A resignation question

[SaTTRyN]

Hey all

Company I work for has just started a HUGE project.
I am the store manager and at this job for 5 years now.
Planning to give my 30 day notice on the 20th of Jan 2014.
What I want to know is if there is anyway they can refuse my resignation?
If they can and I just leave what are the consequences?
My boss will NOT be happy once I give him the Dear John...

Thanks in advance

 

[Arthur]

What does your employment contract say? Resigning doesn't require their permission.

Most employment contracts typically require a calendar month's notice, so if you hand in notice on 20 Jan, you'll be free to leave at the end of Feb. Unless your employment contract has a longer notice period.

They can of course ask you to leave the same day you hand in your notice, but in that case they'll owe you pay for the notice period, plus any other entitlements outstanding. Typically you can't take leave in your notice period.

 

[koeksGHT]

If you can't resign you must be working in a chinese sweat shop

 

[Billy]

They can't refuse your resignation, but a huge project could mean huge prospects. Why do you want to resign, have you got another job?

Unemployment is not for the feinthearted!

 

[agentrfr]

Rather have a chat with your boss. He/she is a person too. Explain why you want to resign. You might be able to work something out.

That being said, a resignation cannot be refused. Don't expect to be using that employer as a reference on your CV though.

 

[MagicDude4Eva]

Talk to your boss as soon as you can. I think it is bad form (especially since you know about a big project in which you will be instrumental/needed) to only inform your employer end of January. At least early enough notice allows your boss to make other arrangements. Also - don't stay at your job if the company can not offer you what you are lacking and resulted in you looking for another job. I suppose you have (or are already close to) signing another offer - also not ideal. I never understood why people resign without actually talking to their bosses about their work issues.

 

[noxibox]

They can't refuse your resignation. Assuming you have a good relationship then there is nothing wrong with giving them more forewarning.

Typically you can't take leave in your notice period.

It's illegal actually.

I never understood why people resign without actually talking to their bosses about their work issues.

Because it is invariably a waste of time.

 

[Arthur]

Typically you can't take leave in your notice period.

It's illegal actually.

I doubt it's illegal. More a matter of common practice. Of course your employer can agree to allow you take to leave, in which case your official employment period is still to the end of the notice period.

 

[Willie Trombone]

I doubt it's illegal. More a matter of common practice. Of course your employer can agree to allow you take to leave, in which case your official employment period is still to the end of the notice period.

And indeed they often do to avoid paying you for it.


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[diabolus]

I doubt it's illegal. More a matter of common practice. Of course your employer can agree to allow you take to leave, in which case your official employment period is still to the end of the notice period.

Yea, definitely depends on the company, last company i worked for allowed me to take the leave in notice period. I had like 25 days leave, so they were quite willing to let me take 10 days off in my last month and pay out the rest. I suppose big corporates are far less flexible with this, but smaller companies and good relationship with your bosses , i'm sure any mutual arrangement is legal enough. Obviously it depends on a few factors like whether you are in a crucial position that needs a replacement etc.

In my case, project was over, it was a quiet time, was good time to move.

 

[Compton_effect]

Two things. Do the right thing, let him know earlier, so they can plan for it. Unless its a toxic environment - in that case - expect unpleasantness.
And - whatever you do - do not accept a counter offer. Trust me on this one. Over 60% of people who do leave in the next 12 months.

 

[RVQ]

I'm in a very interesting situation, I've signed with a new company at the close of business day yesterday and my company closes on the 20th until the 6th of January. To add to the predicament I fly out tomorrow for three weeks on holiday and both my managers and their boss are already on leave. I know they not going to take it well and not being able to sit down with them and professionally resign is going to make it interesting.

Now left with the horrible situation of having to resign via email I'm hoping that they don't hassle me because the first week of my notice period I'm on leave...

 

[Shi]

Now left with the horrible situation of having to resign via email

Can't you call them?

 

[Shi]

so they were quite willing to let me take 10 days off in my last month

That's great. My current employment only pays out a limited number of days when people leave, also they tend to not allow ppl to take any leave days during their notice period (calendar month). So if you have more than the limit when your notice period starts, you loose the 'extra' days.

 

[noxibox]

That's great. My current employment only pays out a limited number of days when people leave, also they tend to not allow ppl to take any leave days during their notice period (calendar month). So if you have more than the limit when your notice period starts, you loose the 'extra' days.

That's illegal. They must pay out for all accrued leave.

Now left with the horrible situation of having to resign via email I'm hoping that they don't hassle me because the first week of my notice period I'm on leave...

Your employer must cancel that leave. You cannot take leave during your notice period.

"the employer may not require or permit an employee to take annual leave during any period of notice of termination of employment.”

Yea, definitely depends on the company, last company i worked for allowed me to take the leave in notice period.

Then they broke the law. Many companies do, but it remains prohibited by law.

i'm sure any mutual arrangement is legal enough.

Mutual or not it is illegal.

 

[diabolus]

That's illegal. They must pay out for all accrued leave.


Your employer must cancel that leave. You cannot take leave during your notice period.

"the employer may not require or permit an employee to take annual leave during any period of notice of termination of employment.”


Then they broke the law. Many companies do, but it remains prohibited by law.


Mutual or not it is illegal.

There is one loophole though. The Law only applies to annual/paid leave. There's nothing illegal with allowing employees to take unpaid leave during notice period (and then getting the full leave paid out). In other words , the equivalent of saying "you don't have to wait the entire notice period before leaving" .


And then to be more legal , there is also this:

, the company may require that the employee leave prior to the completion of the notice period; provided that the employee is remunerated for the remainder of the notice period. Such a request from the employer will not be seen as a dismissal because section 38 (2) of the Act makes provision for such an arrangement. Should the employee on the other hand indicate that he or she is not willing to serve the full notice period then the employer does not have to remunerate the employee for the remainder of the notice period.

So , there's alot of ways to skin this cat to be honest. Financially it's exactly the same (might be tax implications though)

25 days Annual Leave

Take 10 days leave in notice period and get paid for 15 days leave (the illegal way)
vs.
Take 10 days unpaid leave and get paid for 25 days leave (leaving before notice period is up, obviously this can only happen if employer allows it, but it's not illegal).


Or

 

[Willie Trombone]

He may have meant for the employee to demand it is illegal... But is it? I think its subject to mutual agreement afaik.

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[noxibox]

Couple of problems there. The first is that the employer has to pay for the remainder of the notice period and the leave if they request or require the employee to exit early. It only becomes unpaid leave if the employee requests early release. Any employer that has a pattern of employees allegedly requesting early termination of employment will probably be viewed as very likely engaging in coercion to avoid paying out leave. It is clear that some employers even have this illegal activity as official policy. The scenario of limiting leave days that can be paid out and asking an employee to take leave instead remains illegal. Allowing an employee to take leave in the middle of the notice period will remain illegal.

There's nothing illegal with allowing employees to take unpaid leave during notice period

I think you'll find that invariably employers are putting this in as annual leave. Even if not, if investigated their intent will be considered. It'll be quite obvious whether it is the occasional employee wanting to leave early or a pattern of deliberate circumvention of labour law. They'll get hammered for the latter.

 

[RVQ]

Can't you call them?

I do plan on calling prior to send the mail

Your employer must cancel that leave. You cannot take leave during your notice period.

"the employer may not require or permit an employee to take annual leave during any period of notice of termination of employment.”

The company is closed and we're on forced leave


I just took a glance at my permanent contract which I signed under 6 months ago after a 6 month probation. It says 1 weeks notice if working for the company under six months and 2 weeks if working for less than a year thereafter it's a calendar month.

Now the question is do I have to give 2 weeks or 1 week seeing that I only signed this contract 4 months ago but technically I have been working there for over 6 months if you include the probation period...

 

[crackersa]

I do plan on calling prior to send the mail



The company is closed and we're on forced leave


I just took a glance at my permanent contract which I signed under 6 months ago after a 6 month probation. It says 1 weeks notice if working for the company under six months and 2 weeks if working for less than a year thereafter it's a calendar month.

Now the question is do I have to give 2 weeks or 1 week seeing that I only signed this contract 4 months ago but technically I have been working there for over 6 months if you include the probation period...

it's from when you signed the contract.