Understanding your notice period rights in South Africa when resigning or terminating employment is essential, for your peace of mind and professional reputation. This guide on notice periods in South Africa equips you with the knowledge to confidently navigate notice periods according to South African law. While it may be tempting to quit without giving any notice, this can lead to negative consequences and reputational damage, and is not recommended.
The notice period ensures that the employer has time to find a replacement for you, and ensure business continuity.
Must notice periods be adhered to in South Africa?
Yes, notice periods must be adhered to. Both employees and employers are legally obligated to comply with the notice periods outlined in the Basic Conditions of Employment Act (BCEA) or their employment contracts, whichever provides better terms for the employee.
The Legal Foundation: BCEA Notice Periods
The BCEA within the Labour Relations Act (LRA) in South Africa sets out the notice periods that employees and employers must give each other when terminating a contract of employment. These notice periods vary depending on the length of service of the employee, and whether the termination is for a cause or without cause. Employers must also ensure that they follow the correct procedure for terminating a contract, as set out in the BCEA.
You can read the full BCEA here.
Notice periods as per BCEA
The Basic Conditions of Employment Act (BCEA) sets out minimum notice periods that both employees and employers must respect:
These periods are the legal baseline and nothing less is permitted. They ensure fairness and continuity in the workplace.
Can you agree on longer periods?
Absolutely. Employment contracts may stipulate notice periods longer than the BCEA minimum, and such agreements are binding as long as they apply equally to both parties. Importantly, you cannot be required to give longer notice than your employer.
What are the notice periods for part-time employees?
The notice period regulations stipulated in the BCEA do not apply to people who work less than 24 hours in a month.
Part-time work is often associated with working half-day or mornings only. With a month having an average of 21.67 working days, it means that if you are a part-time worker who works five hours per day, the regulations of the BCEA would apply to you, as you work roughly 108 hours per month. See the table below for scenario 1.
| Hours per day | Hours per week | Hours per month | BCEA minimum |
|---|---|---|---|
| 5 | 25 | 108.35 | 24 |
Some part-time workers work a reduced number of days per week. If you work a full day of eight hours per day, for one day every week of the month, the BCEA would apply to you as you work more than 24 hours in the month. See the table below for scenario 2.
| Hours per day | Hours per week | Hours per month | BCEA minimum |
|---|---|---|---|
| 8 | 8 | 32 - 40 | 24 |
Is there a notice period for fixed-term contract workers?
Fixed-term contracts are often preferred by employers who have a specific project that needs to be completed by a predetermined date. Read more on fixed-duration contracts here.
These contracts can be anything less than a month or more than two years. It depends on the need of the employer. The notice period for fixed-term or duration contracts is not based on the length of the contract but rather on how many hours you have already worked. In other words, if the contract is for a year and you have worked for more than four weeks but less than a year, you need to give two weeks' notice and not four weeks' notice which would be required when working more than a year. See scenario three below:
| Contract term | Number of weeks actually worked | Notice period required |
|---|---|---|
| 2 years | 4 weeks | 2 weeks |
Are there notice periods for independent contractors?
Independent contractors, and freelancers, are not considered company employees under the BCEA, unless certain conditions are filled. These workers are contracted to complete a project and are not added to the company payroll. For example, when a company hires a consultant to advise on certain business practices, they may hire independent contractors to undertake the work.
These contractors do not fall under the BCEA's regulation because they are not employees of the company. Notice periods, in this case, are entirely dependent on the agreement in the terms of the contract.
How must notice be given?
Notice should be given in writing, this can be via email, letter, or any formal medium which provides a record. The BCEA defines a week as seven calendar days, not necessarily working days.
Verbal resignations do carry legal weight; however, written notice is far more advisable to avoid misunderstandings or disputes.
Working the notice period or being paid in lieu
As a valued professional, you may wish to serve your full notice period for a seamless hand‑over. However, should your employer prefer that you do not work through it, they must pay you in lieu of notice and ensure you are fairly compensated.
What if you leave early and don't work your notice period?
If you resign without serving the full notice period, the employer may:
-
Seek specific performance (a court order requiring you to serve notice), although courts are often reluctant to force continuation of employment.
-
Claim damages for any proven losses which can be costly and burdensome for the employer.
You do need to consider that your employer is your future referee, and leaving them early may leave you with reputational damage.
Can the notice period be shorter that the period outlined in the BCEA?
No. The BCEA stipulates the minimum notice period.
Can the notice period be longer that the period outlined in the BCEA?
Yes. If you and your employer agree to a more extended notice period on the employment contract, you are bound to that more extended period. In some cases, it is reasonable for an employer to request more than the BCEA minimum notice period. Longer notice periods are often required for jobs where the nature of the work is complex and the company would require more time to recruit and train a new person to fill the position.
Can I take annual leave during my notice period?
Check your employment contract. Employers usually don’t allow employees to take annual leave during their notice period to ensure the continuity of the business and a smooth handover to the next incumbent. However, if an employee has accumulated considerable annual leave, an employer may ask the employee to shorten their notice and use the annual leave.
3 key things to consider before leaving your job without working your notice period
When you're considering leaving your job, there are a few key things you should take into account:
- Ensure you have another job lined up.
- Think about whether or not you're willing to work your notice period.
- Consider the potential consequences of leaving without working out your notice period.
Making sure that proper and timely notice is given to an employer will ensure that the professional working relationship remains intact. One should always leave a company leaving a good impression; after all, you will require a reference from the employer, which can help you further your career path in the future.
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