2.35 Resignation

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A Letter of Resignation from the employee to the employer. In the absence of an agreement between employee and employer, the provisions of Section 37 of the BCEA (See summary Form 2.7) must be complied with.
Section 37 states: ?Notice of termination of employment – Subject to section 38, a contract of employment terminable at the instance of a party to the contract may be terminated only on notice of not less than –
one week, if the employee has been employed for four weeks or less;
two weeks, if the employee has been employed for more than six months but not more than one year; four weeks, if the employee –
(i) has been employed for one year or more; or
(ii) is a farm worker or domestic worker who has been employed for more than four weeks?.
Section 38 states: ?Payment instead of notice –
(1) Instead of giving an employee notice in terms of Section 37, an employer may pay the employee the remuneration the employee would have received, if the employee had worked during the notice period.
(2) If an employee gives notice of termination of employment, and the employer waives any part of the notice, the employer must pay the remuneration referred to in subsection (1), unless the employer and employee agree otherwise?.