AFTER working for a company for two years, Maria was offered a new position at a different company.
When she handed in her resignation with four weeks’ notice, her boss told her that if she left after a month they wouldn’t pay her, because she had to work three months’ notice! Azikhiphi!
That’s not on! Maria didn’t sign a contract that indicated that she had to work three months’ notice when she resigned.
Fortunately for Maria, she is a Scorpion Legal Protection policyholder and could get the legal advice she needed.
Notice periods
According to Section 37 of the Basic Conditions of Employment Act, notice periods shouldn’t be less than:
One week, if the employee has worked for six months or less. Two weeks, if the employee has worked for more than six months, but not more than one year.
Four weeks, if the employee has worked for one year or more. Or if the employee is a farm or domestic worker, who has worked for more than six months.
Maria had been working at the company for two years, which means if her contract didn’t state otherwise, she only had to put in four weeks’ notice on resignation.
What are the rules?
The employment contract cannot have shorter notice periods than those listed above.
An employer and employee can agree on longer notice periods than the minimum.
Notice periods apply to the employer and the employee. ) If an employer retrenches an employee, the notice period will apply, and even if the employee doesn’t have to work the notice period, the employer will still have to pay the employee for the duration of the notice period.
Resignation should be in writing, and once accepted, the employer can deny a request or withdraw it, if the employee changes their mind.
If the employee doesn’t want to work during the notice period, they won’t be paid for the rest of the notice period.
When can’t your employer give you notice?
According to Section 37 (5) of the Act, an employer cannot give an employee notice if: ) He or she is currently on leave they are entitled to.
The employee is still owed leave (except sick leave).
This leave may not count as part of the notice period, and has to be paid out by the employer separately, and in addition to the notice period.
Five resignation Don’ts
Don’t hand in your notice if you’re angry.
Don’t refuse to work your notice period if your contract says you should.
Don’t say bad things about the company on social media.
Don’t produce bad work just because you’re leaving.
Don’t take anything from the company that doesn’t belong to you.
How to strike back
If your employer fails to follow correct procedure when you resign, you have rights.
Scorpion policyholder Maria gave her four weeks’ notice.
Scorpion Legal Protection helps policyholders like Maria with labour-related cases.
