ASK HR: How much exactly should my former employer pay me?
The requirements concerning notice to terminate employment differ with the type of contract in question, usually depending on the intervals in which salary is paid or what may otherwise be agreed upon in writing.
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What you need to know:
- Your employment contract terminated at the end of your notice period.
- You therefore should have been paid for the seven days you worked during the notice period, not for the full month.
- It is a requirement under the employment act for an employer to ensure, in case it is not clear to the employee, that the employment contract is explained orally in a language the employee understands.
Q. I was working for a certain company on a short-term contract of three months. The contract stipulated that each party should give the other seven days’ notice of their intention to terminate services. With this in mind, I gave my notice at the beginning of the month and worked for seven days. Does this mean that I should receive a full months’ salary or will I be paid for the seven days that I worked during the notice period like a casual labourer?
The requirements concerning notice to terminate employment differ with the type of contract in question, usually depending on the intervals in which salary is paid or what may otherwise be agreed upon in writing.
Section 35 of the Employment Act envisages that the contract of a casual labourer who receives wages daily, is terminable by either party at the close of any day without notice.
Where salary is paid periodically at intervals of less than one month, a contract is terminable by either party at the end of the period following the giving of notice in writing. Where salary is paid periodically at intervals of, or exceeding one month, a contract would be terminable by either party at the end of the period of 28 days following the giving of notice in writing.
The Act further states that either of the parties to an employment contract may terminate the contract without notice upon payment to the other party of the remuneration, which would have been earned during the notice period. It is clear from the information you have provided that your contractual notice period was seven days. Your employment contract terminated at the end of your notice period. You therefore should have been paid for the seven days you worked during the notice period, not for the full month.
It is a requirement under the employment act for an employer to ensure, in case it is not clear to the employee, that the employment contract is explained orally in a language the employee understands. Better still, it is advisable that you proactively seek clarity on aspects of an employment contract that you may not fully understand to forestall misunderstandings that may arise later.
