Termination of employment pitfalls

Labour & UIF

Start with your employment dates and any notice you gave or received. Compare them with the service periods below. If dismissal is involved, keep the reason and your chance to respond in view. The Department statement describes Draft Code proposals; check their current status before treating them as current requirements.

Official downloads

Amended Act - Basic Conditions of Employmentwww.labour.gov.za

How to use it

Check the one-year boundary The descriptions overlap at exactly one year: one covers service of no more than that period, while another covers one year or more. Check the applicable rule before relying on either row for exactly one year.
Six months or less If you have worked six months or less, the minimum notice period is one week.
More than six months, but not more than one year If you have worked more than six months but no more than one year, the minimum notice period is two weeks.
One year or more If you have worked one year or more, the minimum notice period is four weeks.
Farm and domestic workers If you are a farm or domestic worker and have worked more than six months, the minimum notice period is four weeks. This is a separate worker-specific rule; use it instead of the general two-week row when it applies.

Document checklist

Employment dates and contract Write down when you started and when you expect your employment to end. Keep your contract nearby when comparing those dates with the notice periods. If it sets a longer qualifying period, see the related question below.
Notice Keep the notice you gave or received with your date notes. The writing rule and its exception appear below.
Dismissal records Save letters and messages about the reason for dismissal and any chance you had to respond. These can help you explain what happened when you ask for the process to be reviewed.

Questions & answers

Can a collective agreement shorten a four-week notice period?

A collective agreement may shorten the four-week period, but not to less than two weeks.

What if your contract sets a longer qualifying period?

The Department statement says a longer qualifying period in the employment contract should be reasonable and operationally justifiable.

What did the Department report about Labour Relations Act amendments?

The statement said the process was still to be scheduled for presentation to Parliament, followed by submission to Cabinet. That reports the process at the time; it does not confirm its present stage.

Has the Department published the Draft Code amendments?

The Department statement said it was collating the received comments for the Minister's review. After the Minister’s consideration, the next step was to publish the amendments for implementation. The statement does not confirm whether that publication happened later.

What can you ask for when employment ends?

An employee is entitled to a certificate on termination of employment. Ask for it and keep it with your other employment records.