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Labour and employment law |
This department provides wide-ranging services, including the following:
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1.
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What happens if an employee has exhausted his/her sick leave for the statutory three-year cycle, as well as his/her annual leave for the current cycle, and informs the employer that he/she must undergo an operation and will be unable to attend work for two weeks? |
There will be no legal obligation on the employer to pay the employee and the two week period that the employee will not be able to attend work may be treated as unpaid leave.
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2.
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How much notice must an employee give to his/her employer if the employee wishes to resign and the employment agreement made no provision regarding a notice period for resignation? |
During the employees’ first six months of employment, the statutory notice period is one week. During the second six months of employment, it is two weeks, and thereafter it is four weeks.
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3.
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What happens if an employment agreement stipulates that the employee must give one month’s notice of resignation, but the employee tendered his/her resignation on less than one month? |
The employee repudiated the employment agreement and will be in breach of the employment agreement. The employer may accept the repudiation and institute a damages claim against the employee, or the employer may reject the repudiation and keep the employee to the employment agreement.
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4.
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Is a retrenched employee entitled to severance pay? |
Yes, the minimum severance pay is one week salary for every completed year of service.
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5.
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Can an employee take annual leave during his/her notice period? |
No. According to Section 20(5)(b) of the Basic Conditions of Employment Act, the employer may not require or permit an employee to take annual leave during any period of notice of termination of employment. In terms of the Act, an employee is accordingly prohibited from taking leave during his/her period of notice on resignation, and the employer is prohibited from compelling the employee to take leave during any period of notice.
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Labour Law 