Notice Period Calculator South Africa

Find out your minimum notice period under BCEA Section 37, for resignation or retrenchment. Includes notice pay value and last working day estimate.

How much notice must I give when resigning in South Africa?

Under the BCEA, statutory minimum notice is 1 week if employed 6 months or less; 2 weeks if employed more than 6 months but less than 1 year; 4 weeks if employed 1 year or more. Employment contracts may specify longer notice, which then applies instead of the BCEA minimum.

This calculator works out your statutory minimum notice period under the BCEA, the rand value of that notice, and your estimated last working day, whether you're resigning, being retrenched or managing an employee's exit.

Enter Your Details

Used to calculate notice pay value
Affects the BCEA notice calculation
Full years only
e.g. 3 years and 5 months, enter 5 here
0 = use BCEA minimum only
The day you hand in or receive notice
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Enter your salary and length of service to calculate your notice period and pay value.

How to Use This Calculator

Enter your salary and employment type

Enter your monthly gross salary and select standard, domestic or farm worker. This affects which BCEA notice tier applies.

Enter your length of service

Enter completed years and any additional months with your current employer. The calculator applies the correct BCEA Section 37 notice tier automatically.

Select your contract notice period, if longer

If your employment contract specifies a longer notice period than the BCEA minimum, select it. The longer of the two always applies.

Enter your notice date to see your last working day

Notice pay = monthly salary × 12 ÷ 52 × notice weeks. Your last working day is calculated using 7 calendar days per week, counted from the day after you give notice.

Notice periods in South Africa: what the BCEA says

Notice periods in South Africa are governed by Section 37 of the Basic Conditions of Employment Act (BCEA). This section applies to all terminations of employment, whether the employee resigns, is retrenched or is dismissed for any other reason. It sets the minimum notice that either party must give the other before the employment relationship ends.

A critical point many employees miss: the BCEA notice period applies equally to both the employer and the employee. If your contract says you must give 4 weeks notice, your employer must also give you 4 weeks notice before terminating your employment. Section 37(3) is explicit on this: no agreement may require you to give a longer period of notice than your employer is bound to give you.

The BCEA minimum notice table

Length of service Minimum notice (standard employee) Domestic / farm worker
6 months or less1 week1 week
More than 6 months, less than 1 year2 weeks4 weeks
1 year or more4 weeks4 weeks

Note that domestic workers and farm workers who have been employed for more than 6 months are entitled to 4 weeks notice, the same as an employee with over 1 year of service. This provides extra protection for workers in these sectors.

The Act's own wording technically overlaps at exactly one year of service: Section 37(1)(b) covers "more than six months but not more than one year" (2 weeks) and Section 37(1)(c) covers "one year or more" (4 weeks). This calculator treats exactly one year as the full 4-week minimum, the safer reading for the employee.

Notice must be in writing, with one exception

Section 37(4)(a) requires notice of termination to be given in writing, except when the notice is given by an illiterate employee, who may give it verbally. Section 37(4)(b) adds the reverse protection: if an employee who receives notice cannot understand it, the employer must have it explained to them orally, in an official language the employee reasonably understands. This is a common gap in resignation letters and dismissal notices alike, and it is a real requirement, not just good practice.

Step-by-step notice period calculation

An employee earns R22,000 per month, has worked for 3 years and 5 months and hands in their resignation on 1 June 2026. Their contract specifies no additional notice period beyond the BCEA minimum.

Step 1: determine the BCEA notice tier

/* 3 years 5 months = more than 1 year → 4 weeks notice */ BCEA minimum = 4 weeks

Step 2: calculate weekly rate

R22,000 × 12 ÷ 52 = R5,076.92 per week

Step 3: calculate notice pay value

R5,076.92 × 4 weeks = R20,307.69 notice pay

Step 4: calculate last working day

/* BCEA: a "week" = 7 calendar days, not 5 working days; Interpretation Act s4: the day notice is given is not counted */ 1 June 2026 + 4 weeks (28 calendar days, starting the day after notice is given) = 29 June 2026
ItemResult
Length of service3 years 5 months
BCEA notice tier1 year or more → 4 weeks
Weekly rateR 5,076.92
Notice pay (4 weeks)R 20,307.69
Notice start1 June 2026
Last working day29 June 2026

Payment in lieu of notice

Section 38(1) of the BCEA lets an employer pay an employee instead of requiring them to work their notice period. The payment must equal the remuneration the employee would have earned had they actually worked through the notice period, calculated the same way as normal pay under Section 35. This is known as payment in lieu of notice.

Payment in lieu of notice is common during retrenchments, where the employer wants the employee to leave on the retrenchment date rather than work a further 4 weeks. It is also used when an employee has access to sensitive information that the employer does not want them to continue accessing during a notice period. If it's the employee who resigns and the employer waives part of the notice period, Section 38(2) still requires that waived portion to be paid out, unless employer and employee agree otherwise.

Importantly, notice pay is taxed as normal income at your marginal PAYE rate, whether worked or paid in lieu. It does not qualify for the favourable retirement lump sum tax treatment that applies to the severance component of a retrenchment package. Use our severance pay calculator to work that out separately.

Contract notice periods: when they override the BCEA

Many employment contracts specify notice periods longer than the BCEA minimum, particularly for managerial, professional or senior roles. Common examples are 1 month, 2 months or 3 months notice. These contractual periods are valid and binding on both parties.

A few critical rules apply when a contract specifies a longer notice period:

  • The longer period must apply equally to both the employer and the employee. The employer cannot require 3 months notice from you while only giving you 4 weeks
  • A contract can never reduce the notice period below the BCEA minimum, only increase it
  • By agreement, a collective agreement may reduce the 4-week notice to no less than 2 weeks, but this requires a formal collective agreement, not just an individual employment contract

Can you be given notice during leave?

No. BCEA Section 37(5)(a) prohibits an employer from giving notice of termination during any period of leave to which the employee is entitled under Chapter Three of the Act. This includes annual leave, sick leave, maternity leave and family responsibility leave. The Act does not say what happens to a notice given in breach of this rule, so if this happens to you, object to your employer in writing straight away.

Section 37(5) only governs notice given under Section 37 itself. The Labour Court has held it does not stop a dismissal that follows a disciplinary hearing held while the employee is on leave, because that dismissal is "for a cause recognised by law" under Section 37(6)(b) (Raleie v CCMA [2021] ZALCJHB 409), though holding the hearing while the employee is on medical leave can still make the dismissal procedurally unfair under the Labour Relations Act.

A separate rule in Section 37(5)(b) covers what happens if notice was already validly running before the leave started: that notice may not run concurrently with annual leave, maternity leave or family responsibility leave, so those days effectively pause the notice clock. Sick leave is the one exception. If an employee already serving notice then takes sick leave, the notice period keeps running through it rather than being extended, unlike every other type of Chapter Three leave.

An employer also may not require or permit an employee to take annual leave during the notice period, under Section 20(5)(b), and the Act states no exception. This is one of the more frequently violated BCEA provisions, particularly at year-end when employers try to run out employees' leave during their notice period.

What happens if you don't serve your full notice period?

If you resign but don't work your full statutory or contractual notice period, your employer cannot simply deduct the shortfall from your final pay. Section 34 of the BCEA prohibits deductions from remuneration unless you've consented in writing, or the deduction is required by law, a court order, an arbitration award or a collective agreement, and an unserved notice period isn't one of those listed grounds.

Some employers ask departing employees to sign a written consent to a deduction; without that consent, their only real remedy is a civil claim for damages, and even then they'd need to prove an actual quantified loss, such as the cost of an emergency temporary replacement. If your employer terminates you without requiring you to work notice (a common practice to protect sensitive information or client relationships), you're still entitled to be paid for the full notice period even though you don't physically work it.

What counts toward your notice pay: the Section 35(5) exclusions

Notice pay is calculated the same way as ordinary pay under BCEA Section 35, and Section 35(5) specifically sets out what "remuneration" includes and excludes for this purpose. It includes your basic salary and the cash value of any payment in kind you'd otherwise receive. It excludes gratuities, any allowance paid specifically to enable you to work (a travel or cellphone allowance, for example), and discretionary payments not tied to your hours of work or performance, such as an occasional ex-gratia bonus. If your "gross salary" includes items like these, your actual statutory notice pay may be lower than a simple gross-salary calculation suggests. This calculator uses the salary figure you enter as the base, so enter your basic salary plus any guaranteed, non-discretionary allowances for the most accurate result.

Frequently Asked Questions

How much notice must I give when resigning in South Africa?
Under BCEA Section 37, the minimum is 1 week for 6 months or less of service; 2 weeks for more than 6 months but less than 1 year; 4 weeks for 1 year or more. Domestic and farm workers skip the 2-week tier: they get 1 week for 6 months or less of service, the same as everyone else, but qualify for the full 4-week minimum once they've worked more than 6 months, even if they haven't yet reached a full year. Your employment contract may require more; the longer of the BCEA minimum and your contract period applies, so always check your contract before submitting your resignation.
Can my employer pay me instead of working my notice period?
Yes. Under BCEA Section 38(1), payment in lieu of notice allows your employer to pay you the cash equivalent of your notice period and release you immediately. This is taxed as normal income, not as a lump sum. Alternatively, an employer can place you on 'garden leave', where you're paid to stay away from work for the notice period without performing duties. Both are common during retrenchments or when an employer wants an immediate exit.
What happens if I resign without giving proper notice?
Your employer cannot withhold salary you've already earned. However, they can pursue a civil claim for damages caused by your failure to serve notice, for example the cost of emergency temporary replacements. In practice this is rare, but it's a real legal risk, especially for senior or specialised roles. An employer can also seek a court order requiring you to serve notice, though courts are reluctant to force continuation of an employment relationship.
Can my employer give me notice while I am on sick leave?
No. BCEA Section 37(5)(a) prohibits an employer from giving notice of termination during any period of leave the employee is entitled to. The Act does not say what happens to a notice given in breach, so object in writing straight away. Section 37(5) governs notice under Section 37 only: the Labour Court has held it does not stop a dismissal for a cause recognised by law under Section 37(6)(b), such as one after a disciplinary hearing held while the employee is on leave (Raleie v CCMA [2021] ZALCJHB 409), though a hearing during medical leave can still be procedurally unfair.
Is notice pay taxed in South Africa?
Yes. Notice pay is treated as normal income and taxed at your marginal PAYE rate, whether worked or paid in lieu. It does not qualify for the favourable lump sum tax treatment that applies to the severance pay portion of a retrenchment package.
Is two weeks' notice 10 working days or 14 calendar days?
Under the BCEA, a 'week' means 7 consecutive calendar days, not 5 working days. So 2 weeks' notice is 14 calendar days, not 10 working days, and 4 weeks' notice is 28 calendar days, not 20 working days. This distinction matters when calculating your last working day and the cash value of notice pay.
Is the notice period different for employees on probation?
No. Section 37 of the BCEA never mentions probation; notice depends purely on continuous service: 1 week for 6 months or less, 2 weeks for more than 6 months but less than 1 year, 4 weeks for 1 year or more. Standard probation of 3 to 6 months falls inside the first 6 months, so notice during it is usually 1 week by the service formula, not a probation rule; past 6 months the minimum becomes 2 weeks. These are Section 37(1) minimums: a contract cannot require you to give longer notice than your employer must give you (Section 37(3)), and the Labour Court confirmed they apply during probation (Labournet Payment Solutions v Vosloo [2009] ZALC 75).
Can an employer extend my notice period beyond the BCEA minimum?
Yes, but only by mutual written agreement. An employer cannot unilaterally extend your notice period beyond the statutory minimum without your consent. Many senior roles have notice periods of 1-3 months written into the employment contract, and these longer periods are enforceable because they were agreed upfront in writing.
Does sick leave pause a notice period that's already running?
No, and this is the one exception to how notice interacts with leave. Under BCEA Section 37(5)(b), notice already running may not run concurrently with annual leave, maternity leave or family responsibility leave, so those days effectively pause the notice clock. Sick leave is specifically excluded from that rule, so if an employee already serving notice then goes on sick leave, the notice clock keeps ticking and their last working day does not move. This is separate from Section 37(5)(a), which prohibits an employer from starting notice while an employee is already on any type of leave, sick leave included.
Is the day I give notice counted?
No. Section 4 of the Interpretation Act 33 of 1957 leaves out the first day and counts the last when a law prescribes a number of days, so this calculator starts counting the day after notice is given. Notice given on 1 June 2026 for 4 weeks ends on 29 June. The section also moves a last day that falls on a Sunday or public holiday to the next day that is neither. The calculator does not apply that carve-out, so check the date it shows against a calendar.
How do I calculate one month's notice?
The BCEA works in weeks, not months. Its 4-week minimum is 28 days. A contract that says one month is read by its own wording, and a calendar month runs from 28 to 31 days. Where the contract period is longer than the BCEA minimum, the contract period applies. The calculator's 4 weeks (1 month) option is 28 days, so if your contract counts 1 June to 1 July, that is 30 days and you add 2 to the calculator's 28.
What notice applies if I have no written contract?
The BCEA minimum applies whether or not your contract is written: 1 week for 6 months of service or less, 2 weeks for more than 6 months but under a year and 4 weeks for a year or more. Domestic and farm workers get 4 weeks after 6 months. Your employer must also give you written particulars of employment when you start, including the notice period (Section 29). Leave the contract notice field at 0 unless you agreed a longer period.
How is notice pay calculated when I am paid instead of working?
For a fixed monthly salary, multiply your salary by 12 and divide by 52 to get the weekly rate, then multiply by the notice weeks. At R22,000 a month that is R5,076.92 a week, so 4 weeks is R20,307.69 gross. It is taxed as normal income at your marginal PAYE rate. If part of your pay varies, such as commission, the amount is what you would have earned working the notice period, not base salary alone.
Disclaimer: This calculator provides estimates based on BCEA Section 37 minimum notice periods. Your actual notice obligation is determined by your employment contract, which may specify a longer period. The last working day estimate is based on 7 calendar days per week as defined in the BCEA. This tool does not account for public holidays or specific contract terms. It does not constitute legal advice. For notice period disputes, consult the CCMA or a registered labour lawyer. Read full disclaimer →