Notice periods in South Africa: one, two or four weeks
Section 37 of the BCEA sets the minimum notice either side must give to end an employment contract. It depends on how long the employee has worked for you:
| Length of service | Minimum notice |
|---|---|
| 6 months or less | 1 week |
| More than 6 months, up to 1 year | 2 weeks |
| More than 1 year | 4 weeks |
| Farm or domestic worker, more than 6 months | 4 weeks |
BCEA s37: the rules around the table
longer by contract: allowed · shorter: only 4 weeks cut to 2 by collective agreement · employee’s notice never longer than the employer’s
Where notice goes wrong
The table is short. The mistakes are in the dates: notice handed over on the last day of leave, a resignation nobody recorded, a payout that left out the leave. Could you show the date written notice was given on your last exit?
Notice period and notice pay, worked out per employee
Free Excel calculator: enter the start date, the date notice was given and the salary, and it returns the section 37 notice period (contract period if longer) and the notice pay if you pay it out under section 38.
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- Excel
The notice period runs from the day written notice is given.
When an employee resigns
A resignation is a one-sided act: it does not need to be accepted to take effect. What matters is the date of the written notice and the notice period in the contract. From there, you have three options:
Have them work the notice
The default. Plan the handover and the final pay run for the last day.
Pay them out and let them go now
Section 38 lets you pay the remuneration for the notice period instead. If you tell someone who resigned to leave today, pay the notice: you chose to end the working period, not them.
Agree to waive it
If the employee asks to leave early and you agree, write down that both sides waived the rest of the notice. Without that note, either side can later claim the other cut it short.
Calculating notice pay
Worked example: R18,000 a month, 3 years’ service, paid out instead of worked
| Notice owed | more than 1 year, s37(1)(c) | 4 weeks |
| Weekly wage | R18,000 ÷ 4.333 (BCEA s35) | R4,154.16 |
| Notice pay | R4,154.16 × 4 | R16,616.64 |
| Plus in final pay | days worked, leave payout, any pro-rata bonus | see checklist |
Notice pay is remuneration, so PAYE applies. Accrued annual leave is paid separately on top, which the leave payout calculator works out. On a retrenchment, severance under section 41 is a third, separate amount: the retrenchment calculator adds all three.
Five notice cases, worked out
The dates and the money, for the cases people ask about.
Resigns in writing on Wednesday 10 November 2027 after three years
Four weeks’ notice runs from 10 November to Wednesday 8 December 2027; the last working day is Wednesday 8 December. Weekends and 16 December do not extend it because the period ends before the holiday.
Five months’ service, dismissed after a hearing
One week’s notice (six months or less), or one week’s pay in lieu under section 38. The dismissal still has to be fair; notice does not make it so.
Contract says one calendar month; the Act says four weeks
The contract applies because it is longer: roughly 4.33 weeks. The reverse never applies; a contract cannot give less than section 37.
Notice handed over on 20 December while the employee is on annual leave
Invalid (section 37(5)). Give it again on the first day back and the period runs from then.
Pay in lieu on R22,000 a month, four weeks
R22,000 ÷ 4.333 × 4 = R20,309.26, taxed as remuneration in the final payslip, plus the accrued leave payout as a separate amount.
Notice, leave and probation
- Not during leave. Section 37(5) prohibits giving notice during any period of leave. Wait for the employee to return.
- Leave is not notice. You may not require an employee to take annual leave during the notice period. Pay the balance out instead.
- Probation still has notice. An employee in the first six months gets at least one week. The probation guide covers the fairness steps that come before it.
- Notice is not a fair reason. Paying notice does not make a dismissal fair. A dismissal still needs a fair reason and a fair procedure under the LRA.
Five notice period mistakes
The 1997 four-week rule
Four weeks applies after one year, two weeks from six months to a year. Several older templates still say otherwise.
Deducting unserved notice
Section 34 forbids deductions without written consent or a court order.
Notice on the last day of leave
Section 37(5): any notice given during leave is invalid.
A longer period only for the employee
Any agreement that makes the employee give more notice than the employer is void on that point.
The wrong UI-19 code
Resignation is code 6. The UI-19 guide lists all of them.
Every exit has a date that decides the rest
The notice date sets the last day, the final pay, the UI-19 and the certificate of service. Synthro records the resignation or notice on the employee’s file, works out the period from their start date, and lists the exit documents still outstanding.
Frequently Asked Questions
What is the notice period in South Africa?
Under section 37 of 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 workers and domestic workers get four weeks once they have worked more than six months. A contract may require longer notice.
Is the notice period the same when an employee resigns?
Yes. Section 37 applies to whoever ends the contract. A contract may set a longer period, but no agreement may require the employee to give longer notice than the employer must give.
Can an employee resign with immediate effect?
They can leave, but without serving the notice they owe they are in breach of contract. The employer may claim damages it can prove, but may not simply deduct the notice period from final pay without written consent or a court order (BCEA section 34). Many employers agree to waive the notice instead.
Can an employer pay out the notice period instead?
Yes. Section 38 allows the employer to pay the employee the remuneration they would have earned during the notice period instead of having them work it. The notice pay is taxed as remuneration in the final payslip.
Can notice be given during annual leave or sick leave?
No. Section 37(5) of the BCEA prohibits giving notice of termination during any period of leave. An employer may also not require an employee to take annual leave during the notice period. Wait until the leave ends, or pay the leave out.
Does notice have to be in writing?
Yes. Section 37(4) requires notice in writing, except that an employee who cannot read may give notice orally, and written notice to that employee must be explained to them. An email counts. Record the date it was given, because the notice period runs from then.
What is the UIF code for resignation?
Code 6 on the UI-19. Code 2 is death and code 3 is retired, so a resignation recorded under either delays the former employee’s UIF claim.
Do weekends count in the notice period?
Yes. Notice is measured in calendar weeks from the day written notice is given, so weekends and public holidays inside the period count. Four weeks’ notice given on Monday 2 November ends on Sunday 29 November, and the last working day is the Friday before.
Can an employer reject a resignation?
No. A resignation is a one-sided act and takes effect when it is communicated, whether or not the employer accepts it. The employer can ask the employee to serve the notice, pay it out under section 38, or agree to shorten it, but it cannot refuse to let them go.
