LEGAL MATTERS - RESIGNATION BY JESSIE TAYLOR
Resignation
What you need to know before leaving your job
S
outh Africans may have traditionally resigned from their jobs to pursue better work opportunities or for better remuneration. But, as workplaces around the world experience increased resignation rates, it’s clear that the South African workforce is now leaving employers for flexible work structures, healthy working environments, and opportunities for personal development. But if you’re considering resigning from your job, there are a few details to consider.
NOTICE PERIOD Resignation is covered by South African legislation, and the Basic Conditions of Employment Act does not make provision for a notice period of less than one week. According to the Act, a notice period may not be less than one week if the employee has been employed for six months or less, two weeks if the employee has worked for more than six months but not more than one year, or four weeks if the employee has worked for one year or more.
50 | Public Sector Leaders | June 2023
A four-week notice period is also required if the employee is a farm worker or domestic worker who has been employed for more than six months. This means that no employment contract may allow for a notice period shorter than one week. However, if both the employer and employee agree, the notice period may be longer than the minimum. This longer notice period will need to apply to both parties.
