Notice Periods in South Africa (BCEA s37)

How much notice you are owed, or must give, when an employment contract ends depends on how long you have worked there. Section 37 of the Basic Conditions of Employment Act sets a sliding scale, with different rules for farm and domestic workers and a narrow exception for collective agreements.

This guide is general legal information, not legal advice. For advice on your own situation, consult an attorney, or contact Legal Aid South Africa (0800 110 110) if you cannot afford one.

Information last verified on 23 July 2026. This page addresses the statutory minimum notice periods under the Basic Conditions of Employment Act as amended in 2002.

The Notice Period Scale

Section 37(1) of the Basic Conditions of Employment Act, as amended in 2002, sets these minimum notice periods:

Note the difference from the original 1997 wording of the Act: the thresholds used to be measured in weeks, with four weeks as the first cutoff, but the 2002 amendment changed them to months, so an employee only reaches the two-week tier after six months, not four weeks, of employment. A farm or domestic worker is entitled to the full four-week notice period once they have worked more than six months, rather than waiting for a full year like other employees.

Reducing Notice by Collective Agreement

A collective agreement may not shorten any of the minimum notice periods in section 37(1), with one narrow exception: it may reduce the four-week notice period that applies once an employee has a year or more of service, but not below two weeks. No collective agreement can shorten the one-week or two-week tiers, and none can shorten the four-week farm or domestic worker rule.

Notice Must Be in Writing

Section 37(4) requires notice of termination to be given in writing, except when an illiterate employee gives the notice. Where notice is given to an employee who cannot understand it, for example due to a lack of literacy, the employer must explain the notice orally in a language the employee understands.

Your Notice Can Never Be Longer Than Your Employer's

The Act prevents a contract from imposing a longer notice period on the employee than the employer itself must give under the same contract. In practice, an employment contract that specifies a longer notice period must apply that same length symmetrically to both sides, at least down to the statutory minimum owed by the employer.

Payment in Lieu of Notice

Section 38(1) allows an employer to pay an employee instead of requiring them to work the notice period. The payment is calculated under section 35, as if the employee had worked through the notice period, meaning ordinary remuneration for that period rather than a reduced amount.

Notice Is Separate From Severance Pay

Notice pay under section 37 or 38 is a different entitlement from severance pay under section 41, which applies only to dismissals for operational requirements or an insolvency triggered termination. Where both apply, severance pay is owed in addition to notice pay, not instead of it. See retrenchment and severance pay for the severance formula.

Because notice, severance and leave pay can all apply on the same termination, our South Africa notice period checker works out the minimum notice owed for a given length of service in a few seconds.

Related Reading

For what makes a dismissal fair, and what remedies are available if it is not, see unfair dismissal in South Africa. For the CCMA process where a dispute over notice or dismissal needs to be referred, see how to refer a dispute to the CCMA. The South Africa labour law section links every guide in this series, and the South Africa Laws hub covers the wider site.

Frequently Asked Questions

How much notice am I entitled to in South Africa?

Section 37(1) of the Basic Conditions of Employment Act sets a sliding scale: one week if you have been employed for six months or less, two weeks if employed for more than six months but not more than a year, and four weeks if employed for a year or more. Farm and domestic workers get four weeks once employed for more than six months.

Can my employer give me less notice than the law requires?

No. Section 37(1) sets minimum notice periods that cannot be reduced by contract. A collective agreement can reduce only the four-week notice period for employees with a year or more of service, and not below two weeks.

Does notice have to be given in writing?

Yes, under section 37(4), except where an illiterate employee is the one giving the notice. Separately, an employee who receives a notice they cannot understand must have it explained orally, by or on behalf of the employer, in a language they reasonably understand.

Can my employer pay me instead of letting me work my notice period?

Yes. Section 38(1) allows an employer to pay the employee instead of requiring them to work the notice period, calculated under section 35 as if the employee had worked through it.

Do retrenched employees get notice pay as well as severance pay?

Yes. Notice pay under sections 37 and 38 applies to any termination of an employment contract. Severance pay under section 41 applies only to dismissals for the employer's operational requirements or certain insolvency terminations, and is owed in addition to notice pay, not instead of it.

Can I be required to give my employer more notice than my employer gives me?

No. The Basic Conditions of Employment Act does not allow an employee's required notice period to be longer than the notice period the employer must give under the same contract.