Notice Periods in South Africa (2026/2027)
The Basic Conditions of Employment Act (BCEA) requires both employers and employees to give written notice before terminating employment. The minimum notice period depends on how long the employee has been working for the employer.
For employees with less than 6 months of service, the minimum notice period is 1 week. For those employed between 6 months and 1 year, the minimum is 2 weeks. Employees with 1 year or more of service are entitled to at least 4 weeks notice.
An employment contract may provide for a longer notice period than the BCEA minimum, but it cannot stipulate a shorter period. For example, a contract may require 1 month, 2 months, or even 3 months notice for senior positions. The agreed contractual notice period takes precedence over the BCEA minimum, provided it is longer.
Either the employer or employee may choose to pay the equivalent of the notice period salary instead of requiring the other party to work through the notice period. This is known as "payment in lieu of notice." The amount equals what the employee would have earned during the notice period.
Frequently Asked Questions
What is the notice period in South Africa?
The BCEA sets minimum notice periods: 1 week if employed for less than 6 months, 2 weeks if employed between 6 months and 1 year, and 4 weeks if employed for 1 year or more. Contracts may specify longer periods but cannot require less than these minimums.
Can an employer pay instead of notice?
Yes, an employer can pay the employee in lieu of notice. The amount equals what the employee would have earned during the notice period. This is common in situations where the employer wants the employee to leave immediately, such as in cases of redundancy.
Does the notice period include weekends?
Yes, the BCEA notice period is measured in calendar weeks, which includes weekends and public holidays. A 4-week notice period equals 28 calendar days, not 20 working days.
What happens if I don't give notice?
If an employee resigns without giving the required notice, the employer may deduct the equivalent pay from the employee's final payment. Similarly, if an employer dismisses an employee without proper notice (and not for misconduct), the employer must pay the employee in lieu of notice.
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