Resigning from a job doesn’t mean you give up all your rights. In South Africa, employees still retain several legal entitlements after handing in their notice and leaving a position.
Whether you’re moving on to a new role or taking a break from the job market, it’s important to understand what benefits and rights you’re still entitled to after resignation.
1. Serving Your Notice Period
Most employment contracts in South Africa require a notice period, which is usually:
- 1 week if employed for less than 6 months
- 2 weeks if employed between 6 months and 1 year
- 4 weeks if employed for over a year
During this time, you’re expected to continue working and delivering on your responsibilities unless the employer waives the notice or agrees otherwise.
Tip: Always give your resignation in writing and follow the terms outlined in your employment contract or the Basic Conditions of Employment Act (BCEA).
2. Receiving Your Final Pay
You have the right to receive your final salary, which should include:
- Outstanding wages or salary
- Payment for any accrued annual leave not taken
- Bonuses or commissions owed (if stipulated in your contract)
According to labour law, this payment should be made on or before the last working day, unless otherwise agreed with your employer.
If there are deductions or delays, you can contact the Department of Employment and Labour for assistance.
3. Payment for Unused Leave Days
If you haven’t used up all your annual leave, your employer is required to pay you for any days you’ve accrued.
This includes:
- Paid annual leave not taken
- Possibly, other types of leave (depending on company policy)
Note: Sick leave and family responsibility leave are generally not paid out if unused.
4. Collecting Personal Belongings
You’re entitled to collect any personal items you left behind at work, such as:
- Documents
- Electronic devices (if owned by you)
- Personal items in your desk or locker
Employers must allow reasonable access for you to gather these items without unnecessary barriers.
5. Access to References
You may request a written reference from your former employer. While it’s not legally required, most companies are willing to confirm:
- Your job title
- Employment dates
- General duties
A good reference can strengthen your next job application, so it’s worth asking politely before leaving.
6. Continuing Benefits (if applicable)
In South Africa, companies don’t follow the COBRA system used in the United States, but:
- Some group medical aids or retirement annuity policies may allow you to continue coverage in your personal capacity
- You must contact your HR department or the scheme directly to make arrangements
Always verify benefit terms before your last working day to avoid losing cover.
Know Your Legal Rights
Your rights after resigning depend on:
- South African labour law (BCEA)
- The terms in your employment contract
- Your company’s internal policies
If you suspect your rights are being violated or withheld, you can:
- Speak to a labour lawyer
- Contact the CCMA (Commission for Conciliation, Mediation and Arbitration)
- File a complaint with the Department of Labour
Final Takeaway
Even after resigning, you’re still protected by law and entitled to fair treatment
Ensure all payments and leave days are settled
Don’t hesitate to request references or support for future opportunities
Know where to get help if you’re not treated according to the law