South Africa

Employers in South Africa have the right to fire an employee at any time. Dismissals can occur for a variety of reasons, including:

• Dismissal without cause for misconduct (such as theft or other serious misconduct);
• Dismissal due to incapacity (for example, illness or poor performance), usually after a chance to meet performance standards;
• Dismissal due to the company's operational requirements; or Termination by separation agreement agreed upon by the employee and employer

The statutory notice period for an employer is determined by the length of employment:

• 1 week for less than 6 months
• 2 weeks between 6 months and 1 year
• More than one year: four weeks

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Probationary periods are permitted, but they must be reasonable in length in order to determine whether the employee is suitable for the job. 3 to 6 months is fairly typical.

In South Africa, a retrenched employee must be paid at least one week's pay for each completed year of ongoing service, or the amount agreed in the employment contract if it is higher.

Unused leave must be reimbursed.

Aside from severance, potential additional payments include:

• Notice pay in the event that the employee does not work during the notice period:
• If the length of service is less than 6 months, 1 week's notice is required
• If you have been with the company for more than 6 months but less than a year, you will be paid two weeks' notice
• Bonus/pension pay: any pro-rata payment of a bonus, pension, and so on, depending on the employment contract