Under the BCEA the notice period depends on length of service: 1 week if the worker has been employed for less than 6 months, 2 weeks from 6 to 12 months, and 4 weeks once they've been employed for more than a year. The same periods apply both ways — to you ending it and to the worker resigning. Notice should be in writing, and it cannot be shortened below the statutory minimum, though you may agree to pay the worker in lieu of notice instead of working it.
The three notice periods
Section 37 of the BCEA sets notice by length of service: less than 6 months employed, 1 week's notice; from 6 to 12 months, 2 weeks; more than 1 year, 4 weeks. These are minimums — a contract may give longer notice but never less. The clock runs on continuous service with you, so a worker just past their first anniversary moves up to 4 weeks.
Notice runs both ways
The same periods bind both sides. If the worker resigns, they owe you the same notice you'd owe them; if you end the employment, you give them that notice. This symmetry surprises some households — a long-serving worker who resigns is expected to give 4 weeks, just as you would. Notice should be given in writing so the date is clear.
Working it or paying in lieu
Notice can be worked out, or you can agree to pay the worker in lieu of notice — paying the wage for the notice weeks and ending the employment sooner. What you cannot do is give less than the statutory minimum. Notice also cannot be given to run during a period of paid leave, and you can't use notice to dodge owed leave or a leave payout.
Notice is separate from the reason
Giving correct notice does not by itself make a dismissal fair — fairness needs a valid reason and a proper process as well. And notice is separate from severance: severance (one week per completed year) is owed only for retrenchment. On the last day, whatever the notice, the worker is owed all wages, a payout of accrued untaken leave, a certificate of service and a UI-19 to the UIF. See our termination hub for the full picture. Compliance tool, not legal advice.
Frequently asked questions
How much notice for a domestic worker?
1 week if employed less than 6 months, 2 weeks from 6 to 12 months, and 4 weeks after more than a year. The same periods apply if the worker resigns.
Can I give less notice if I pay extra?
You can agree to pay in lieu of notice (paying the wage for the notice period and ending sooner), but you cannot give less than the statutory minimum for the worker's length of service.
Does the worker owe me notice if they resign?
Yes — the same period applies both ways. A worker employed over a year is expected to give 4 weeks' notice on resignation.
Does giving notice make a dismissal fair?
No. Notice is separate from fairness. A fair dismissal also needs a valid reason and a fair process; otherwise the worker can refer an unfair-dismissal dispute to the CCMA.
Dignita is a compliance tool, not legal advice. Figures are based on current South African legislation; confirm with a labour-law professional for your situation.