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—
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1st May 2003-
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