After how many days is an employee a deserter?

There is no fixed statutory period; 5+ days absent and unreachable is common practice, but you must still try to contact the employee and prove intention not to return.

What if the employee comes back?

Hear their explanation. A good reason (hospitalisation, family crisis) converts the matter to unauthorised absence, not desertion.

Misconduct · Charge Sheet Template

Desertion & Abandonment of Employment — 5+ Days Unreachable Charge Sheet & Hearing Pack

Charge sheet and process for desertion or abandonment of employment after 5+ days absent and unreachable, under the Sept 2025 Code.

UNPAID DRAFT PREVIEW — Please unlock your dossier at ComplyDossier.com to generate the official printable A4 documents and ECTA audit certificate.

9%CCMA readiness

Step 1 · Offence & Statutory Guardrail Intake

No login needed. Your answers autosave on this device and to a secure draft.

Offence

2025 Code Offence Guide & Sanction Rule — Desertion & Abandonment of Employment — 5+ Days Unreachable

What must be proven: Attempt contact by phone, WhatsApp, SMS and letter to the last known address; Keep a log of every contact attempt with dates.

First-offence guideline: Desertion requires proof of intention not to return — mere absence is AWOL, not desertion. Make genuine attempts to contact the employee (calls, WhatsApp, letters to the last known address) and hold an enquiry in absentia only after reasonable efforts.

Recommended action mode: Direct Warning Pack — corrective discipline is usually appropriate for a first offence; escalate to a hearing for repeat or serious cases.

Example wording: It is alleged that during the period up to and including 15 January 2026, you absented yourself from duty without leave or notification and could not be reached despite the Company's attempts, thereby deserting / abandoning your employment, alternatively being absent without authorisation (AWOL).

Manager's raw incident notes

Or pick the closest symptom — we configure the charge, alternative and action mode:

Company nameEmployee full name13-digit SA ID numberJob titleGross monthly salary (ZAR)Engagement start date

Incident dateIncident timeLocationSupervisor / Manager name & role

Formal allegation (appears on the charge sheet)

Include Legal Alternative Charge on Charge Sheet

No automatic alternative for this offence. Do not add an unsupported allegation.

Prior warnings on file

None recorded.

Proposed hearing date & time (SAST)Hearing venueChairperson nameInitiator (employer representative)

Employee is a shift/weekend worker (allow weekend hearing times)Include Precautionary Suspension Notice (On Full Remuneration Pending Hearing — LRA s186(2)(b))

Understanding this offence: Desertion & Abandonment of Employment — 5+ Days Unreachable

LRA 66 of 1995; Code of Good Practice: Dismissal (Sept 2025); the principle that desertion requires an intention not to return.

Standard charge formulation

It is alleged that during the period up to and including 15 January 2026, you absented yourself from duty without leave or notification and could not be reached despite the Company's attempts, thereby deserting / abandoning your employment, alternatively being absent without authorisation (AWOL).

First-offence sanction guideline: Desertion requires proof of intention not to return — mere absence is AWOL, not desertion. Make genuine attempts to contact the employee (calls, WhatsApp, letters to the last known address) and hold an enquiry in absentia only after reasonable efforts.

CCMA procedural fairness checklist

Attempt contact by phone, WhatsApp, SMS and letter to the last known address
Keep a log of every contact attempt with dates
Send a final letter requiring the employee to return or make contact
Hold an enquiry in absentia only after reasonable efforts
If the employee returns with a good reason, treat the matter as AWOL instead

Guidance only — establish the facts, consider the employee's response, consistency and mitigation. No automatic sanction or guaranteed CCMA outcome.

Standard charge formulation

It is alleged that during the period [START] to [END], you absented yourself from duty without leave or notification and could not be reached despite the Company's attempts, thereby deserting / abandoning your employment, alternatively being absent without authorisation (AWOL).

Statutory guidance

Statutory reference	LRA 66 of 1995; Code of Good Practice: Dismissal (Sept 2025); the principle that desertion requires an intention not to return.
First-offence sanction guideline	Desertion requires proof of intention not to return — mere absence is AWOL, not desertion. Make genuine attempts to contact the employee (calls, WhatsApp, letters to the last known address) and hold an enquiry in absentia only after reasonable efforts.
Category	Misconduct

CCMA procedural fairness checklist

Attempt contact by phone, WhatsApp, SMS and letter to the last known address
Keep a log of every contact attempt with dates
Send a final letter requiring the employee to return or make contact
Hold an enquiry in absentia only after reasonable efforts
If the employee returns with a good reason, treat the matter as AWOL instead

Frequently asked questions

After how many days is an employee a deserter?: There is no fixed statutory period; 5+ days absent and unreachable is common practice, but you must still try to contact the employee and prove intention not to return.
What if the employee comes back?: Hear their explanation. A good reason (hospitalisation, family crisis) converts the matter to unauthorised absence, not desertion.