When a domestic worker resigns, hold them to the correct notice period (1 week if employed under 6 months, 2 weeks from 6 to 12 months, 4 weeks after a year), then settle the final pay: wages for time worked plus a payout of any accrued but untaken annual leave. Give the worker a certificate of service (which the BCEA entitles them to), and update the worker's UIF record by submitting a UI-19 declaring the termination so they can claim any benefits they're owed.
Step by step
1Confirm the correct notice period from length of service (1, 2 or 4 weeks).
2Get the resignation in writing and agree the last working day.
3Calculate final pay: wages for time worked plus a payout of accrued, untaken annual leave.
4Produce a final payslip showing the wage and the leave payout.
5Give the worker a certificate of service.
6Submit a UI-19 to declare the termination so the worker can claim UIF if needed.
Notice periods
A resigning worker must give notice, and the same statutory periods apply to both sides: 1 week if employed for less than 6 months, 2 weeks from 6 to 12 months, and 4 weeks once employed for more than a year. Notice should be in writing where possible. You can agree to waive or shorten notice, but you can't unilaterally extend it beyond the statutory minimum.
Final pay and leave payout
On the last day, the worker is owed all wages for time actually worked up to termination, plus a cash payout of any annual leave they accrued but did not take. Outstanding leave is the one form of leave that is paid out (you cannot pay out leave while employment continues — only on termination). Calculate the leave payout at the worker's normal daily wage. Resignation does not attract severance pay (severance applies to retrenchment, not resignation).
Certificate of service
The BCEA entitles every worker to a certificate of service when employment ends, regardless of the reason. It records who the worker is, the period of employment, the job done and the wage — it is not a reference and should not comment on performance. Providing it is the employer's duty, not a favour.
UIF and the UI-19
Tell the UIF the employment has ended by submitting a UI-19 (the same form used to declare engagements and terminations), so the worker's record is up to date. If the worker becomes unemployed they may claim UIF benefits, and a current declaration makes that claim smooth. Keep copies of the final payslip, the leave payout calculation and the certificate of service.
Frequently asked questions
How much notice must a domestic worker give when resigning?
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 that apply to the employer.
Do I have to pay out leave when my domestic worker resigns?
Yes. Any annual leave accrued but not taken must be paid out in cash on termination, at the worker's normal daily wage, on top of wages for time worked.
Is severance pay due when a worker resigns?
No. Severance pay applies to retrenchment (operational requirements), not to a worker who resigns. A resigning worker gets final wages plus any leave payout.
What is a certificate of service?
A document the BCEA entitles the worker to when employment ends — recording who they are, how long they worked, the job and the wage. It is not a reference and should not judge performance.
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.