TERMINATION OF CONTRACT OF EMPLOYMENT. (1) Despite clause 4(5), an employer or an employee who desires to terminate the contract of employment, shall give -
(a) during the first four weeks of employment, not less than one week's notice;
(b) after the first four weeks of employment, not less than two week's notice of termination of contract;
(2) The notice of termination of a contract of employment must be given in writing except when it is given by an employee who is not able to write.
(3) Where a notice of termination is given to an employee who is unable to read and understand it, the employer must arrange that the notice is explained to the employee in a language that the employee reasonably understands.
(4) An employer or an employee may terminate the contract of employment without notice by paying the employee or paying the employer, as the case may be, in lieu of such notice not less than in the case of -
(a) one week's notice, the weekly wage the employee is receiving at the time of such termination;
(b) two weeks' notice, the wages the employee is entitled to in the two weeks. Provided that this shall not affect -
(i) the right of an employer or an employee to terminate the contract without notice for any cause recognised by law as sufficient;
(ii) the right of a dismissed employee to dispute the lawfulness or fairness of the dismissal in terms of the Labour Relations Act, 1995 or any other law.
(5) The notice referred to in sub-clause (1) shall be given on a work-day: Provided that the period of notice shall not run concurrently with nor shall notice be given during an employee's absence -
(a) on leave in terms of clause 14;
(b) on sick leave in terms of clause 15(2);
(c) owing to incapacity in the circumstances set out in clause 15(8)(b) or (c), amounting in the aggregate to not more than 15 weeks in a period of 12 months;
(d) on maternity leave in terms of clause 16.
TERMINATION OF CONTRACT OF EMPLOYMENT. (1) Where a contract of employment of an employee comes to an end, a workplace agreement that governs that contract no longer applies to that person except where an agreement under subsection (2) provides otherwise.
(2) An employer and a person who is employed by the employer may agree in writing that a specified workplace agreement is to apply to that person as an employee of that employer during a specified period, not exceeding 12 months, regardless of the number of separate contracts of employment between them that come into existence during that period.
(3) Subsection (1) does not affect rights or obligations under a workplace agreement that are to take effect after termination of employment.
TERMINATION OF CONTRACT OF EMPLOYMENT. In addition to the reasons determined by law, the employer may terminate the employee’s contract of employment in the following cases:
TERMINATION OF CONTRACT OF EMPLOYMENT. This Contract of Employment may be terminated by:
A. Mutual agreement of the parties;
B. Either party may terminate this contract of employment upon sixty (60) days written notice of intent to terminate; or
C. Actions consistent with law.
TERMINATION OF CONTRACT OF EMPLOYMENT. This Contract of Employment may be terminated by: A. mutual agreement of the parties;
TERMINATION OF CONTRACT OF EMPLOYMENT a. During the first 10 working days, not less than one working day’s notice in writing may be given by either party.
b. During the remainder of the probationary period, not less than five working days’ notice shall be given by either party.
c. Thereafter, not less than ten working days’ notice shall be given by either party. The Notice Periods referred to under items a, b and c above, shall equally apply to Monthly Paid Employees.
d. An employer shall provide his employees with full-time employment during the notice periods prescribed in clauses (a) – (c) above or alternatively, pay him the wages which he would have earned during such notice period for full-time employment, calculated at the rate of pay which he was entitled to receive immediately prior to the giving of such notice.
e. The notice referred to in clauses (a) – (c) above, shall not run concurrently with, and shall not be given during: any period of : Annual Leave. Sick Leave or Maternity Leave
f. A contract of employment shall terminate if an employee is absent from work without his employer’s consent for longer than six consecutive calendar days, provided that a fair disciplinary procedure has been followed.
g. Notwithstanding anything else contained in this clause, an employer or employee may terminate the contract without notice by paying the employee or employer in lieu thereof as per the periods described above.
h. Upon termination of the contract of employment, the employer shall provide the employee with a duly completed UI.19 form and a Certificate of Service.
TERMINATION OF CONTRACT OF EMPLOYMENT. (1) Whenever an employer or an employee intends terminating a contract of employment he shall give the other party:-
(a) during the first four weeks of employment, one working day's notice of termination of such contract;
(b) at any time after the first four weeks of employment, if the employee is a weekly paid employee, one week's notice, if the employee is a monthly paid employee, two week's notice of termination of such contract;
(c) notice as specified in a written contract, where this is for a greater period than specified in (a) or (b) above.
(2) Notice in terms of subclause (1) shall, except when given by an illiterate employee, be given in writing:-
(a) in the case of a weekly employee, on or before the usual pay day of the employee concerned and shall run from the day after such pay day;
(b) in the case of a monthly employee, on or before the 1st or the 15th day of a month and shall run from such 1st or 15th day, as the case may be;
(c) in the case of notice in terms of sub-clause (1)(a), on any working day.
(3) Notice shall not run concurrently, with, nor shall be given during, an employee's absence on leave granted in terms of the agreement, nor during a period of short time.
(4) Where notice of termination of a contract of employment is given in terms of subclause (1), the employer shall pay to the employee, as his remuneration in respect of the period of notice, an amount calculated at his daily or average daily rate (whichever is the higher) for the period of notice. This amount shall not be less than an amount equal to the remuneration which the employee was receiving immediately before such notice was given:-
(a) in the case of a period of notice of one day, on the day before;
(b) in the case of a period of one or more weeks, on the week before, multiplied by the number of weeks in such period;
(c) in the case of a period of one or more months, on the month before, multiplied by the number of months in such period.
(5) Notwithstanding the provisions of subclause (1) the employer or employee may terminate a contract of employment without requiring notice to be worked, provided that the party giving notice pays to the other the amount that would have been required to be paid to the employee in terms of subclause (4) had the contract been terminated with notice.
(6) The provisions of this clause shall not apply in respect of a casual employee and shall not affect:-
(a) the right of an employee or an employer to terminate a contract of employme...
TERMINATION OF CONTRACT OF EMPLOYMENT. 4.1.1 An employer or an employee, who wishes to terminate the contract of employment, shall give notice of termination of not less than:
a) One week, if the employee has been employed for six months or less;
b) Two weeks, if the employee has been employed for more than six months but not more than one year;
c) Four weeks, if the employee has been employed for more than one year.
4.1.2 An employer may terminate a contract without notice by paying the employee, in lieu of such notice, not less than the remuneration the employee would have received, in terms of sub-clause 4.1.1 above, if the employee had worked during the notice period,
4.1.3 The provisions of sub-clause 4.1.2 above shall not affect the operation of any forfeitures or penalties that by law may be applicable in respect of an employee who is absent without leave or has absconded or deserted.
4.1.4 Where the wage of an employee at the date of termination has been reduced by deductions in respect of short-time, the employer is obliged to pay the employee in lieu of notice as if no reduction has been made in respect of short-time.
4.1.5 The notice prescribed in sub-clause 4.1.1 may be given on any work-day: Provided that the period of notice shall not run concurrently with nor shall notice be given during an employee's absence-
a) on leave in terms of clause 3.1
b) on sick leave in terms of clause 3.2
c) owing to incapacity as defined in 3.2 above amounting in the aggregate to not more than 10 weeks in any period of 12 months.
TERMINATION OF CONTRACT OF EMPLOYMENT. 5.1 The employee shall be required to serve a probationary period for the first six months of his employment with the company. During the first four weeks of his employment with the company, either party may terminate this contract of employment by the furnishing of not less than one week's notice of its intention to do so. If the employee is employed for more than four weeks but less than one year, no less than two week's notice of either parties intention to terminate this contract of employment shall be given. If the employee is employed for one year or more than four weeks notice of either parties intention to terminate the contract shall be given.
5.2 The aforegoing notice period shall not effect the right of the company to terminate the contract without notice for any cause recognised by law as sufficient.
TERMINATION OF CONTRACT OF EMPLOYMENT. This contract shall come to an end upon the expiry of the contract period as indicated in 2 above. Besides grounds enumerated in the name of organization Internal regulation & the labour laws shall be good cause for terminating this contract prior to the expiry of the contract duration.
