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BCEA – Notice periods

In terms of the Basic Conditions of Employment Act, notice of termination must be given as follows and in writing and not whilst the employer is on leave.

  • One week, if the employee has been employed for 6 months or less;
  • 2 weeks, if the employee has been employed for more than 6 months by not more than one year
  • 4 weeks, if the employee has been employed for more than 6 months
  • A collective agreement may shorten the 4 week notice period to not less than 2 weeks
  • Notice must be given unless it is given by an illiterate employee

An employer does not have to provide an employee with a letter of reference however employees are entitled to a written certificate of service once their contract comes to an end for whatever reasons.  A certificate of service should set out the full name of the employer and the worker, the full job description, the commencement date and end of contract date. It should also include the wage at the time that the job ended.