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> GOVERNANCE - home > Employment protection legislation database - EPLex > South Africa

South Africa - Procedural requirements for individual dismissals


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Notification to the worker to be dismissed: written

Remarks:
  • See sec. 37(4) BCEA: Notice of termination must be given in writing and explained orally to an employee who is not able to understand it.

Notice period:
Remarks:
  • Sec. 37(1) BCEA establishes minimum notice periods to be observed by the employer when he or she intends to dismiss an employee, as follows:
    - 1 week's notice if the employee has been employed for 6 months or less,
    - 2 week's notice if the employee has been employed for more than 6 months but not more than 1 year;
    - 4 weeks if the employee has been employed for one year or more (or is a farm or domestic workers employed for more than 6 months)
    Collective agreements only provide shorter notice periods than those stipulated by the BCEA for workers with more than 1 year of service. In such cases, the notice period can be reduced to 2 weeks (sec. 37(2) BCEA).
    • tenure ≥ 6 months
      • 2 week(s).
    • tenure ≥ 9 months
      • 2 week(s).
    • tenure ≥ 2 years
      • 4 week(s).
    • tenure ≥ 4 years
      • 4 week(s).
    • tenure ≥ 5 years
      • 4 week(s).
    • tenure ≥ 10 years
      • 4 week(s).
    • tenure ≥ 20 years
      • 4 week(s).

    Pay in lieu of notice: Yes

    Remarks:
    • Sec. 38 BCEA.

    Notification to the public administration: No

    Notification to workers' representatives: No

    Remarks:
    • Except for individual dismissals based on operational requirements (see sec. 189 LRA).
      See also sec. 4(2) of the Code of Good Practice on Dismissal - schedule 8 of the LRA: Disciplinary proceedings against a trade union representative should not be instituted without first informing and consulting the union.

    Approval by public administration or judicial bodies: No

    Approval by workers' representatives: No

    + show references

    Notification to the worker to be dismissed: written

    Remarks:
    • See sec. 37(4) BCEA: Notice of termination must be given in writing and explained orally to an employee who is not able to understand it.

    Notice period:
    Remarks:
    • Sec. 37(1) BCEA establishes minimum notice periods to be observed by the employer when he or she intends to dismiss an employee, as follows:
      - 1 week's notice if the employee has been employed for 6 months or less,
      - 2 week's notice if the employee has been employed for more than 6 months but not more than 1 year;
      - 4 weeks if the employee has been employed for one year or more (or is a farm or domestic workers employed for more than 6 months)
      Collective agreements only provide shorter notice periods than those stipulated by the BCEA for workers with more than 1 year of service. In such cases, the notice period can be reduced to 2 weeks (sec. 37(2) BCEA).
      • tenure ≥ 6 months
        • 2 week(s).
      • tenure ≥ 9 months
        • 2 week(s).
      • tenure ≥ 2 years
        • 4 week(s).
      • tenure ≥ 4 years
        • 4 week(s).
      • tenure ≥ 5 years
        • 4 week(s).
      • tenure ≥ 10 years
        • 4 week(s).
      • tenure ≥ 20 years
        • 4 week(s).

      Pay in lieu of notice: Yes

      Remarks:
      • Sec. 38 BCEA.

      Notification to the public administration: No

      Notification to workers' representatives: No

      Remarks:
      • Except for individual dismissals based on operational requirements (see sec. 189 LRA).
        See also sec. 4(2) of the Code of Good Practice on Dismissal - schedule 8 of the LRA: Disciplinary proceedings against a trade union representative should not be instituted without first informing and consulting the union.

      Approval by public administration or judicial bodies: No

      Approval by workers' representatives: No

      + show references

      Notification to the worker to be dismissed: written

      Remarks:
      • See sec. 37(4) BCEA: Notice of termination must be given in writing and explained orally to an employee who is not able to understand it.

      Notice period:
      Remarks:
      • Sec. 37(1) BCEA establishes minimum notice periods to be observed by the employer when he or she intends to dismiss an employee, as follows:
        - 1 week's notice if the employee has been employed for 6 months or less,
        - 2 week's notice if the employee has been employed for more than 6 months but not more than 1 year;
        - 4 weeks if the employee has been employed for one year or more (or is a farm or domestic workers employed for more than 6 months)
        Collective agreements only provide shorter notice periods than those stipulated by the BCEA for workers with more than 1 year of service. In such cases, the notice period can be reduced to 2 weeks (sec. 37(2) BCEA).
        • tenure ≥ 6 months
          • 2 week(s).
        • tenure ≥ 9 months
          • 2 week(s).
        • tenure ≥ 2 years
          • 4 week(s).
        • tenure ≥ 4 years
          • 4 week(s).
        • tenure ≥ 5 years
          • 4 week(s).
        • tenure ≥ 10 years
          • 4 week(s).
        • tenure ≥ 20 years
          • 4 week(s).

        Pay in lieu of notice: Yes

        Remarks:
        • Sec. 38 BCEA.

        Notification to the public administration: No

        Notification to workers' representatives: No

        Remarks:
        • Except for individual dismissals based on operational requirements (see sec. 189 LRA).
          See also sec. 4(2) of the Code of Good Practices on Dismissal - schedule 8 of the LRA: Disciplinary proceedings against a trade union representative should not be instituted without first informing and consulting the union.

        Approval by public administration or judicial bodies: No

        Approval by workers' representatives: No

        + show references

        Notification to the worker to be dismissed: written

        Remarks:
        • See sec. 37(4) BCEA: Notice of termination must be given in writing and explained orally to an employee who is not able to understand it.

        Notice period:
        Remarks:
        • Sec. 37(1) BCEA establishes minimum notice periods to be observed by the employer when he or she intends to dismiss an employee, as follows:
          - 1 week's notice if the employee has been employed for 6 months or less,
          - 2 week's notice if the employee has been employed for more than 6 months but not more than 1 year;
          - 4 weeks if the employee has been employed for one year or more (or is a farm or domestic workers employed for more than 6 months)
          Collective agreements only provide shorter notice periods than those stipulated by the BCEA for workers with more than 1 year of service. In such cases, the notice period can be reduced to 2 weeks (sec. 37(2) BCEA).
          • tenure ≥ 6 months
            • 2 week(s).
          • tenure ≥ 9 months
            • 2 week(s).
          • tenure ≥ 2 years
            • 4 week(s).
          • tenure ≥ 4 years
            • 4 week(s).
          • tenure ≥ 5 years
            • 4 week(s).
          • tenure ≥ 10 years
            • 4 week(s).
          • tenure ≥ 20 years
            • 4 week(s).

          Pay in lieu of notice: Yes

          Remarks:
          • Sec. 38 BCEA.

          Notification to the public administration: No

          Notification to workers' representatives: No

          Remarks:
          • Except for individual dismissals based on operational requirements (see sec. 189 LRA).
            See also sec. 4(2) of the Code of Good Practices on Dismissal - schedule 8 of the LRA: Disciplinary proceedings against a trade union representative should not be instituted without first informing and consulting the union.

          Approval by public administration or judicial bodies: No

          Approval by workers' representatives: No

          + show references

          Notification to the worker to be dismissed: written

          Remarks:
          • See sec. 37(4) BCEA: Notice of termination must be given in writing and explained orally to an employee who is not able to understand it.

          Notice period:
          Remarks:
          • Sec. 37(1) BCEA establishes minimum notice periods to be observed by the employer when he or she intends to dismiss an employee, as follows:
            - 1 week's notice if the employee has been employed for 6 months or less,
            - 2 week's notice if the employee has been employed for more than 6 months but not more than 1 year;
            - 4 weeks if the employee has been employed for one year or more (or is a farm or domestic workers employed for more than 6 months)
            Collective agreements only provide shorter notice periods than those stipulated by the BCEA for workers with more than 1 year of service. In such cases, the notice period can be reduced to 2 weeks (sec. 37(2) BCEA).
            • tenure ≥ 6 months
              • 2 week(s).
            • tenure ≥ 9 months
              • 2 week(s).
            • tenure ≥ 2 years
              • 4 week(s).
            • tenure ≥ 4 years
              • 4 week(s).
            • tenure ≥ 5 years
              • 4 week(s).
            • tenure ≥ 10 years
              • 4 week(s).
            • tenure ≥ 20 years
              • 4 week(s).

            Pay in lieu of notice: Yes

            Remarks:
            • Sec. 38 BCEA.

            Notification to the public administration: No

            Notification to workers' representatives: No

            Remarks:
            • Except for individual dismissals based on operational requirements (see sec. 189 LRA).
              See also sec. 4(2) of the Code of Good Practices on Dismissal - schedule 8 of the LRA: Disciplinary proceedings against a trade union representative should not be instituted without first informing and consulting the union.

            Approval by public administration or judicial bodies: No

            Approval by workers' representatives: No

            + show references

            Notification to the worker to be dismissed: written

            Remarks:
            • See sec. 37(4) BCEA: Notice of termination must be given in writing and explained orally to an employee who is not able to understand it.

            Notice period:
            Remarks:
            • Sec. 37(1) BCEA establishes minimum notice periods to be observed by the employer when he or she intends to dismiss an employee, as follows:
              - 1 week's notice if the employee has been employed for 6 months or less,
              - 2 week's notice if the employee has been employed for more than 6 months but not more than 1 year;
              - 4 weeks if the employee has been employed for one year or more (or is a farm or domestic workers employed for more than 6 months)
              Collective agreements only provide shorter notice periods than those stipulated by the BCEA for workers with more than 1 year of service. In such cases, the notice period can be reduced to 2 weeks (sec. 37(2) BCEA).
              • tenure ≥ 6 months
                • 2 week(s).
              • tenure ≥ 9 months
                • 2 week(s).
              • tenure ≥ 2 years
                • 4 week(s).
              • tenure ≥ 4 years
                • 4 week(s).
              • tenure ≥ 5 years
                • 4 week(s).
              • tenure ≥ 10 years
                • 4 week(s).
              • tenure ≥ 20 years
                • 4 week(s).

              Pay in lieu of notice: Yes

              Remarks:
              • Sec. 38 BCEA.

              Notification to the public administration: No

              Notification to workers' representatives: No

              Remarks:
              • Except for individual dismissals based on operational requirements (see sec. 189 LRA).
                See also sec. 4(2) of the Code of Good Practices on Dismissal - schedule 8 of the LRA: Disciplinary proceedings against a trade union representative should not be instituted without first informing and consulting the union.

              Approval by public administration or judicial bodies: No

              Approval by workers' representatives: No

              + show references

              Notification to the worker to be dismissed: written

              Remarks:
              • See sec. 37(4) BCEA: Notice of termination must be given in writing and explained orally to an employee who is not able to understand it.

              Notice period:
              Remarks:
              • Sec. 37(1) BCEA establishes minimum notice periods to be observed by the employer when he or she intends to dismiss an employee, as follows:
                - 1 week's notice if the employee has been employed for 6 months or less,
                - 2 week's notice if the employee has been employed for more than 6 months but not more than 1 year;
                - 4 weeks if the employee has been employed for one year or more (or is a farm or domestic workers employed for more than 6 months)
                Collective agreements only provide shorter notice periods than those stipulated by the BCEA for workers with more than 1 year of service. In such cases, the notice period can be reduced to 2 weeks (sec. 37(2) BCEA).
                • tenure ≥ 6 months
                  • 2 week(s).
                • tenure ≥ 9 months
                  • 2 week(s).
                • tenure ≥ 2 years
                  • 4 week(s).
                • tenure ≥ 4 years
                  • 4 week(s).
                • tenure ≥ 5 years
                  • 4 week(s).
                • tenure ≥ 10 years
                  • 4 week(s).
                • tenure ≥ 20 years
                  • 4 week(s).

                Pay in lieu of notice: Yes

                Remarks:
                • Sec. 38 BCEA.

                Notification to the public administration: No

                Notification to workers' representatives: No

                Remarks:
                • Except for individual dismissals based on operational requirements (see sec. 189 LRA).
                  See also sec. 4(2) of the Code of Good Practices on Dismissal - schedule 8 of the LRA: Disciplinary proceedings against a trade union representative should not be instituted without first informing and consulting the union.

                Approval by public administration or judicial bodies: No

                Approval by workers' representatives: No

                + show references

                Notification to the worker to be dismissed: written

                Remarks:
                • See sec. 37(4) BCEA: Notice of termination must be given in writing and explained orally to an employee who is not able to understand it.

                Notice period:
                Remarks:
                • Sec. 37(1) BCEA establishes minimum notice periods to be observed by the employer when he or she intends to dismiss an employee, as follows:
                  - 1 week's notice if the employee has been employed for 6 months or less,
                  - 2 week's notice if the employee has been employed for more than 6 months but not more than 1 year;
                  - 4 weeks if the employee has been employed for one year or more (or is a farm or domestic workers employed for more than 6 months)
                  Collective agreements only provide shorter notice periods than those stipulated by the BCEA for workers with more than 1 year of service. In such cases, the notice period can be reduced to 2 weeks (sec. 37(2) BCEA).
                  • tenure ≥ 6 months
                    • 2 week(s).
                  • tenure ≥ 9 months
                    • 2 week(s).
                  • tenure ≥ 2 years
                    • 4 week(s).
                  • tenure ≥ 4 years
                    • 4 week(s).
                  • tenure ≥ 5 years
                    • 4 week(s).
                  • tenure ≥ 10 years
                    • 4 week(s).
                  • tenure ≥ 20 years
                    • 4 week(s).

                  Pay in lieu of notice: Yes

                  Remarks:
                  • Sec. 38 BCEA.

                  Notification to the public administration: No

                  Notification to workers' representatives: No

                  Remarks:
                  • Except for individual dismissals based on operational requirements (see sec. 189 LRA).
                    See also sec. 4(2) of the Code of Good Practices on Dismissal - schedule 8 of the LRA: Disciplinary proceedings against a trade union representative should not be instituted without first informing and consulting the union.

                  Approval by public administration or judicial bodies: No

                  Approval by workers' representatives: No

                  + show references

                  Notification to the worker to be dismissed: written

                  Remarks:
                  • See sec. 37(4) BCEA: Notice of termination must be given in writing and explained orally to an employee who is not able to understand it.

                  Notice period:
                  Remarks:
                  • Sec. 37(1) BCEA establishes minimum notice periods to be observed by the employer when he or she intends to dismiss an employee, as follows:
                    - 1 week's notice if the employee has been employed for 6 months or less,
                    - 2 week's notice if the employee has been employed for more than 6 months but not more than 1 year;
                    - 4 weeks if the employee has been employed for one year or more (or is a farm or domestic workers employed for more than 6 months)
                    Collective agreements only provide shorter notice periods than those stipulated by the BCEA for workers with more than 1 year of service. In such cases, the notice period can be reduced to 2 weeks (sec. 37(2) BCEA).
                    • tenure ≥ 6 months
                      • 2 week(s).
                    • tenure ≥ 9 months
                      • 2 week(s).
                    • tenure ≥ 2 years
                      • 4 week(s).
                    • tenure ≥ 4 years
                      • 4 week(s).
                    • tenure ≥ 5 years
                      • 4 week(s).
                    • tenure ≥ 10 years
                      • 4 week(s).
                    • tenure ≥ 20 years
                      • 4 week(s).

                    Pay in lieu of notice: Yes

                    Remarks:
                    • Sec. 38 BCEA.

                    Notification to the public administration: No

                    Notification to workers' representatives: No

                    Remarks:
                    • Except for individual dismissals based on operational requirements (see sec. 189 LRA).
                      See also sec. 4(2) of the Code of Good Practices on Dismissal - schedule 8 of the LRA: Disciplinary proceedings against a trade union representative should not be instituted without first informing and consulting the union.

                    Approval by public administration or judicial bodies: No

                    Approval by workers' representatives: No

                    + show references

                    Notification to the worker to be dismissed: written

                    Remarks:
                    • See sec. 37(4) BCEA: Notice of termination must be given in writing and explained orally to an employee who is not able to understand it.

                    Notice period:
                    Remarks:
                    • Sec. 37(1) BCEA establishes minimum notice periods to be observed by the employer when he or she intends to dismiss an employee, as follows:
                      - 1 week's notice if the employee has been employed for 6 months or less,
                      - 2 week's notice if the employee has been employed for more than 6 months but not more than 1 year;
                      - 4 weeks if the employee has been employed for one year or more (or is a farm or domestic workers employed for more than 6 months)
                      Collective agreements only provide shorter notice periods than those stipulated by the BCEA for workers with more than 1 year of service. In such cases, the notice period can be reduced to 2 weeks (sec. 37(2) BCEA).
                      • tenure ≥ 6 months
                        • 2 week(s).
                      • tenure ≥ 9 months
                        • 2 week(s).
                      • tenure ≥ 2 years
                        • 4 week(s).
                      • tenure ≥ 4 years
                        • 4 week(s).
                      • tenure ≥ 5 years
                        • 4 week(s).
                      • tenure ≥ 10 years
                        • 4 week(s).
                      • tenure ≥ 20 years
                        • 4 week(s).

                      Pay in lieu of notice: Yes

                      Remarks:
                      • Sec. 38 BCEA.

                      Notification to the public administration: No

                      Notification to workers' representatives: No

                      Remarks:
                      • Except for individual dismissals based on operational requirements (see sec. 189 LRA).
                        See also sec. 4(2) of the Code of Good Practices on Dismissal - schedule 8 of the LRA: Disciplinary proceedings against a trade union representative should not be instituted without first informing and consulting the union.

                      Approval by public administration or judicial bodies: No

                      Approval by workers' representatives: No

                      + show references

                      Notification to the worker to be dismissed: written

                      Remarks:
                      • See sec. 37(4) BCEA: Notice of termination must be given in writing and explained orally to an employee who is not able to understand it.

                      Notice period:
                      Remarks:
                      • Sec. 37(1) BCEA establishes minimum notice periods to be observed by the employer when he or she intends to dismiss an employee, as follows:
                        - 1 week's notice if the employee has been employed for 6 months or less,
                        - 2 week's notice if the employee has been employed for more than 6 months but not more than 1 year;
                        - 4 weeks if the employee has been employed for one year or more (or is a farm or domestic workers employed for more than 6 months)
                        Collective agreements only provide shorter notice periods than those stipulated by the BCEA for workers with more than 1 year of service. In such cases, the notice period can be reduced to 2 weeks (sec. 37(2) BCEA).
                        • tenure ≥ 6 months
                          • 2 week(s).
                        • tenure ≥ 9 months
                          • 2 week(s).
                        • tenure ≥ 2 years
                          • 4 week(s).
                        • tenure ≥ 4 years
                          • 4 week(s).
                        • tenure ≥ 5 years
                          • 4 week(s).
                        • tenure ≥ 10 years
                          • 4 week(s).
                        • tenure ≥ 20 years
                          • 4 week(s).

                        Pay in lieu of notice: Yes

                        Remarks:
                        • Sec. 38 BCEA.

                        Notification to the public administration: No

                        Notification to workers' representatives: No

                        Remarks:
                        • Except for individual dismissals based on operational requirements (see sec. 189 LRA).
                          See also sec. 4(2) of the Code of Good Practices on Dismissal - schedule 8 of the LRA: Disciplinary proceedings against a trade union representative should not be instituted without first informing and consulting the union.

                        Approval by public administration or judicial bodies: No

                        Approval by workers' representatives: No