The BCEA sets minimum notice and leave conditions, and contracts may improve on them but not reduce them.
Notice periods, Section 37
- One week if employed six months or less
- Two weeks if employed more than six months but less than one year
- Four weeks if employed one year or more
Your employment contract may require longer — always check before resigning.
It applies both ways
The same periods apply whether you resign or are dismissed.
Payment in lieu
Instead of requiring you to work the notice period, your employer can pay a lump sum equal to your normal remuneration for that period. This is known as PILON.
Dismissal without notice
An employer who dismisses without notice for a minor offence risks an unfair dismissal claim at the CCMA.
The 21.67 divisor
Leave payouts use a specific formula: remaining leave days × (monthly salary ÷ 21.67).
The 21.67 represents the average working days in a month. Using 30 as the divisor understates the value of each leave day.
It is worth checking which divisor your employer used.
Leave is paid out regardless of reason
Accrued but untaken annual leave must be paid at your normal daily rate on termination, whether you were retrenched, resigned, or were dismissed.
Sectoral determinations
Certain sectors have determinations setting conditions above the BCEA minimums. Sectoral Determination 14 covers hospitality, for example.
If one applies to your sector, it may give you more than the general Act.
What to check
- That your notice matches your service length or your contract, whichever is longer
- That the leave payout used 21.67, not 30
- Whether a sectoral determination covers your work
- That the remuneration figure includes your allowances
Where to raise a problem
The CCMA, or the Department of Employment and Labour for statutory breaches.