If there is an agreement, whether in an individual contract or a collective agreement, that the employment contract ends automatically when the worker is 65 years old and the worker is in favour, there will be no problem. The case is different when the worker refuses to dismiss. The question is whether the employer can rely on the rule of the employment contract or the collective agreement, often agreed many years earlier, according to which the contract expires under the law when the worker reaches retirement age. That article provides that, in such cases, either party may terminate the contractual relationship by a reasonable period of time. The time needed in advance depends on circumstances such as the period of cooperation between the parties, the importance of their relative investments in the relationship, the time needed to find new partners, etc. Lack of employer/employee agreement on dismissal at age 65 An additional advantage of applying for a dismissal permit is that if the employer and the worker nevertheless decide to continue the employment relationship beyond the worker`s 65th birthday, an employment contract can be concluded for a fixed period, which ends under the law at the end of the agreed period. In any event, if the employment contract continues after the age of 65 of the worker, without a dismissal permit having been requested or the employment contract having been annulled by the competent sub-district court, it must in any event be interrupted either by obtaining a dismissal permit for reasons other than the age of 65, or by filing a request for resignation with the competent sub-district court. The termination of a contract should be considered by the parties at the time of drafting. In order to avoid lengthy and costly legal proceedings, your rapporteur should ensure that the intention of the parties with regard to the duration and termination of the contract in the text of the Treaty is clear and clear. The contract should contain clear and clear language on how it can be terminated, whether it is a specific date, certain termination terms, a particular event or another event that clearly indicates to both parties that their business relationship has ended.
If the parties intend to be linked in the long term, the text of the treaty should also specify this. If there is no agreement on its duration or termination procedure, it may be terminated within a reasonable period of time if it is not intended to continue indefinitely. It was also the courts` approach in Amalgamated Beverage Industries Ltd v Rond Vista Wholesalers 2004 (1) SA 538 (SCA). Trident Sales (Pty) Ltd v AH Pillman &Son (Pty) Ltd 1984 (1) SA 433 (W); and Putco Ltd v TV & Radio Guarantee Co (Pty) Ltd and other related cases 1985 (4) SA 809 (A). . . .