Notice Period in South Africa (2026): BCEA Resignation Rules

In South Africa, the minimum notice you must give when you resign is one week if you have worked for the employer for six months or less, two weeks if you have worked for more than six months but not more than a year, and four weeks if you have worked for a year or more. Farm workers and domestic workers employed for more than six months are also entitled to (and must give) four weeks. These minimums come from section 37 of the Basic Conditions of Employment Act (BCEA), and your contract can make the period longer, but never longer for you than for your employer.

This guide explains the rules in plain language, shows you how to resign properly, and covers what happens to your final pay, leave and UIF.

Minimum notice periods under the BCEA

Section 37(1) of the BCEA sets the minimum notice either side must give to end an employment contract:

Employed six months or less: at least one week's notice.
Employed more than six months, up to one year: at least two weeks' notice.
Employed one year or more: at least four weeks' notice.
Farm workers and domestic workers employed more than six months: at least four weeks' notice.

The same minimums apply whether you are resigning or your employer is ending your contract.

Can your contract set a different notice period?

Yes, within limits. Always read your employment contract first, because many South African contracts set notice at one calendar month, which is at least as long as the legal minimum.

Longer notice is allowed if it is in your contract, for example one or three months for senior roles.
It must be equal or better for you: no agreement may require you to give a longer notice period than your employer must give you (section 37(3)).
Shorter notice needs a collective agreement: a collective agreement with a union may permit shorter notice, but the four-week period for employees with a year or more of service can only be cut to a minimum of two weeks (section 37(2)).

How to resign properly: step by step

Check your contract and any policy for your notice period and to whom resignations must be addressed (usually your manager or HR).
Put it in writing. The BCEA says notice must be given in writing, unless the employee cannot read or write (section 37(4)). An email or signed letter both work.
State your last working day clearly. Count your notice period from the day you hand in the letter.
Keep proof of delivery, such as a sent email, a signed copy or an acknowledgement from HR.
Work your notice and hand over your work so you leave on good terms and protect your reference.
Ask for your certificate of service and check your final payslip (see below).

Short resignation letter example

Dear [Manager's name],
Please accept this letter as formal notice of my resignation from my position as [job title] at [company]. In line with my contract, I am giving [four weeks'] notice, and my last working day will be [date].
I will do my best to complete a smooth handover before I leave. Thank you for the opportunities I have had here.
Kind regards,
[Your name and signature]
[Date]

Keep it short and professional. You do not have to give a reason for resigning.

Does your employer have to accept your resignation?

No. In Lottering and Others v Stellenbosch Municipality (2010), the Labour Court held that resigning on notice is a one-sided act that does not need the employer's acceptance. The flip side: once you have handed in your resignation, you generally cannot withdraw it unless your employer agrees. Be sure before you submit it.

What if your employer tells you to leave immediately?

Your employer may choose not to have you work your notice. Under section 38 of the BCEA, an employer can pay you instead of notice. If you resign and the employer waives any part of your notice period, it must pay you for that period unless you and your employer agree otherwise. Do not sign anything that gives up that pay unless you understand it.

What if you leave without working your notice?

Walking out without serving your notice (unless your employer agrees) is a breach of your contract. Your employer may have a claim against you for any loss it can prove. However, an employer may not simply deduct money from your pay: under section 34 of the BCEA, deductions are only allowed with your written agreement for a specified debt, or where a law, collective agreement, court order or arbitration award permits it. If you need to leave early, ask your employer in writing to shorten your notice and get its agreement in writing.

Your final pay, leave and certificate of service

Final salary: you must be paid for the days you work during your notice period.
Unused annual leave: section 40 of the BCEA requires your employer to pay out annual leave that is due and that you have not taken.
Leave and the employer's notice: if your employer gives you notice, it may not give it during your annual leave, and the notice may not run at the same time as your leave, except sick leave (section 37(5)).
Certificate of service: under section 42 you are entitled to a certificate showing your name, the employer's details, your start and end dates, your job title and your pay at the end of your employment. It is useful for your next job applications.

Resigning and UIF: what to know

Unemployment benefits from the Unemployment Insurance Fund (UIF) are generally paid when your contract ends because you were dismissed or retrenched, your fixed-term contract ended, or your employer became insolvent. If you resign, you usually do not qualify for unemployment benefits. Ideally, line up your next job before you resign. If you were dismissed or retrenched instead, see our guide on how to claim UIF in South Africa.

Note that severance pay (at least one week's pay for each completed year of service, under section 41) applies to retrenchments for operational reasons, not to resignations.

Planning your next move

Before you hand in your notice, get your next role lined up. Update your CV with our South African CV format guide, prepare with these common job interview questions in South Africa, and see how long it typically takes to find a job.

Frequently asked questions

Is a notice period one month or four weeks in South Africa?

The BCEA minimum for an employee with a year or more of service is four weeks. Many contracts say one calendar month instead, which is allowed because it is not shorter than the legal minimum. Follow what your contract says.

Can I resign by WhatsApp or email?

The BCEA requires written notice. An email to your manager and HR is written notice and is easy to prove. A WhatsApp message is riskier, so if you use one, follow it up with a signed letter or email.

Can I withdraw my resignation?

Only if your employer agrees. Once you have resigned on notice, the resignation takes effect without the employer needing to accept it.

Do I get paid if my employer says I don't need to work my notice?

Yes. If your employer waives your notice, it must pay you for the waived period, unless you both agree otherwise (BCEA section 38).

Can I claim UIF if I resign?

Generally no. UIF unemployment benefits are mainly for people who were dismissed, retrenched or whose fixed-term contracts ended.

Sources

This guide is general information, not legal advice. For a dispute about notice or final pay, contact the Department of Employment and Labour or the CCMA.

Looking for your next role? Browse the latest jobs in South Africa on Jobsiz and apply before you resign.

By the Jobsiz Editorial Team · Updated 27 October 2026

Notice Period in South Africa: How Much Notice to Give When You Resign