What notice must an employer give under the BCEA?
One week if the employee has worked six months or less, two weeks if more than six months but not more than a year, and four weeks after a year. Farm and domestic workers employed for more than six months are owed four weeks.
- Legal basis
- Basic Conditions of Employment Act 75 of 1997, s37 IN FORCE
- What to do
- Notice must be given in writing, except by an illiterate employee. A contract may give more. A collective agreement may not give less, except that it may reduce the four-week period to not less than two weeks.
- When to escalate
- Check any bargaining council agreement that covers your sector.
- Sources
- Basic Conditions of Employment Amendment Act 11 of 2002, amending s37 notice periods (gov.za), s37(1) and (2) as substituted
- Basic Conditions of Employment Act 75 of 1997 (gov.za), s37(4)
