New employment contract

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Keshvir

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Hi all, I'm in need of some advice.
I've been employed by a company going onto 5 years. They have now changed names and have issued us with new contracts that stipulate a 8 week notice period required, whilst the original contract when I started 5 years ago required a 4 week notice period.
They are now pressuring me to sign the new contract which I'm not completely comfortable doing as should I decide to change jobs, I doubt a potential new employer would wait 8 weeks for me to start.
so the question being, what would be the repercussions should I not sign the new contract.
 
I went through a similar situation last year. The company I worked for was taken over by another company and we had to sign new contracts. The new contract had a stricter restraint of trade and I asked my HR Manager what would happen if I didn't sign the new contract.

Her answer was that if I didn't sign I would effectively be taking a voluntary retrenchment and would not be able to work at the company without signing a new contract. I'm not sure if it will be different at your company, but that was my experience.

P.S - 8 weeks notice isn't that bad. And sometimes, depending on the company, you can negotiate your notice period when the time comes. In my last company, our notice period was 1 calendar month. When I left I resigned on the 4th of the month, so I effectively could only start my new job 7 weeks later and it wasn't a problem.
 
Keshvir said:
Hi all, I'm in need of some advice.
I've been employed by a company going onto 5 years. They have now changed names and have issued us with new contracts that stipulate a 8 week notice period required, whilst the original contract when I started 5 years ago required a 4 week notice period.
They are now pressuring me to sign the new contract which I'm not completely comfortable doing as should I decide to change jobs, I doubt a potential new employer would wait 8 weeks for me to start.
so the question being, what would be the repercussions should I not sign the new contract.
Click to expand...

Is that a construction company you work for?
 
werfie said:
Nope, max notice period is 4 weeks as per the BCEA. Contract is invalid.
Click to expand...
It says not less than, i.e. minimum and there is no max in BCEA
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
Click to expand...
 
Cross out and initial the portion about Notice Period you disagree with, with an Iron Gall ink pen.
Sign the rest of the doc with traditional pen.

:whistle:
 
Logically if someone resigns, it takes a month to advertise, interview, background check, make an offer, etc if you lucky. The new person needs a month's notice, so it will be 2 months before a new person can start. If you position is key/important to the business, the company is just ensuring continuity. Look at this way, if retrenchments come, been considered key will less likely to be you on the chopping board - although that is no guarantee.

Not signing the contract will not be a good career move and there will always be a little doubt about your commitment to the business which may be subconscious
 
werfie said:
Nope, max notice period is 4 weeks as per the BCEA. Contract is invalid.

https://www.acts.co.za/basic-condit...coe97_37__notice_of_termination_of_employment
Click to expand...

Minimum, not maximum. Notice periods are actually meant to protect the employee, even if it doesn't turn out that way.

8 weeks isn't too bad. If you hand in your notice in the 1st week of a month, and you leave at the end of the next month, that's effectively a calendar month anyway.

Potential employers shouldn't have an issue with it if you're upfront about it...
 
WalkWithMe said:
Logically if someone resigns, it takes a month to advertise, interview, background check, make an offer, etc if you lucky. The new person needs a month's notice, so it will be 2 months before a new person can start. If you position is key/important to the business, the company is just ensuring continuity. Look at this way, if retrenchments come, been considered key will less likely to be you on the chopping board - although that is no guarantee.

Not signing the contract will not be a good career move and there will always be a little doubt about your commitment to the business which may be subconscious
Click to expand...

Yeah so the new guy starting better have a 4 week notice period for this to work, if he has an 8 week notice period the same problem still exists
 
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