5 Judgment No. CCZ 2/18 Constitutional Application No. CCZ 86/15 LEGISLATIVE AMENDMENT The Legislature amended s 12 of the Act through s 4 of the Labour Amendment Act (No. 5) 2015. Section 12 of the Act provided for the duration, particulars and termination of employment contracts. In particular, s 12(4) of the Act regulated the notice periods to be given in respect of different types of employment contracts. Section 12(4) of the Act was amended by the insertion of subparas (4a) and (4b), which provide as follows: “(4a) No employer shall terminate a contract of employment on notice unless (a) the termination is in terms of an employment code or, in the absence of an employment code, in terms of the model code made under section 101(9); or (b) the employer and employee mutually agree in writing to the termination of the contract; or (c) the employee was engaged for a period of fixed duration or for the performance of some specific service; or (d) pursuant to retrenchment, in accordance with section 12C. (4b) Where an employee is given notice of termination of contract in terms of subsection (4a) and such employee is employed under the terms of a contract without limitation of time, the provisions of section l2C shall apply with regard to compensation for loss of employment.” Section 12C of the Act was repealed and substituted as follows: “12C Retrenchment and compensation for loss of employment on retrenchment or in terms of section 12(4a) (1) An employer who wishes to retrench any one or more employees shall - (a) give written notice of his or her intention (i) to the works council established for the undertaking; or (ii) if there is no works council established for the undertaking or if a majority of the employees concerned agree to such a course, to the employment council established for the undertaking or industry; or