If an employee has worked 24 hours or more for an employer and no contractual terms are applicable, the Basic Conditions of Employment Act (Act 75 of 1997, as amended) requires minimum notice periods before employment can be terminated in writing.
The Basic Conditions of Employment Act gives us the notice period terms. See below:
One week, if the employee has been employed for 6 months or less;
2 weeks, if the employee has been employed for more than 6 months by not more than one year;
According to section 40 of the Basic Conditions of Employment Act (BCEA), it is clear that payments must be made to an employee upon termination of employment, and this includes outstanding leave pay.
This is only avoided if the employment contract already states that the outstanding leave pay is excluded as a condition of employment, that should the employee contravene the provisions regarding the period of notice required, then the employer would be entitled to withhold salary or leave pay in lieu of notice.
The South African Labour Guide mentions, Section 20 (5) (b) of the Basic Conditions of Employment Act (BCEA) states clearly that "the employer may not require or permit an employee to take annual leave during any period of notice of termination of employment.”