- During the first six months of employment, employees will be entitled to at least 1 week’s notice of the termination of their services.
- After the first six months, but during the first year of employment, employees will be entitled to 2 week’s notice.
- If they have worked for more than one year, employees are entitled to 4 week’s notice.
- If an employment contract has a longer period of notice than the BCEA, the longer notice must be given and it must be the same for both the employee and the employer.
- Notice works both ways! If an employee resigns without giving the employer the correct amount of notice, for example one week, the employer can claim one week’s pay from the employee. (See: Dismissals)
- Notice must be in writing.
- Neither the employer nor the employee can give notice while the employee is on leave.
- Farmworkers and domestic workers who have been employed for more than 6 months are entitled to 4 weeks notice.
(See: Problem 2: Employee Wants to Claim Notice Pay and Leave Pay)