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90 Days Termination Notice for South Africa

90 Days Termination Notice Template for South Africa

This document template provides a comprehensive framework for implementing a 90-day termination notice period in accordance with South African law. It incorporates requirements from key legislation including the Basic Conditions of Employment Act, Labour Relations Act, and Consumer Protection Act where applicable. The document outlines the procedures for serving notice, obligations during the notice period, and requirements for final settlement, while ensuring compliance with South African legal requirements for contract termination. It includes provisions for both physical and electronic notice delivery methods, protecting both parties' interests during the transition period.

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90 Days Termination Notice

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What is a 90 Days Termination Notice?

This document is designed for use in commercial and employment relationships under South African law where an extended notice period is required or desired. The 90 Days Termination Notice template is particularly valuable for complex business relationships or senior-level employment arrangements where a longer transition period is necessary for proper handover and business continuity. It exceeds the standard 30-day notice period commonly used in South Africa, providing additional time for transition planning and implementation. The document incorporates provisions from relevant South African legislation, including requirements for fair practice, data protection, and electronic communications. It is structured to protect both parties' interests while ensuring a smooth transition process during the extended notice period.

What sections should be included in a 90 Days Termination Notice?

1. Parties: Full legal names and details of all parties involved in the agreement

2. Background: Context of the agreement and relationship between the parties

3. Definitions: Key terms used throughout the document

4. Notice Period: Specific clause detailing the 90-day notice period requirement and calculation method

5. Method of Notice: Acceptable methods of delivering the termination notice, including physical and electronic means

6. Acknowledgment of Notice: Process for confirming receipt of termination notice

7. Obligations During Notice Period: Continuing responsibilities of all parties during the 90-day notice period

8. Final Settlement: Process for settling outstanding accounts and obligations

9. Return of Property: Requirements for returning any physical or intellectual property

10. Confidentiality: Ongoing confidentiality obligations post-termination

11. Governing Law: Confirmation of South African law as governing law

What sections are optional to include in a 90 Days Termination Notice?

1. Intellectual Property Rights: Required when IP transfer or protection is relevant during and after the notice period

2. Data Protection: Include when personal information processing is involved, ensuring POPIA compliance

3. Force Majeure: Optional clause affecting notice period during extraordinary circumstances

4. Dispute Resolution: Include when specific dispute resolution mechanisms are needed

5. Early Termination Rights: Include when there are circumstances allowing for shorter notice periods

6. Assignment: Include when transfer of rights needs to be addressed during notice period

7. Insurance: Include when insurance obligations continue during notice period

What schedules should be included in a 90 Days Termination Notice?

1. Contact Details Schedule: Detailed contact information for notice delivery

2. Property Register: List of items to be returned upon termination

3. Handover Checklist: Systematic list of tasks to be completed during notice period

4. Financial Settlement Template: Template for calculating final settlements

5. Compliance Certificate: Template for confirming compliance with termination obligations

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

South Africa

Publisher

Ƶ

Document Type

Termination Letter

Cost

Free to use
Relevant legal definitions






























Clauses






























Relevant Industries

Information Technology

Manufacturing

Professional Services

Real Estate

Construction

Healthcare

Financial Services

Retail

Telecommunications

Education

Energy

Transportation

Agriculture

Mining

Hospitality

Relevant Teams

Legal

Human Resources

Procurement

Operations

Commercial

Risk & Compliance

Contract Administration

Project Management

Executive Leadership

Business Development

Finance

Administration

Relevant Roles

Legal Counsel

HR Director

Procurement Manager

Contract Manager

Business Development Manager

Operations Director

Chief Executive Officer

Managing Director

Commercial Manager

Risk Manager

Compliance Officer

Project Manager

Department Head

Senior Executive

General Manager

Industries





Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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