Five entitlements, and severance is only one

Section 44 of the Employment and Labour Relations Act, 2004 sets out what an employer must pay on termination.

The entitlements

• Any remuneration for work done before the termination
• Any annual leave pay due for leave the employee has not taken
• Any annual leave pay accrued during an incomplete leave cycle
• Severance pay, where it applies
• Transport allowance

The certificate of service

On termination, the employer must also issue a prescribed certificate of service.

Ask for it — it is a legal requirement, not a favour.

The incomplete leave cycle

Note the third item specifically. Leave pay accrued during an incomplete cycle is owed, not just full untaken leave from completed cycles.

A settlement that only counts completed cycles is short.

Transport allowance — repatriation

A retrenched employee is entitled to transport. Section 43 of the Act covers transport to the place of recruitment.

This is a distinct entitlement from severance and easy to overlook.

They are not automatic

The Act describes these as terminal benefits, but they are granted depending on circumstances — the grounds of termination, the type of contract, and length of service.

So establish which apply to your situation rather than assuming all five.

Annual leave

Under Section 31, an employer shall grant an employee at least 28 consecutive days' leave in respect of each leave cycle, and that leave is inclusive of any public holiday falling within the period.

The entitlement arises after completing 12 months.

Sick leave

Employees are entitled to 126 days per leave cycle on production of a medical certificate. Payment is full for the first 63 days, then half-pay for the remainder.

Maternity and paternity

Full wages during maternity leave. Paternity: 3 days per leave cycle, the cycle being 36 months.

NSSF

Employees contribute to the National Social Security Fund and are entitled to workers' compensation for work-related injuries.