Section 36: Termination of agreement

36. Termination of agreement (1) Subject to subsections (3), (4) and (5)— (a) every determinate agreement of which the duration does not exceed 24 months; or (b) every agreement entered into under section 5 (3A), shall terminate on the last day of the period agreed upon by the employer and the worker. (2) — (3) Where a worker is ill-treated by his employer, he may claim that the agreement has been terminated by his employer. (4) Where an employer fails to pay the remuneration due under the agreement to a worker, the latter may claim that the agreement has been terminated by his employer. (5) An agreement shall not be broken by a worker where he absents himself from work for more than 2 consecutive working days without good and sufficient cause for a first time unless the employer proves that the worker has, after having been given written notice— (a) by post with advice of delivery; or (b) by delivery at the residence of the worker, requiring him to resume his employment, failed to do so within a time specified in the notice which shall not be less than 24 hours from receipt of the notice. [S. 36 amended by s. 16 of Act 6 of 2013 w.e.f. 11 June 2013.]