Minimum notice under the BCEA
| Length of employment | Minimum notice |
|---|---|
| 6 months or less | 1 week |
| More than 6 months, up to 1 year | 2 weeks |
| More than 1 year | 4 weeks |
| Farm or domestic worker employed more than 6 months | 4 weeks |
How the end date is worked out
The notice period starts the day after notice is given. The calculator counts the statutory weeks (or your contract’s weeks, days or calendar months) from the notice date and shows the last day of the period. Notice must be given in writing, except by an employee who cannot write.
Worked examples
Resigning after four years with one month’s notice in the contract
The BCEA minimum is four weeks, but the contract requires a calendar month, which is longer, so the contract applies.
Details
- Length of employment at notice date
- 4 years, 0 months
- Statutory notice (s37 BCEA) Official
- 4 weeks
- Statutory notice ends
- 2 December 2026
- Contractual notice ends
- 4 December 2026
Dismissed after five months
With six months’ service or less, the minimum notice is one week.
Details
- Length of employment at notice date
- 0 years, 5 months
- Statutory notice (s37 BCEA) Official
- 1 week
- Statutory notice ends
- 11 November 2026
Frequently asked questions
How much notice must I give when I resign?
At least one week if you have worked there six months or less, two weeks if more than six months but not more than a year, and four weeks if more than a year — unless your contract requires longer.
Can my contract require a longer notice period?
Yes, a contract or collective agreement may require longer notice. But an agreement may not require an employee to give longer notice than the employer must give.
Can my employer pay me instead of letting me work my notice?
Yes. The employer may pay you the remuneration you would have earned during the notice period instead (section 38).
Can I take leave during my notice period?
Notice may not be given during annual leave, and notice may not run concurrently with annual leave. Unused leave is paid out instead.