Notice Period Pay

[Neuk_]

Hi all

I am trying to help a friend but am no HR or labour law expert but have read some of the basic conditions of employment legislation.

Am I correct in saying that unless agreed to by both the employer and employee, any notice period has to be paid?

 

[Venomous]

Depends..

If they give notice asked to ne released early to go to the new company, then the old company only pays the days worked and are then infact accept a really short to no notice.

 

[Kosmik]

Hi all

I am trying to help a friend but am no HR or labour law expert but have read some of the basic conditions of employment legislation.

Am I correct in saying that unless agreed to by both the employer and employee, any notice period has to be paid?

Notice period is the same as any other work period, pay wise. There are rules around leave during the time and the final pay slip is made up of various factors : normal pay, leave pay, deductions etc but the actual pay for the period worked remains the same calculation as any other period.

 

[Neuk_]

Depends..

If they give notice asked to ne released early to go to the new company, then the old company only pays the days worked and are then infact accept a really short to no notice.

Not according to the BCOE...

Pay Instead of Notice
Employers may decide to waive the notice period, but the worker must still be paid for the notice period.
Based on Legislation in Section 38, of the Basic Conditions of Employment Act

From here...

http://www.labour.gov.za/DOL/legislation/acts/basic-guides/basic-guide-to-termination

The only way an employer is obliged to not pay an employee for the notice period is if the employer waives the notice period and both the employer and employee agree to no renumeration...

38. Payment instead of notice

(1) Instead of giving an employee notice in terms of section 37, an employer may pay the employee the remuneration the employee would have received, calculated in accordance with section 35, if the employee had worked during the notice period.

(1) If an employee gives notice of termination of employment, and the employer waives any part of the notice, the employer must pay the remuneration referred to in subsection (1), unless the employer and employee agree otherwise.

From here...

http://www.labour.gov.za/DOL/legisl...amended-basic-conditions-of-employment-act-34

 

[Neuk_]

Notice period is the same as any other work period, pay wise. There are rules around leave during the time and the final pay slip is made up of various factors : normal pay, leave pay, deductions etc but the actual pay for the period worked remains the same calculation as any other period.

Thanks, that is how I read the act.

 

[Venomous]

Ok,

So what happens if the employee asks that it be set aside as the employee wants to start sooner and the new place?

It's not like the empolyee will be out of pocket as they stop on the 30th and start the new job on the 1st. Often ensuring they then still get the new job as the new company probably have 1-3 options lined up just incase the first don't work out.

So old company then pays your salary and leave days due this month end and next month you get your new salary.

 

[Neuk_]

Ok,

So what happens if the employee asks that it be set aside as the employee wants to start sooner and the new place?

It's not like the empolyee will be out of pocket as they stop on the 30th and start the new job on the 1st. Often ensuring they then still get the new job as the new company probably have 1-3 options lined up just incase the first don't work out.

So old company then pays your salary and leave days due this month end and next month you get your new salary.

The employer can decline the request to waive the notice period.

 

[Venomous]

The employer can decline the request to waive the notice period.

Ok.
But what if the employee requests that the notice pay be waived along with them leaving now?

That's not the company saying so, its the employee requesting it as it will further their prospects at the other company....

 

[Neuk_]

Ok.
But what if the employee requests that the notice pay be waived along with them leaving now?

That's not the company saying so, its the employee requesting it as it will further their prospects at the other company....

The employer can agree to waiving the notice period and pay for that period.

 

[Kosmik]

The employer can agree to waiving the notice period and pay for that period.

Correct, it would be a give and take between employer and employee, there is nor hard and fast rule around this. Waiving of notice period is a private issue. Payment for notice basically equates to the same as any other time worked so a shorter notice period is a shorter pay amount.

 

[RandomGeek]

The employer may not be keen to shorten the notice period - may have a need for handover and training of someone else to take over the role. Really depends on the unique situation of the case

 

[Suspect99]

Some employers will frog march you out of the building as soon as you hand in your resignation letter if you are going to a competitor.
They will still pay you for your months notice while you sit at home

 

[Smokey888]

Some employers will frog march you out of the building as soon as you hand in your resignation letter if you are going to a competitor.
They will still pay you for your months notice while you sit at home

this can happen yes

 

[Smokey888]

My Personal view is it's a real D*ck move to leave without working your notice. Depending what line of work you are in but normally their would be a handover phase to someone else.

On of my subordinates resigned recently. I drew up a list and timeline of unfinished work as well as included a handover period.

I am making sure that he will be fully utilized during his notice month, and that there will be an adequate knowledge transfer and handover to his colleague.