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    BCEA Notice Periods & Severance Pay

    How much notice to end employment, and what severance pay is owed on retrenchment. The Basic Conditions of Employment Act minimums, by length of service.

    Notice to terminate (either side)

    First 6 months of service 1 week
    6 to 12 months of service 2 weeks
    More than 1 year of service 4 weeks

    Severance pay (on retrenchment)

    Statutory minimum At least 1 week's pay per completed year of service
    When it applies Retrenchment (operational requirements) -- not ordinary resignation or fair dismissal for misconduct

    Fairness still applies

    • Notice and severance are the money side; a dismissal must also be fair in reason and in process
    • An unfair dismissal can be referred to the CCMA within 30 calendar days, and compensation can reach up to 12 months' pay (24 for an automatically unfair dismissal)
    Reference only -- not legal advice. A contract or bargaining council agreement may set longer notice, never shorter. Get the dismissal process right before you act. Verify at labour.gov.za and ccma.org.za.

    Sources: Basic Conditions of Employment Act 75 of 1997 (notice and severance) · Labour Relations Act (unfair dismissal) · CCMA

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