Your notice period in South Africa is set by section 37 of the Basic Conditions of Employment Act. It is one week if you have worked six months or less, two weeks if you have worked between six months and a year, and four weeks once you pass one year of service. Your contract can set a longer period, and if it does, the longer period is what binds you.
Most people resigning in 2026 get one thing wrong: they assume four weeks means a calendar month. It does not. The BCEA counts a week as seven calendar days, so four weeks is 28 days. Resign on 3 August and your last day is 30 August, not 3 September.
Work out your last working day
Enter your dates below and the calculator will apply section 37, work out the exact day you stop working, and estimate what your final payslip should include.
BCEA Section 37 calculator
Notice period and last working day
Enter your dates and we will work out the notice you legally owe, the exact day you stop working, and roughly what your final payslip should include.
Your last working day
–
Before PAYE, UIF and any other deductions.
This tool applies the minimum notice periods in section 37 of the Basic Conditions of Employment Act. It is a guide, not legal advice. Your signed contract or a collective agreement may set a longer notice period, and that longer period is what binds you.
Quick facts
| Question | Answer |
|---|---|
| Governing law | Basic Conditions of Employment Act 75 of 1997, section 37 |
| Under 6 months of service | 1 week notice |
| 6 months to 1 year | 2 weeks notice |
| 1 year or more | 4 weeks notice |
| Farm or domestic worker, over 6 months | 4 weeks notice |
| Definition of a week | 7 calendar days, not 5 working days |
| Can notice be shortened? | No, not by contract. A collective agreement may cut 4 weeks to 2 weeks, no lower |
| Can notice be lengthened? | Yes, by agreement, and it must apply to both parties equally |
| Must notice be in writing? | Yes, unless the employee is illiterate |
| Earnings threshold (2026) | R269 600.90 per year, roughly R22 466.74 per month |
The three statutory notice periods
Section 37 sets a sliding scale tied to length of service. Nothing else changes it: not your job title, not your seniority, not whether you are on a fixed-term contract.
One week. You have been employed for six months or less.
Two weeks. You have been employed for more than six months but not more than one year.
Four weeks. You have been employed for one year or more. Farm workers and domestic workers also move to four weeks once they pass six months of service, rather than waiting for the full year.
These are floors, not ceilings. An employment contract may set a longer notice period, and many do for senior or specialised roles. Two to three months is common at management level. Once you sign, the longer period is enforceable, and you cannot later fall back on the Act and claim four weeks was all you owed.
The reverse is not true. A contract cannot set a notice period shorter than the statutory minimum. If your contract says three days, section 37 overrides it and you owe one week.
Four weeks is not one calendar month
This is the single most common error in South African resignations, and it costs people money at both ends.
The BCEA defines a week as seven calendar days. Four weeks is therefore 28 days. A calendar month is 28, 29, 30 or 31 days depending on where you are in the year, and it is a different unit of measurement entirely.
If your contract says "four weeks", count 28 days. If your contract says "one calendar month", you are working to a longer period in most months of the year.
Calendar month contracts carry a second complication. Some employers read a calendar month as running from the date you resign to the day before the same date the following month, so notice given on 15 March ends on 14 April. Others run it from the first of the next month, so notice given on 15 March means you work through the whole of April and leave on 30 April. That is a difference of more than two weeks of salary. Ask your HR department which convention your payroll applies before you commit to a start date at your new job.
When notice starts and when it ends
Notice runs from the day you hand it in. It is not paused by weekends or public holidays, because the BCEA counts calendar days.
Two rules protect you here.
Notice cannot run at the same time as your leave. Your employer cannot give you notice while you are on annual leave, maternity leave or family responsibility leave, and they cannot arrange things so that your notice period quietly runs down while you are away. Sick leave is the only exception. If you fall ill during your notice period and you have sick leave available, you may take it, and your notice continues to run.
Your employer cannot force you to burn your annual leave during notice. Section 20(11) of the BCEA prohibits it. If you have leave days owing, they must be paid out. This matters, because some employers try to "use up" outstanding leave during the notice period so they do not have to write the cheque. That is not lawful.
Can your employer just pay you and send you home?
Yes. This is called payment in lieu of notice, and it is your employer's decision, not yours.
If they would rather you did not spend four weeks in the building with access to clients and systems, they can pay you the full notice period as a lump sum and end the employment relationship immediately. You are entitled to the money either way. What you are not entitled to is the choice.
The reverse does not apply. You cannot decide to skip your notice period and offer to forfeit the pay instead. If you walk out early, you are in breach of contract, and while it is rare for an employer to chase this in the civil courts, it does happen with senior staff.
What your employer cannot deduct
If you leave without serving your full notice, your employer may feel they are owed the value of the unserved days. In theory they can claim it, but they must go to civil court to do so.
What they cannot do is take it off your final payslip. Section 34 of the BCEA prohibits an employer from deducting money from your salary without your written consent. That includes the value of unserved notice.
If your final payslip is short and nobody asked you to sign anything, that is a section 34 problem, and you have grounds to raise it.
Resignation is final once you give it
A resignation is a unilateral act. It does not need your employer's acceptance to take effect. The moment your written notice is received, the clock starts.
That also means you cannot unwind it. If you resign in anger on a Friday and think better of it on Monday, your employer is under no obligation to let you withdraw. They may agree, and often will, but the choice is theirs.
There is one strategic consequence worth knowing. If you resign while facing a disciplinary hearing, your employer may continue with the hearing until your notice period ends. Once the employment relationship is over, they cannot compel you to attend, and they cannot dismiss someone who no longer works for them.
Who the BCEA notice rules do not cover
The notice provisions in the Act do not apply to employees who work fewer than 24 hours a month for that employer. If you work one four hour shift a week, you are covered, because that is roughly 17 hours a month, which falls below the line. If you work five hours a day on a part-time basis, you are covered, because that lands you around 108 hours a month.
Independent contractors and freelancers are also outside the BCEA, unless they meet the legal tests for employment. For genuine contractors, notice is whatever the contract says it is.
Related tools and reading
- Resigning with immediate effect in South Africa
- Notice period during probation
- Leave payout on resignation: how it is calculated
- Take-home pay calculator
- UIF benefits calculator
Frequently asked questions
How many weeks notice must I give in South Africa? One week if you have worked six months or less, two weeks between six months and a year, and four weeks once you have worked a year or more. Farm workers and domestic workers move to four weeks after six months.
Is four weeks notice the same as one month? No. Four weeks is 28 calendar days. A calendar month is 28 to 31 days depending on the month. If your contract says four weeks, count 28 days from the day you hand in your notice.
Can I resign with immediate effect? Only in narrow circumstances, such as constructive dismissal. Otherwise you are in breach of contract. Read our full guide on resigning with immediate effect before you do it.
Can my employer make me take my leave during my notice period? No. Section 20(11) of the BCEA prohibits it. Outstanding annual leave must be paid out to you.
Does my notice period include weekends and public holidays? Yes. The BCEA counts a week as seven calendar days, so weekends and public holidays fall inside your notice period.
Can my employer deduct unserved notice from my final pay? Not without your written consent. Section 34 of the BCEA prohibits deductions from wages without written agreement. They would have to sue you in civil court instead.
Do I still get my leave payout if I resign? Yes. Outstanding annual leave is paid out regardless of whether you resign or are dismissed.
Can I take sick leave during my notice period? Yes, if you have sick leave available. Sick leave is the one form of leave that may run concurrently with notice.
Methodology and sources
The notice periods on this page come directly from section 37 of the Basic Conditions of Employment Act 75 of 1997. The leave rules come from sections 20 and 21 of the same Act, and the deduction rule from section 34. The 2026 earnings threshold of R269 600.90 per year was published by the Minister of Employment and Labour in the Government Gazette. Dismissal and referral procedures reference the Labour Relations Act 66 of 1995 and the CCMA rules.
Figures were verified against the Department of Employment and Labour and the published Government Gazette. This page was last reviewed on 12 July 2026.
Disclaimer
This guide explains South African labour legislation in general terms and is not legal advice. Your employment contract, a collective agreement, or a sectoral determination may set terms that differ from the statutory minimums described here. If your resignation is contested or you are facing dismissal, consult a labour lawyer or contact the CCMA.
