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termination via EOR in South Africa. The EOR is the Employer, and needs to drive the termination process Let’s get one thing straight: when a company hires an employee through an EOR, the EOR (in this case, DNA EOR) is the legal employer. That means we are responsible for issuing contracts, managing payroll, and - crucially - handling any disciplinary actions or terminations in accordance with South African labour law. But the request and reasoning still come from you. As the client, you guide the performance expectations, the outcomes, and the cultural fit. We translate that into compliant, local execution. And in South Africa, execution matters. Termination During Probation: Not a Free Pass Many international employers assume that
The Commission for Conciliation, Mediation and Arbitration (CCMA) requires evidence of fairness - both procedural and substantive - even during probation.
employment without fuss. In South Africa, that’s a dangerous assumption.
and improvement expectations. 2. The employer (EOR) must confirm the feedback in writing or in an email. 3. The employer (EOR) must clearly communicate that continued underperformance could lead to termination. Without this paper trail, any attempt to end the employment could be deemed unfair, leaving room for CCMA litigation and potential fines equal to up to 12 months’ salary. Notice Must Be Timely, And Strategically Aligned If a company intends not to continue employment after probation, it must notify the EOR partner
While probationary periods do allow for closer scrutiny of
performance, they are not exempt from labour law. The Commission for Conciliation, Mediation and Arbitration (CCMA) requires evidence of fairness - both procedural and substantive - even during probation. At DNA EOR, our approach is clear: 1. At least three documented performance counselling sessions must be conducted during the probationary period, with each session outlining concerns, support offered,
probation is a ‘grace period’ during which they can terminate
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GLOBAL PAYROLL MAGAZINE ISSUE 13
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