Notice & Resignation 29 May 2026 · 9 min read · Updated: 3 Jun 2026 · By Faheema Sheikh

Handing in your resignation — or receiving a retrenchment notice — triggers one of the most misunderstood provisions of South African employment law. How long must the notice be? Can your employer send you home immediately and pay you out? Can you leave early? What if your contract says three months but the BCEA only requires four weeks? This guide answers all of it, using the exact text of Section 37 of the Basic Conditions of Employment Act (BCEA), Act 75 of 1997.

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The BCEA Notice Period Table — Section 37

Section 37 sets minimum notice periods tied directly to your length of service. The longer you have been employed, the more notice both you and your employer must give:

6 months or less
1 week
minimum notice
6 months – 1 year
2 weeks
minimum notice
1 year or more
4 weeks
minimum notice

These minimums apply symmetrically — they are the minimum notice you must give when resigning and also the minimum notice your employer must give you when retrenching or dismissing you (except for summary dismissal for serious misconduct, discussed below).

Domestic and farm workers: Under Section 37(3), domestic workers and farm workers with more than 6 months of service are entitled to the full 4-week minimum notice — the same as any other employee with over a year's service. The 2-week bracket does not apply to these categories.

Contract Notice Periods — When Your Contract Says More

The BCEA minimums are a floor, not a ceiling. Your employment contract may require a longer notice period — one month, three months or even six months for senior roles — and that longer period is perfectly lawful. The rule is simple:

  • If your contract specifies a longer notice period than the BCEA minimum → the contract period applies
  • If your contract specifies a shorter period than the BCEA minimum → the BCEA minimum applies regardless
  • If your contract is silent on notice → the BCEA minimum applies

A clause in an employment contract that purports to require less notice than the BCEA minimum is void to that extent — you cannot contract out of statutory minimums.

How Notice Pay Is Calculated

Whether you are working your notice or receiving payment in lieu, the rand value of a notice period is calculated the same way. Because the BCEA measures notice in weeks, you first need to convert your monthly salary into a weekly figure:

Weekly pay = Monthly gross salary × 12 ÷ 52

Notice pay value = Weekly pay × number of notice weeks

Worked example — R25,000/month, 4-week notice period

Step Item Calculation Result
1 Monthly gross salary — R25,000
2 Annual salary R25,000 × 12 R300,000
3 Weekly pay R300,000 ÷ 52 R5,769.23
4 Notice weeks — 4 weeks
5 Total notice pay value R5,769.23 × 4 R23,076.92

This R23,076.92 is either the wages you earn during your working notice period, or the lump sum your employer pays if they elect payment in lieu. Either way it is taxed as normal remuneration under your marginal PAYE rate — not under the retirement or severance lump sum tax table.

Payment in Lieu of Notice (PILON)

An employer is not obliged to require you to physically work out your notice period. Under Section 37(2), they may elect to pay you a lump sum equal to your normal remuneration for the notice period instead of requiring attendance — this is called payment in lieu of notice (PILON).

PILON is common in several scenarios:

  • During retrenchments — the employer wants an immediate end to operations without a working notice period
  • When an employee in a sensitive role (access to clients, trade secrets or systems) needs to be off the premises immediately
  • When the employee and employer have an acrimonious parting and continuing to work together is impractical

PILON is the employer's right to exercise, not the employee's. You cannot demand to be paid out instead of working your notice unless your employer agrees. If you leave early without agreement, you are in breach of the notice obligation.

Garden Leave

Garden leave (sometimes called "gardening leave") is a situation where your employer requires you to serve your notice period away from the office — remaining on the payroll, receiving full pay, but not performing any duties. You are technically still employed, still bound by confidentiality obligations and restraint of trade clauses, but simply not working.

Garden leave is used most often with employees who have access to sensitive information, client relationships or competitive intelligence that the employer does not want them sharing with a new employer immediately. Unlike PILON, garden leave keeps the employment relationship technically alive for the duration.

Garden leave is not expressly provided for in the BCEA — it is a contractual arrangement. It is only binding if your employment contract contains a garden leave clause. Without such a clause, you could argue you have the right to attend work and perform your duties during the notice period.

What Your Employer Cannot Do During Your Notice Period

The BCEA places specific restrictions on what an employer may do once a notice period has begun:

Cannot force you to take annual leave

Section 20(5)(b) of the BCEA explicitly prohibits an employer from requiring an employee to take annual leave during a notice period. Any outstanding leave balance at the end of the notice period must be paid out in cash — it cannot be offset against the notice time.

Cannot serve notice during statutory leave

Under Section 37(5), an employer may not give notice of termination during any period of statutory leave — this includes annual leave, sick leave, maternity leave and family responsibility leave. Notice given while you are on any of these forms of leave is invalid and the notice period does not start running until you return.

Cannot reduce pay during the notice period

Your normal remuneration continues in full during the notice period. An employer who withholds pay, reduces your hours without agreement, or removes benefits during the notice period is in breach of contract and the BCEA.

Summary Dismissal — When No Notice Is Required

The notice obligation disappears in one specific circumstance: summary dismissal for serious misconduct. If an employee commits an act that makes continued employment intolerable — theft, assault, gross dishonesty, wilful damage to property — the employer may dismiss without any notice period after following a fair disciplinary process.

Summary dismissal is not a shortcut to avoid notice. The misconduct must be serious, and a fair hearing must take place first. An employer who dismisses without notice for a minor offence risks an unfair dismissal claim at the CCMA.

Notice Period Quick Reference — BCEA Section 37

Length of service Minimum notice Special categories
6 months or less1 week—
More than 6 months, less than 1 year2 weeksDomestic & farm workers → 4 weeks
1 year or more4 weeksApplies to all categories
Summary dismissal (serious misconduct)NoneFair hearing required first
Probation period1 week minimumCan be shorter than standard table; check contract

Frequently Asked Questions

How much notice must I give when resigning in South Africa?
Under BCEA Section 37, the minimum notice is: 1 week if you have been employed for 6 months or less; 2 weeks if employed for more than 6 months but less than 1 year; 4 weeks if employed for 1 year or more. Your employment contract may require longer notice — always check your contract before resigning.
Can my employer pay me instead of requiring me to work my notice?
Yes. Instead of requiring you to work during the notice period, your employer can pay you a lump sum equal to your normal remuneration for that period — this is called payment in lieu of notice (PILON). It is common during retrenchments and is taxed as normal income at your marginal PAYE rate, not under the severance pay lump sum tax table.
Can my employer force me to take annual leave during my notice period?
No. BCEA Section 20(5)(b) explicitly prohibits an employer from requiring an employee to take annual leave during a notice period. Any outstanding leave must either be taken before the notice period starts, or paid out at termination. Notice cannot be served during a period of sick leave, maternity leave or any other statutory leave either.
What happens if I resign or leave before my notice period ends?
Technically you can leave immediately, but doing so without your employer's agreement puts you in breach of your statutory or contractual notice obligation. Your employer can deduct pay for the unworked notice days from amounts owed to you (such as a leave payout), or pursue a civil claim for damages representing the cost of finding a replacement at short notice. In practice, most employers accept early departure — especially if a replacement has already been found — but you should get written agreement before leaving early to avoid a dispute.
Does a probation period affect my notice period in South Africa?
No — probationary status itself does not change your statutory notice period. The BCEA does not mention probation in Section 37; notice periods are based purely on length of continuous service (1 week for 6 months or less, 2 weeks for 6 months to 1 year, 4 weeks for 1 year or more), and Section 37(2) prevents any contract from setting a shorter period than these minimums. Because probation typically runs 3–6 months, the notice period during probation is usually 1 week simply because that's what the length-of-service formula gives at that point — not because of a separate 'probation' rule. If probation is extended past 6 months, the statutory minimum rises to 2 weeks regardless of probationary status. Some employers specify that the full 4-week notice applies from day one — check your contract.
How is notice pay calculated in South Africa?
Weekly notice pay is calculated as monthly salary × 12 ÷ 52. For a 4-week notice period on a salary of R25,000 per month: R25,000 × 12 ÷ 52 = R5,769.23 per week × 4 weeks = R23,076.92 total notice pay value. This amount is taxed as normal income.
Does my notice period affect my UIF claim?
Yes — in the case of retrenchment. If your employer pays you a PILON for your notice period, the UIF waiting period begins from the day employment actually ends. If you work out your notice, UIF contributions continue until the last working day. Either way, the notice pay itself does not count as a "UIF period" — you can apply for UIF from the first day after employment ends.
Can I negotiate a shorter notice period in South Africa?
Yes, by mutual written agreement. Both parties can agree to waive or shorten the notice period. The employer cannot unilaterally reduce it, and neither can the employee leave without either working notice or the employer's written agreement to waive it.
What is garden leave in South Africa?
Garden leave means the employer requires you to serve your notice period at home — paid but not working. You remain an employee during this period (bound by confidentiality and restraint of trade), but are not required to come to the office. It is a legal alternative to working notice in South Africa.

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Related Reading

Severance Pay in South Africa: Your Complete Guide UIF: How Much Will You Get After Retrenchment? How Many Leave Days Are You Entitled To? What is PAYE and How Does It Work in South Africa?

Disclaimer: This article is for informational purposes only and does not constitute legal or employment advice. Notice period obligations are governed by the Basic Conditions of Employment Act (Act 75 of 1997) and your individual employment contract. For advice specific to your situation, consult a registered labour lawyer or contact the Department of Employment and Labour.