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Question
Posted by: abscondee | 2007/02/14

Abscondence

I am in a situation where the company s in serious financial problems with management spreading the word to people to look for other jobs. I have been here 6yrs things have never been this bad - Directors claim to be waiting for resignations to cut back on retrenchment package payouts. Disgusting but true - they even trying to cheat people out of benefits. I have had enough of this found a good job that requires me to start earlier then the one month notice i need to give. I have "enquired" bout whether the 1 month notice still stands & was quickly informed that our contracts are binding & the company is not prepared to compromise this - is there no law against this type of behavior irrespectie of them being a foreign co?

I plan on ABSCONDING on the 27th Feb after pay day afterall i'm leaving with nothing - what are the repercussions for this action?

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Our expert says:
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Surely you need to consult a good labour lawyer, the CCMA and Dept of Labour ?

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Our users say:
Posted by: Shae | 2007/02/14

Ooh, and very important, if you abscond theyw ill probably withhold your final salary and serve you with disciplinary enquiry papers which will end up in your personal file as reason for leaving being dismissal as a result of absconding and that stigma will follow you around throughout your career and should you need a reference from them one day will count very strongly against you.

Reply to Shae
Posted by: Shae | 2007/02/14

Legislation prescribes that annual leave not be taken during the notice period. If you work in a sector that is governed by a collective bargaining agreement (i.e. unionised) then they cannot just go ahead and retrench without consulting the union (provided the recognised union or trade union federation has 50 + 1 % membership of staff.)

In other words, the staff have to be notified and consulted with. However, if you are not ina unionised environment then it gets more complex. There has been many incidents lately where people rock up for work and the compnay just doesnt exist anymore, its just gone. Unfortinately, when something like this happens it has to be followed by investigations and paperwork depending on the circumstances (eg liquidation, etc). There is just too much detail around that for me to get into now.

Anyway, if you do not serve your contractual notice period the company has the following recourse:

They wll take the time you have not worked in and deduct it from your final salary (your final salary would be days you have worked plus annual leave etc). Annual leave will be paid in accordance with your company's policy (eg, they may not allow leave to accrue and what you dont take in a current cycle may be forfeited - eah company has its own policy and you should check yours). So if you only work two weeks of a one month notice period then they will deduct two weeks pay from your final salary. In certain instances you may end up owing them money (eg, if you have loans outstanding, no leave due and therefore the amount deducted is more than the amount owing etc).

My suggestion - tell teh company that has offered you the position that you have a contractual notice period of X. If they dont undertsnad then they are either extremely ignorant of law or have no empathy or simply dont want you that much. Most companies should undetsand tho.

Reply to Shae
Posted by: G | 2007/02/14

Surely you have some leave due to you? If so, then this can be minused from the notice period.

Reply to G

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