Page 25 - DRG HR HANDBOOK- Nikita Pillay

NOTICE OF

TERMINATION:

RESIGNATION

n terms of the Basic Conditions of Employment employee may have for improving the services and
Act 75 of 1997 (“BCEA”), a contract of employment operations of the company.
I is terminable by a party to the contract on giving
The exit questionnaire is not a legal requirement, but it
notice of not less than the following time:
is best HR best-practice and can assist in any retention
ƒ one (1) week, if the employee has been employed for strategy as the feedback will identify if there are any
six months or less; particular HR issues and trends as to why employees
are leaving that need to be addressed within the
ƒ two (2) weeks, if the employee has been employed for
company. Upon leaving, all relevant documentation
more than six months but not more than one year;
can be collected from the HR Department. Such
ƒ four (4) weeks, if the employee has been employed for
documents will be the Certificate of Service, UIF
one year or more.
Form//UI19, Final Salary Payslip, copies of Provident

Employees wishing to exit the company by means of Fund and Medical Aid exit forms (where applicable).
a resignation, need to provide the company with a
NOTICE PERIOD – PAYMENT
letter, which clearly states that they are resigning.
Should the employer not require for the employee
Other containing details should be:
to work the notice period, the employer may pay the
ƒ the date that it will be effective from,
employee the remuneration the employee would have
ƒ the last day of employ, received, calculated in accordance if the employee
had worked during the notice period.
ƒ the reason for resigning (not compulsory to state)
If an employee gives notice, and the employer waives
This letter is important to avoid any confusion later
any part of the notice, the employer must pay the
should an employee claim that they were dismissed,
remuneration for the notice period that the employee
when according to the Employer, they resigned but did
would have served.
not supply a resignation letter. The burden of proof is
If the employee gave notice and failed to work any
obviously difficult in a case such as this.
part of the notice period, the employer is allowed
EXIT INTERVIEWS to remunerate the employee only up to the last day

worked by the employee.
All employees leaving the company are ideally
required to attend an exit interview and complete an Should the employment contract state that any
exit questionnaire. The purpose of this interview is to part of notice not worked will be deducted
better understand the employee’s reasons for leaving from the employee’s final salary, then this
the company and to understand any suggestions this becomes enforceable.
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