The proviso to section 12(2) states that either party has the right to waive his right to notice.
If an employer is carrying out a retrenchment, it is the employee who has the right to notice.
Length of notice should be stated in writing in the contract of service. If there is no provision, then it should be as follows:-
- Less than 2 years service: 4 weeks
- More than 2 years but less than 5 years: 6 weeks
- More than 5 years: 8 week
Amount of termination or lay-off benefits payment:
- Less than 2 years service: 10 days' wages for every year of employment
- More than 2 years but less than 5 years: 15 days' wages for every year of employment
- More than 5 years: 20 days' wages for every year of employment
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