Calendar Month

Dolby said:
What would you understand by this?

I think the end of the current month, plus a full month thereafter? In other words, whether notice is given the 01 Nov, the 15 Nov or 30 Nov ... I'd work till 31 Dec?

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Correct, if you resign in let's say February, you need to work one FULL calendar month after that which would be March. So if you want to end 31/12/2016. Give notice any day in November.
 
theratman said:
Best of luck Dolby, thanks for the update. When I resigned I had a calendar month but they were ok with making it 30 days notice.
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Calendar month's always been 30/31 days for me everywhere I've resigned. Not sure what other types of months you get anyway.
 
Ho3n3r said:
Calendar month's always been 30/31 days for me everywhere I've resigned. Not sure what other types of months you get anyway.
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I resigned on the 20th of June and I should have served until 31st July / 1st August but they said I could go on the 20th July.
 
Thanks guys.

I'll resign in 2-3 weeks then with final day being 31 December. If they let me go earlier, I'll take it - but I assume they'll be paying me until end Dec
 
Dolby said:
Thanks guys.

I'll resign in 2-3 weeks then with final day being 31 December. If they let me go earlier, I'll take it - but I assume they'll be paying me until end Dec
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Do that, stipulate your last day of employment in there as well so there is no confusion.
 
Dolby said:
Thanks guys.

I'll resign in 2-3 weeks then with final day being 31 December. If they let me go earlier, I'll take it - but I assume they'll be paying me until end Dec
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Are you due a bonus or any such thing?
 
Bonus? lol

I'm working for essentially the same salary as I signed up for back in 2014 ;) They don't do such things for the employee ... no benefits, bonus, increase or anything. I'll start a thread to show you how *bizarre their sales system is and counter productive it is. It makes you leave real work to tick their boxes ...

* As of a few months
 
Dolby said:
Bonus? lol

I'm working for essentially the same salary as I signed up for back in 2014 ;) They don't do such things for the employee ... no benefits, bonus, increase or anything. I'll start a thread to show you how *bizarre their sales system is and counter productive it is. It makes you leave real work to tick their boxes ...

* As of a few months
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Was asking incase you do get one, if you did I'd get the bonus 1st then leave. In your case it doesn't matter :)
 
So, they won't accept my resignation given today - 02 December - with a final work date of 31 January. HR agrees, however, that it is according to contact but 'management will be unhappy paying 2 months salary and you won't be doing work. I'll need to chat to them'.

They wrote the contact ; they wrote the clause - yet they won't follow it?

They've setup a performance meeting for January (3rd one) and they say I'll be dismissed there, so they believe it's better me getting dismissed on 9 January than me resigning.

After offering 2 month mutual separation agreements (which I declined) and having the director tell me to fck off right now ... they don't want to accept. This is a truly special place ...
 
http://www.hrpulse.co.za/legal/cont...ut-a-calendar-month-in-an-employment-contract

My HR trying their luck, once again :/

The employee, who had handed in his resignation on 8 January, contended that 'calendar month' meant that his notice expired on 8 February. The employer contended that a 'calendar month' only begins to run on the first of a month (February in this case) and the notice period expires on 29 February.

Consequently, the court held that the employee was obliged to give notice of termination that would take effect on the first day of a month and run to the last. In failing to do so, the employee breached his employment contract when he failed to work until 29 February 2008.

Another interesting bit :

It's unclear why the court didn't cite the contra proferentum rule, which holds that in the case of an interpretational dispute, the contract should be interpreted in favour of the party who had no hand in drafting the contract.
 
Dolby said:
So, they won't accept my resignation given today - 02 December - with a final work date of 31 January. HR agrees, however, that it is according to contact but 'management will be unhappy paying 2 months salary and you won't be doing work. I'll need to chat to them'.

They wrote the contact ; they wrote the clause - yet they won't follow it?

They've setup a performance meeting for January (3rd one) and they say I'll be dismissed there, so they believe it's better me getting dismissed on 9 January than me resigning.

After offering 2 month mutual separation agreements (which I declined) and having the director tell me to fck off right now ... they don't want to accept. This is a truly special place ...
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Check your finances. If you are able to start your new job with no gap and get paid the balance of the month then I wouldn't stress. However, if your new start date is 1st February and they are only going to pay you for the 9th, I would insist on compensation until the end of January as per you contract terms.
 
I dunno how anybody can confuse the meaning of "30 days notice" and "a calendar month's notice"

That said, resigning on the 2nd and being pedantic and not giving you that "one day" is a bit pathetic from them.
 
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Hamster said:
I dunno how anybody can confuse the meaning of "30 days notice" and "a calendar month's notice"

That said, resigning on the 2nd and being pedantic and not giving you that "one day" is a bit pathetic from them.
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No, you misread.

Calendar month - resign 02 December with final day 31 January
30 Day - resign 02 December with final day 02 January

A calendar month is what they have in their contract and what they should abide to. However 'ooo ... we aren't too happy with doing that' is the answer I get. I want 31 January as per contract.

Incidently I found this link. Same situation but in reverse and the guy wanted to leave earlier. Went to court and employer won. Employee had to stay on (51 days in total)

http://www.hrpulse.co.za/legal/cont...ut-a-calendar-month-in-an-employment-contract

MY company loves bending and changing anything on the fly that suits them, whether legal or not.
 
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Luckily I refreshed before posting and you fixed the 21. You had me really confused for a second :D
 
Hamster said:
Luckily I refreshed before posting and you fixed the 21. You had me really confused for a second :D
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My bad ;)

Anyway I'll see what they say during the week. But 'we don't feel like sticking to contract' is a horrible excuse .
 
Will they only accept if you tender your resignation on the 1st of Jan? This is a weird company
 
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