LABOUR ACT [Chapter 28:01] (as amended) shall be deemed to be a contract without limit of time: Provided that a casual worker shall be deemed to have become an employee on a contract of employment without limit of time on the day that his period of engagement with a particular employer exceeds a total of six weeks in any four consecutive months. (4) Except where a longer period of notice has been provided for under a contract of employment or in any relevant enactment, and subject to subsections (5), (6) and (7), notice of termination of the contract of employment to be given by either party shall be— (a) three months in the case of a contract without limit of time or a contract for a period exceeding two years; (b) two months in the case of a contract for a period exceeding one year but less than two years; (c) one month in the case of a contract for a period exceeding six months but less than one year; (d) two weeks in the case of a contract for a period of six months or less or in the case of casual work or seasonal work. (5) A contract of employment may provide in writing for a single, non-renewable probationary period of not more than— (a) one week in the case of casual work or seasonal work; or (b) three months in any other case; during which notice of termination of the contract to be given by either party may be one week in the case of casual work or seasonal work or two weeks in any other case. (6) Whenever an employee has been provided with accommodation directly or indirectly by his employer, the employee shall not be required to vacate the accommodation before the expiry of a period of one month after the period of notice specified in terms of subsection (4) or (5). (7) Notwithstanding subsection (4) or (5), the parties to any contract of employment may, by mutual agreement, waive the right to notice: Provided that where the termination is at the initiative of the employer, the employee shall have a right to payment for a period corresponding to the appropriate period of notice required in terms of subsection (4) or (5). 12A Remuneration and deductions from remuneration` (1) Remuneration payable in money shall not be paid to an employee by way of promissory notes, vouchers, coupons or in any form other than legal tender. (2) Remuneration may be payable in kind only in industries or occupations where such payment is customary, and shall be subject to the following conditions— (a) any such payment shall be appropriate for the personal use and benefit of the employee and the employee’s family; (b) the value attributed to such payment shall be fair and reasonable; Re-issue (c) equipment or clothing required to protect the health and safety of the employee shall not be computed as part of the remuneration of the employee; (d) no payment shall be made in the form of liquor or drugs; (e) remuneration in kind shall not substitute entirely for remuneration in money. (3) Subject to any collective bargaining agreement, wages shall be paid at regular intervals on working days at or near the workplace. (4) Remuneration shall be paid directly to the employee except as otherwise provided by law or a collective bargaining agreement. (5) All remuneration shall be accompanied by a written statement showing— (a) the name of the employer and employee; and (b) the amount of remuneration and the period in respect of which it is paid; and (c) the component of the remuneration representing any bonus or allowance; and (d) any deductions; and (e) the net amount received by the employee. (6) No deduction or set-off of any description shall be made from any remuneration except— (a) where an employee is absent from work on days other than industrial holidays or days of leave to which he is entitled, the proportionate amount of his remuneration only for the period of such absence; (b) amounts which an employer is compelled by law or legal process to pay on behalf of an employee; (c) where an employee has received an advance of remuneration due, the amount of such advance, up to an amount not exceeding twenty-five per centum of the gross remuneration owed; (d) by written stop-order for contributions to insurance policies, pension funds, medical aid societies, building societies, burial societies and registered trade unions; (e) by written consent of an employee, for repayment of money lent by the employer on terms that have been mutually agreed to between the parties concerned; (f) an amount recovered for payments made in error. (7) The aggregate amount of permissible deductions that may be made from the remuneration of any employee in any pay interval shall not exceed twenty-five per centum of the employee’s gross remuneration for that interval: Provided that upon termination of an employee’s service, an employer may deduct from the total remuneration due to the employee an amount equal to any balance which may be due to the employer in terms of paragraph (a), (c), (e) or (f). 12B Dismissal (1) Every employee has the right not to be unfairly dismissed. (2) An employee is unfairly dismissed— - 13 - 1st May 2003-