What does termination mean?

Termination simply means that your employment comes to an end.

This can happen for different reasons. For example:

• You resign from your job.
• Your employer dismisses you.
• Your contract reaches its agreed end date.
• Your employer and you agree to end the employment relationship.
• Your position is affected by a retrenchment.

What is a notice period?

When employment ends, the employee or employer will often need to give notice.

The BCEA provides minimum notice periods based on how long the employee has worked for the employer:

• One week if employed for six months or less.
• Two weeks if employed for more than six months but not more than one year.
• Four weeks if employed for more than one year.

Your contract may provide for a longer notice period, provided it follows the applicable law.

What if you are dismissed?

Being dismissed is different from resigning.

An employer should have a fair reason for dismissal and follow a fair process. Depending on the circumstances, a dismissal may relate to things such as misconduct, poor performance or the employer's operational requirements.

If you believe you were unfairly dismissed, you may be able to refer the dispute to the CCMA or another appropriate bargaining council.

What should you do if you lose your job?

• Ask for written confirmation of the termination.
• Check your final payslip.
• Check whether you are owed unpaid salary or other amounts.
• Ask about payment for outstanding leave where applicable.
• Keep your employment contract and other documents.
• Ask for your certificate of service.
• If you believe the termination was unfair, get advice quickly.

Do not sign something you do not understand.

If your employer gives you a document and you are unsure what it means, take time to read it carefully and ask questions before signing.

If you are offered a settlement or agreement to end your employment, make sure you understand what you are agreeing to.

Job seeker tip: Keep copies of your employment contract, payslips and important work documents even after you leave a job. These documents can be useful if a problem comes up later.

Remember: Losing your job does not mean you have lost your rights. Understand what happened, keep your documents and get help if you believe the process was unfair.