Resigning....

[Zenbaas]

So a colleague of mine wants to be resign from her current job as she had found something better. She had no contract with her current employer and notice period was never discussed.

Does she have to give notice or can she just leave? He has told her that she cannot leave and that she has to stay until the end of the month. (I know it seems harsh but there are very good reasons for her leaving that I cannot really discuss openly).

[Archer]

No contract means you refer to the Basic Conditions of Employment Act
Which means that if she worked there less than a month its 1 day notice, between 1-6 months its 2 weeks, and more than 6 months is 4 weeks notice. Something like that (please go check the act for the exact numbers, I dont remember it that well)
So in short, she probably cant just up and leave

[Cool E]

AWOL - this will suit her best lol

[ghoti]

Dont burn bridges. Tell her to put in a months notice.

[HapticSimian]

Notice of termination of employment
37. (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.
(2) A collective agreement may permit a notice period shorter than that required by
subsection (1).
(3) No agreement may require or permit an employee to give a period of notice longer
than that required of the employer.
(4) (a) Notice of termination of a contract of employment must be given in writing,
except when it is given by an illiterate employee.
(b) If an employee who receives notice of termination is not able to understand it, the
notice must be explained orally by, or on behalf of, the employer to the employee in an
official language the employee reasonably understands.
(5) Notice of termination of a contract of employment given by an employer must—
(a) not be given during any period of leave to which the employee is entitled in
terms of Chapter Three; and
(b) not run concurrently with any period of leave to which the employee is
entitled in terms of Chapter Three, except sick leave.
(6) Nothing in this section affects the right—
(a) of a dismissed employee to dispute the lawfulness or fairness of the dismissal
in terms of Chapter VIII of the Labour Relations Act, 1995, or any other law;
and
(b) of an employer or an employee to terminate a contract of employment without
notice for any cause recognised by law.

[YingYang]

How long has the sexual harassment going on?

[DrYes]

Is she hot?

[Cool E]

How long has the sexual harassment going on?

-2

[snail]

What Archer said. Law is the law regardless of the presence of a written contract or not.

[patrick]

Dont burn bridges. Tell her to put in a months notice.

+1

[CrazyFig]

Ok...but what happens if the contract said 1 month notice and had only been working there for 4 months? Does the labour law superceed an employment contract?

[ChilliGirl]

Ok...but what happens if the contract said 1 month notice and had only been working there for 4 months? Does the labour law superceed an employment contract?

Yes. Unless the law states that there are option that both parties must agree on, the law stands first and cannot be overwritten by a law.

[Archer]

Ok...but what happens if the contract said 1 month notice and had only been working there for 4 months? Does the labour law superceed an employment contract?

If you signed that you give 1 month notice no matter the period you have worked... then you give 1 month notice. This part of the act is more about minimum amounts, so that neither the employer nor employee get screwed

[CrazyFig]

Ah ok...makes sense

[Zenbaas]

Thanks all for the detailed replies.

Also Is an employer obliged to give an employee paid maternity leave..? Or doesn't he have to? This is an seperate issue but this lady (not the same one mentioned in the OP) has been working there for 5 years.