Resigning in the agriculture sector

In the same way as an employer has a obligation to adhere to the labour law when terminating the employment of a farmworker, so too the employee has to follow procedures when resigning, says James Pretorius.

- James Pretorius

Employment in the agricultural sector has unique challenges. Long hours, remote workplaces and the nature of agricultural work make the relationship between employers and farmworkers distinct from other industries.

Resignation is, therefore, a vital aspect of any employer-employee relationship and occurs frequently in practice.

Under Sectoral Determination 13 (SD13) which was gazetted under the Basic Conditions of Employment Act (No. 75 of 1997) as amended (BCEA), the rules governing resignation in the agricultural sector are clearly set out.

Understanding these provisions is essential for both employers and employees to prevent disputes and ensure compliance with South African labour laws.

RESIGNATION OF EMPLOYEE

Resignation is a voluntary act by the employee to end the employment relationship.

The law recognises that just as an employer may terminate the employment relationship in certain cases (subject to certain requirements being met and procedures being followed), an employee too may decide to terminate the employment relationship.

However, the act of resignation must follow the notice procedures prescribed by law.