TERMINATION OF EMPLOYMENT OF WORKMEN (ACT NO 45 OF 1971 AS AMENDED BY NO 04 OF 1976, 51 OF 1988 12 of 2003 (SPECIAL PROVISIONS)
This act was passed in the year 1971. It deals with termination of employment in the following circumstances.
Where the employee is medically unfit to perform his duties in terms of his contract,
In situations of redundancy, closing down businesses
When retirement is not covered by the contract of employment or collective agreement.
The act provides that no employer shall terminate the schedule employment of any workman without:
Prior consent in writing of the workman or,
Prior written approval of the Commissioner of Labour
This Act has no bearing to the following categories
- A workman not in a scheduled employment,
- An employer by whom less than 15 workmen on an average have been in employment during the preceding six months,
- Termination of any workman employed for a period of less than one year,
- When the termination is by way of retrenchment in accordance with a collective agreement or contract of any employment which stipulates the age of retirement,
- When the government is the employer or an employer whose capital is wholly provided by the government,
- When local government authority, co-operative society, public corporation is the employer,
- Termination of any workman, who has been employed by any employer in contravention of the provisions of any law for the time has been in force
- Employees who have voluntarily resigned from employment
- Employees engaged in illegal business.