Rules
that apply with Termination of service
Notice Period:
Worker employed for… |
Notice Period |
6 months or less |
1 week |
More than 6 months, but less than 1 year |
2 weeks |
1 year or more |
4 weeks |
Unless :
·
A collective agreement has reduced the 4 week notice period to no less
than two weeks.
·
The
employment contract stipulates a longer notice period
Notice
must be given in writing
Any
notice either by the employee or the employer must be in writing except
where the employee is illiterate. Where an employee does not understand
the notice this must be explained to them in an official language that
they understand
Notice
cannot be given or run concurrently
· During
any period of annual leave
· During
any period of sick leave
The
principal her is that employers won’t force their employees to take annual
leave and so avoid having to pay the employee for the outstanding leave.
It is also to protect the employer from employees taking unnecessary sick
leave and so avoid coming to work. So use your management discretion when
dealing with this issue.
Example:
if an employee (a habitual sick leave user) takes sick 2 days sick leave
in their notice period and does not bring a doctors certificate you may
want to consider making this unpaid leave.
However I would advise you to consult a labor consultant before making any
decisions.
Pay Instead of Notice
Employers may decide to waive the notice period, but the worker must still
be paid for the notice period. Should the employee not work their full
notice then the days not worked may be deducted from the notice pay.
Notice and Accommodation
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.
Certificate of service
On
termination of employment an employee is entitled to a certificate of
service stating—
(a)
The
employee’s full name;
(b)
The name and address of the employer;
(c)
A
description of any council or sectoral employment standard by which the
employer’s business is covered;
(d)
The
date of commencement and date of termination of employment;
(e)
The
title of the job or a brief description of the work for which the employee
was employed at date of termination;
(f)
The remuneration at date of termination; and
(g)
If the
employee so requests, the reason for termination of employment
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