Is 24 hours notice legal or not?
This is a question which is quite often asked by both employers and employees.
For the majority of employees notice period is determined by the Basic Conditions of Employment Act. The Act stipulates in Section 37;
(a) one week, if the employee has been employed for four weeks or less;
(b) two weeks, if the employee has been employed for more than four weeks but not more than one year;
(c) four weeks, if the employee—
(i) has been employed for one year or more; or
(ii) is a farm worker or domestic worker who has been employed for more than four weeks.
The Act further clearly stipulates that a contract of employment may be terminated only on notice of not less than the said notice periods except “without notice for any cause recognized by law”.
Although this is specifically stipulated in both the Act and most contracts of services, the employees tend to make a habit of resigning with 24 hours notice and thereby to leave the employer with staff shortages.
This is breach of contract and the employer may take steps against the employee. Which steps he is allowed to take is determined by the contract of service.
It was regularly accepted by the employers that they have the legal right to deduct money equal to the notice period’s wages from the final payment due to the employee.
Unfortunately this is not allowed to be done except if it is agreed upon in the contract of service between the employer and the employee. If there is no such written agreement between the employer and the employee the employer is not allowed to deduct the money from the employee’s outstanding payment, meaning that he has to sue the employee civilly in terms of breach of contract.
In most cases the costs for such civil claim will be less than the money due to the employer, and the employer will rather not sue the employee.
It is important to take notice that should the employee request to resign with a shorter notice period and the employer agrees thereto, the employer will be liable to pay the employee for the part of the notice period not worked, except if there is a written agreement that stipulates that the employee is abdicating that notice period’s salary.
