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Question
Posted by: Kelly | 2008/08/19

Resigning

Hi CS, just wanted to know if u could maybe confirm this or anyone else who would know.I know it aint really a question for this forum.If one resigns do u have to give the company 30 days notice...?
This is whats stated in our company policy,if not u will not get ur pension payout or any other benefits thats owed to u once resigned.
Although i have been told by someone that i can infact give minutes notice because altho the companies policy states 30 days notice the countries labour policy or something overrides any companies policy and ur benefits will still have to be paid out to u.
Could anyone pls tell me for sure if this is correct as i wouldn' t want to leave and lose my benefits

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I don't know about such things, but I'm sure other readers do

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Our users say:
Posted by: anon | 2008/08/19

chris sorry if i sound aggressive. i write very matter of fact and didnt meant to come across that way.

Reply to anon
Posted by: Kelly | 2008/08/19

Wow! Thanks so much guys for all ur replies and clearing this up.I think i will just work the 30 days or try and bargain with my leave days as not to ' burn'  any bridges and also avoid any possible sueing.
THANKS

Reply to Kelly
Posted by: Chris | 2008/08/19

Anon, don' t be so agressive. I' m not giving advise. That I leave for professionals. I' m merely relaying what I did and Kelly can do with it what she wants.
You are correct though - Employment for 6months or less: 1 week' s notice. Employment more than 6 months and less than 1 year - 2 week' s notice. Employment more than one year - 4 week' s notice. This is based on calender month and not 30 days.

Reply to Chris
Posted by: Anon | 2008/08/19

One is considered a permanent employee and entitled to all rights and benefits and protected by labour laws if employed for more than 24 HOURS PER MONTH

Reply to Anon
Posted by: anon | 2008/08/19

Casey this is my line of work. Kelly check the dept of labour on line www dot labour dot gov dot za
search under notice periods - you will see that what i said about time periods is correct - 2 weeks if employed six months but less than a year  4 weeks if employed a year or more (does not mention calendar month)

Casey - Employment Equity has nothing to do with this. Employment guidelines and laws are governed under the Basic conditions of employment Act.

Reply to anon
Posted by: Casey | 2008/08/19

Personaly I think Anon &  Chris have it wrong with the time periods that they have given to you. According to the labour law as I know it today, if you have been working for the company 4 weeks or longer you are considered as a permanent employee and therefor need to give the company a month' s notice. a Month' s can either be a calender month or just 30 days depending on the company policy. If you signed a contract at the company you have to give the company 30 days notice. If you haven' t signed a contract at the company, you can negotiate with your employer about the notice period. If you want more information visit the Department of Labour' s website or try to come into contact with a lawyer who specialises in labour law as I don' t know where you lives. The Employment Equity law is specificly there to protect the employer as well as the employee and therefor a contract between the employer &  the employee is also necessary for the reason to protect both parties if any problems arise. Good luck.

Reply to Casey
Posted by: Anon | 2008/08/19

Chris i have been in recruitment/HR many years - 3 months is fine because you can be dishonest and leave it off your cv but your advice is bad. there is one golden rule in the working world - NEVER BURN BRIDGES AND ALWAYS KEEP YOUR SIDE CLEAN. You never know when you may need a reference from your ex employer. ( I have seen many companies sue for unworked notice periods.)

Reply to Anon
Posted by: Chris | 2008/08/19

I worked for not even 3 months and resigned, took my bag and left! Couldn' t stand working there anymore and already had another job. My benifits were paid out to me. All the companies have that policy but they hardly sue anyone for leaving early. Finish at the end of the month because you are being paid for a full month' s work. That is fair!

Reply to Chris
Posted by: anon | 2008/08/19

the basic conditions is as follows:

2 weeks notice if you have worked longer than 6 months but less than a year  1 month if you have worked longer than a year

If your company is 30 days notice and you agreed to it in a letter of employment then you have to abide by this.
Pension benefits cannot be withheld or not paid out BUT the company can legally " sue"  you for the balance of notice if you leave prior to the 30 days.

If you have leave try and bargain with them - negotiate around that as most companies are happy to let you go earlier if you forfeit leave in lieu of notice so that they dont have to pay you out any outstanding leave due

Reply to anon
Posted by: marcel | 2008/08/19

Depends on how long you have been working there, if you have been there for more than six months then 30 days would be fair, also check if its a calendar month' s notice. Two weeks only applies if you have been there for less than 3 months. If you give them 2 weeks then you wont be liable for leave pay etc. If you want to confirm for peace of mind contact MANPOWER. They will be able to assist you.

Reply to marcel

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