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