UNDERSTANDING RESIGNATIONS IN SOUTH AFRICA'S HAIR & BEAUTY INDUSTRY

When employees resign, it’s more than just a farewell. In South Africa’s Hairdressing, Cosmetology, Beauty, and Skincare industry, strict legal and sector-specific rules apply. This article unpacks these regulations and offers practical guidance to salon and spa owners, based on the latest Main Collective Agreement and established labour laws.

Is a Written Resignation Necessary?

Yes. Employers must insist that resignations be submitted in writing. While verbal resignations may be valid, the Collective Agreement emphasises the need for written documentation to confirm resignation dates, notice periods, and mutual expectations. This protects both the employer and employee from future disputes.

What Is the Required Notice Period?

In terms of the Collective agreement (Clause 23.1.1), notice periods are:

• 1 calendar day for employment up to 1st (first) month of employment

• 1 week for employment between exceeding 1(one) month but less than 6 (six) months

• 2 weeks for employment longer than 6 (six) months

The Main Collective Agreement aligns with these standards and treats them as binding. Any change must be agreed upon in writing by both parties.

Can an Employer Waive the Notice Period?

Yes. The employer can waive the notice period, but the agreement (Clause 23.2) clearly states:

“Where an employer waives all or part of the notice period, the employee shall be paid for that period unless otherwise agreed in writing.”

In short, if you release an employee early, you are still obliged to pay them unless both parties agree otherwise in writing.

Can the Employee Leave Immediately Without Serving Notice?

No. Employees cannot leave immediately unless the employer agrees. If an employee fails to serve their notice, it constitutes a breach of contract. The employer may deduct an equivalent amount from any final payments.

Are Employers Allowed to Enforce the Notice Period?

Yes. Employers are within their rights to insist that the employee serves the full notice period. If the employee does not comply and no waiver was granted, the employer may deduct notice pay accordingly, as per Clause 23.1.

Can Notice Be Given During Leave?

The agreement does not permit notice to be given during periods of annual, sick, or family responsibility leave unless the employer agrees. If an employee resigns during leave, the notice period begins only upon their return to work.

Termination and Final Payments

All outstanding wages, commission, leave pay, and other earnings be paid on the last working day or within seven days of the termination date. Employers must also provide the employee who resigned with a UI19 form and issue a Certificate of Service, detailing:

• Period of employment

• Job title

• Last rate of pay

What If There Is No Written Contract?

Even in the absence of a formal contract, the Collective Agreement applies to all businesses, employers and employees who falls within the scope of the National Bargaining Council. This includes employers and employee who are not parties to the agreement, as it has been extended to non-parties by the Minister of Employment and Labour.

Practical Steps for Employers

1. Request and confirm the resignation in writing.

2. Clarify the notice period and final working date.

3. Determine if the notice period will be served or waived.

4. Prepare the employee’s final payslip and ensure to make council deductions if the resignation and or termination date is after the 15th of the month.

5. Notify the Bargaining Council of the termination by means of submitting a staff amendment form - amend@hcsbc.co.za.

6. Provide a Certificate of Service and UI19 form indicating resignation as reason for termination on the UI19 form.

The resignation process in our industry is governed by the Main Collective Agreement. Employers must ensure full compliance with notice rules, payment obligations, and documentation to protect their business and foster fair workplace practices.