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Question
Posted by: Spikes | 2011/02/02

Notice of resignation

hi there, i am looking for another job but my contract says I must give 3 months notice, which I am unable to do (which company will wait 3 months to employ chosen candidate?) how can I work around this, by law the notice period is 4 wks if you''ve bn employed more than a yr. I''ve been here for exactly a year. If I am not able to work out the full 3 months what can my employer do, can she fire me? We in the private sector.
Pls advise.
S

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Our expert says:
Expert ImageLabour lawyer

re: Notice of Resignation

If your contract says you must give three months notice then you must do so.

The company does have a right to claim any losses they might incur because of your premature resignation.

The information provided does not constitute a diagnosis of your condition. You should consult a medical practitioner or other appropriate health care professional for a physical exmanication, diagnosis and formal advice. Health24 and the expert accept no responsibility or liability for any damage or personal harm you may suffer resulting from making use of this content.

3
Our users say:
Posted by: Labour Lawyer | 2011/02/15

re: Notice of Resignation

If your contract says you must give three months notice then you must do so.

The company does have a right to claim any losses they might incur because of your premature resignation.

Reply to Labour Lawyer
Posted by: outsider | 2011/02/05

i don''t think your employer can hold you to a three month notice period, maybe you should consult the ccma for advice

go to their website www dot ccma dot co dot za

This Chapter does not apply to an employee who works less than 24 hours in a month for an employer.

37. Notice of termination of employment

(1) Subject to section 38, a contract of employment terminable at the instance of a party to the contract may be terminated only on notice of not less than-

(a) one week, if the employee has been employed for four weeks or less 
(b) two weeks, if the employee has been employed for more than four weeks but not more than one year 
(c) four weeks, if the employee-

(i) has been employed for one year or more  or
(ii) is a farm worker or domestic worker who has been employed for more than four weeks.

Reply to outsider
Posted by: pixie | 2011/02/03

Your employer cannot hold you to the three months notice period.

Reply to pixie

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