What is the notice period when you resign?

The minimum notice period when you resign is set by the Basic Conditions of Employment Act 75 of 1997 (BCEA). It is one week if you have been employed for six months or less, two weeks if you have been employed for more than six months but not more than one year, and four weeks if you have been employed for more than one year. Farm workers and domestic workers are entitled to four weeks once they have worked for more than six months.

The same table applies whether you resign or your employer dismisses you, and it is a floor, not a ceiling. Your contract can require you to give more notice. It cannot require less.

The notice table at a glance

If you are unsure what your last working day should be, our notice period calculator will work the dates out for you.

When your contract says something different

Many employment contracts say "one calendar month". That is longer than the BCEA minimum, so it is valid and it is what you must give. A contract or a collective agreement can lengthen notice, and a collective agreement can adjust the arrangement in ways an individual contract cannot, but nothing can take you below the statutory floor.

Watch out for two common contract clauses:

• Notice tied to a calendar month. If notice runs to the end of a calendar month, resigning on the 3rd usually means you work until the end of the following month. Read the clause before you hand in the letter.
• A longer notice for senior staff. Three month notice periods are common for executives. They are enforceable, though a court will not force you to keep working. See the section on walking away below.

How to give notice properly

1. Put it in writing. The BCEA requires notice to be in writing unless you are unable to write. An email is fine unless your contract says otherwise. Keep a copy and keep proof it was delivered.
2. Date it and say your last working day. Notice runs from the day after you give it, so a week's notice given on a Tuesday ends on the following Tuesday.
3. Hand it to the right person. Your manager and HR. If you only tell a colleague, you may struggle to prove you gave notice at all.
4. Do not resign in anger in a meeting. A resignation given in the heat of the moment can be hard to take back. Ask for time, go home, and decide.

Notice cannot run at the same time as sick leave, and it may not run at the same time as any period of leave except annual leave taken by agreement. In practice that means your employer cannot force your notice period to be swallowed by your sick leave.

Can you pay your notice out instead of working it?

Yes, if your employer agrees. The BCEA allows notice to be paid instead of worked, and by agreement you can be released early. Many employers prefer this where you are going to a competitor.

Two points to be careful about:

• If you want to leave early and your employer does not agree, you are the one in breach, and the employer may deduct or claim the value of the unworked notice. A deduction from your final pay generally needs your agreement or another lawful basis, so ask for the deduction to be explained in writing.
• If your employer pays you out and tells you not to come in, that is usually lawful and you keep the full notice pay. Being paid in lieu of notice is not the same as being dismissed.

Garden leave, where you stay employed but stop working, is common where a restraint of trade is in play.

What you should be paid at the end

On termination you should receive:

• your salary up to your last day
• notice pay, if any part of the notice is paid rather than worked
• any annual leave that has accrued and not been taken, which must be paid out
• anything else your contract provides for, such as a pro rata bonus or outstanding commission

You should also get a certificate of service and the documents you need for the Unemployment Insurance Fund. Note that if you resign voluntarily you generally cannot claim ordinary UIF unemployment benefits, because those are aimed at people who lost work rather than chose to leave.

What happens if you just walk out

Leaving without giving or working your notice is a breach of your contract. Your employer cannot force you back to work, but it can:

• claim the actual loss caused by your sudden departure, which usually means the cost of a temporary replacement
• withhold or claim the notice value, subject to the rules on deductions
• give you a factual reference that says you left without notice

In practice employers often do nothing, but do not count on it, and never rely on a colleague's story about someone who "just left and nothing happened".

Resigning to avoid a disciplinary hearing

Resigning does not automatically stop a disciplinary process, and it does not erase what happened. If you are facing a hearing, get advice before you resign, because resigning usually gives up your right to claim unfair dismissal. If you are resigning because the workplace has become impossible, read What is constructive dismissal? first. That claim is difficult and the way you resign matters a great deal.

If there is a dispute about your final pay

Ask for a written breakdown first. If your employer will not pay what is due, you can approach the Department of Employment and Labour, or a bargaining council if one covers your sector, or the CCMA on 0861 16 16 16. Referring a dispute costs nothing. If you cannot afford advice, Legal Aid South Africa is on 0800 110 110.