Page 57 - Nexia SAB&T Business in South Africa Guide 2024

However, the BCEA requires that “written particulars of employment” be given to
the employee, which imposes a duty on the employer to provide the employee
with certain information in writing, and the BCEA requires that these written
particulars be retained for 3 years after termination of the employment. Terms
and conditions cannot be changed unilaterally by one party, however they may
change by operation of law.
Notice Periods
The employer or employee may give notice to terminate the employment
relationship by giving the written statutory, agreed or reasonable notice to the
other party. Where an employee is illiterate, the notice must be given verbally
as well. Any employee who works for more than 24 hours per month for the
employer is entitled to notice in terms of his/her contract, or if no contract exists,
then to the legal minimum as follows:

Period of Service Written Notice Requirement
6 Months or less 1 Week*
6 to 12 Months 2 Weeks*
12 Months + *4 Weeks**
*cannot be reduced by agreement
**A collective agreement may reduce the 4 week notice period to
not less than 2 weeks
If the employer complies with these statutory minimum periods or agreed notice
period (contained in a contract), the notice given will be lawful. Notice cannot
run concurrently with any period of annual, maternity or family responsibility
leave. Employers may decide to waive the notice period, but the worker must still
be paid for the notice period. Workers who live on the premises of the employer
may stay in the accommodation for 1 month if the employer ends the contract of
employment prematurely.
Dismissal
The LRA grants employees protection against unfair dismissal. A dismissal must
be both substantively and procedurally fair. The three main grounds for dismissal
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