When does an employment contract automatically end?

Jan 22, 2015

An employment relationship is not only over when an employee resigns or when the employer dismisses him. There are different ways a contract can terminate. It is important that employers make sure they follow the rules of each type of termination.
There is termination in ‘common law’ or ‘by operation of law’. It sounds like a lot of legalese, but employers need to know the differences because there are different legal implications for them. If employers do not know them, they could land up fighting a case of unfair dismissal!
There are four reasons for employment to end automatically by operation of law. ‘By operation of law’ terminations happen when the law kicks in automatically to end employment.
Four instances when an employment contract automatically ends…
1.  Death
The contract will automatically be over when an employee dies. Employers do not have to do anything to end the relationship.
2.  Sequestration or liquidation
The equivalent of ‘death’ for the employer. When the entity (business) goes under.
3.  Expiry date
When a fixed term contract reaches expiry date it automatically ends without the employer or the worker having to take any other steps. For example, giving notice. This is unless the contract includes options for renewal or permanent employment.
4.  Impossibility of performance
Circumstances that make it impossible for an employer or  employee to meet their obligations to each other. For example, a foreign national’s work permit is revoked.

Disclaimer: LabourMan exclusively provides services to employers.

The content does not constitute legal advice, are not intended to be a substitute for legal advice and should not be relied upon as such. Kindly contact us on info@labourman.co.za or 021 556 1075 to speak to one of our consultants.

Author:

Wallace Albertyn

Wallace Albertyn is a Senior Associate and Legal Advisor at LabourMan Consultants.

Recent LabourTalk Articles

Internal Advancement and Promotion Opportunities

Internal Advancement and Promotion Opportunities

In a recent Labour Court case, City of Cape Town v Irwin Oostendorp and Others, C530/2022, 05 August 2025, Acting Labour Court Judge Coen de Kock, in summary, made the following...

Dismissal After Reaching Retirement Age

Dismissal After Reaching Retirement Age

Introduction Dismissal on the grounds of age is generally considered automatically unfair discrimination in terms of the Employment Equity Act (EEA) and the Labour Relations...

The Impact of Company Liquidation on Employees

The Impact of Company Liquidation on Employees

Introduction South African law has developed a framework, principally through the Insolvency Act 24 of 1936, the Labour Relations Act 66 of 1995 (LRA) and the Basic Conditions of...

LabourTalk Newsletters

Subscribe and receive labour related information

Follow us

Review-Us

 

© 2025 ~ All Rights Reserved  |  Privacy Policy