The short answer
The notice period South Africa law requires depends on how long you have worked for your employer. The Basic Conditions of Employment Act (BCEA) sets three minimum periods: one week, two weeks, or four weeks. These are minimums that apply to both sides of the employment relationship, whether you are resigning or your employer is terminating your contract for a reason other than misconduct or poor performance handled through a disciplinary process.
What the BCEA actually says
Section 37 of the BCEA sets out the rule. A contract of employment can be terminated only on notice of not less than one week if the employee has been employed for six months or less; two weeks, if the employee has been employed for more than six months but not more than one year; and four weeks if the employee has been employed for one year or more, or is a farm worker or domestic worker who has been employed for more than six months.
Here is that broken into a table.
| Length of service | Minimum notice period |
|---|---|
| Six months or less | One week |
| More than six months, up to one year | Two weeks |
| One year or more | Four weeks |
| Farm worker or domestic worker, employed more than six months | Four weeks |
Note that farm workers and domestic workers move straight to the four-week notice period once they pass the six-month mark, rather than going through the two-week middle tier that other employees get.
Can this be shortened or lengthened?
A collective agreement may not permit a notice period shorter than what section 37 requires, but a collective agreement may permit the four-week notice period to be reduced to not less than two weeks. So a bargaining council agreement in your sector could bring the four-week period down to two weeks, but nothing can go below the one-week or two-week minimums for shorter-service employees.
There is nothing stopping an employer and employee agreeing to a longer notice period in an individual contract. Many professional and management contracts specify one month or three months’ notice regardless of length of service. That contractual notice period is enforceable as long as it is not shorter than the BCEA minimum for that person’s length of service. If your contract says one month and you have worked there for three years, you owe a month, not four weeks, because the contract terms take over once they exceed the legal floor.
Notice must be in a specific form
The notice must be in writing, except for a worker who can’t write, in which case verbal notice is acceptable. Notice should also state the day it starts and the day it ends.
Payment instead of working notice
Neither side has to work through the notice period if the employer chooses otherwise. Instead of giving an employee notice in terms of section 37, an employer may pay the employee the remuneration the employee would have received if the employee had worked during the notice period. This is often called pay in lieu of notice. It means an employer can end your employment immediately and simply pay out the notice period in cash, rather than having you work out the weeks.
If you live in accommodation supplied by your employer
Farm workers, domestic workers and others who live in housing owned by their employer get an extra protection. If you live in premises owned by your employer, you must be given one month’s notice to leave or be given another place to live until the contract is lawfully ended. This runs separately from the standard notice-of-termination period and exists because losing your job and your home on the same day is a much harder blow than losing just the job.
Who this chapter does not cover
The notice rules in Chapter Five of the BCEA do not apply to everyone. This chapter does not apply to an employee who works less than 24 hours in a month for an employer. If you work only a handful of hours a month for a particular employer, this section falls away and other arrangements between you would apply instead.
Notice period versus severance pay
Notice period and severance pay are different things and often get confused. Notice period is what you or your employer must give before the employment relationship actually ends. Severance pay is a separate payment owed only when you are dismissed for operational reasons, such as retrenchment, calculated at least one week’s severance pay for every year of continuous service. If you resign, you are not entitled to severance pay, only the correct notice period. If you are retrenched, you are entitled to both your notice period (or pay instead of it) and severance pay.
What to do if notice is disputed
If your employer refuses to give you the correct notice, or is deducting money from your final pay without cause, your first step is a written request to HR or management referencing section 37 of the BCEA. If that goes nowhere, you can approach the CCMA or your nearest labour centre for advice on lodging a dispute. Keep your contract, payslips and any termination letter, since these documents settle exactly how long you were employed and what notice period applies.
Where to check officially
The Department of Employment and Labour publishes the full BCEA text and guidance on termination of employment. For disputes over notice pay or unfair dismissal, contact your nearest Department of Employment and Labour office or the CCMA. Check the department’s website for the current contact details of your regional labour centre before you go in person.
