# Hiring in South Africa

Review edition — pending Theo Smith approval.

## What happens at exit?

Ordinary statutory notice is one week for service of six months or less, two weeks for more than six months up to one year, and four weeks after one year. Farm and domestic workers employed for more than six months have a four-week minimum, and lawful collective variations need checking.

Applies to: South Africa BCEA notice; notice does not establish a fair dismissal

Still to establish: Collective terms, fair reason and procedure, severance, leave and final pay

- Collective terms, fair reason and procedure, severance, leave and final pay

Next step: Confirm Collective terms, fair reason and procedure, severance, leave and final pay.

- [South Africa Department of Employment and Labour](https://www.labour.gov.za/DocumentCenter/Acts/Basic%20Conditions%20of%20Employment/Amended%20Act%20-%20Basic%20Conditions%20of%20Employment.pdf)

Checked 2026-09-28. Research status: partial.

## How do we switch EORs or move to our own entity?

A qualifying transfer of a business as a going concern triggers automatic employee transfer under section 197.

Applies to: South African section 197 business-transfer test; an EOR supplier change has not itself been classified.

Still to establish: Going-concern facts, section 197 agreements, accrued liabilities, consultation and any subsequent relevant authority

- Classify the transaction under current local transfer/succession law.
- Determine consent, consultation, service, leave and historic-liability treatment.
- Confirm permits, payroll handover, provider termination and deposit recovery from actual documents.
- Going-concern facts, section 197 agreements, accrued liabilities, consultation and any subsequent relevant authority



- [www3.saflii.org](https://www3.saflii.org/za/cases/ZACC/2020/21.html)

Checked 2026-09-28. Research status: partial.