Resignation

[shadow_man]

I resigned yesterday (25th of October). I'd like my last day of work to be Nov 23rd 2012 (A Friday and I don't work weekends) however my contract seems to show one calendar months notice.

What are my options? I'd rather not end one job and start another immediately. How can I circumvent this - i've got quite a lot of leave owing, between 10-15 days that I could never take, as the company was always TOO busy and I practically had to beg borrow or steal to get leave.

Any thoughts on this? I doubt they're going to want to pay me out 50%-75% of my current salary + my last pay cheque.

My contract says the following:

TERMINATION
One calendar months notice in writing shall be sufficient for either party to terminate this employment contract. In the first three months of employment both parties may terminate this contract with one weeks’ written notice. The company will be entitled to terminate your employment without notice or warning on any good valid reason recognised by law, if you have committed any breach of this agreement, or continued (after warning) any breach of your obligations or if you have been guilty of any misconduct tending to bring yourself, the company or your office into disrepute.

 

[Geriatrix]

I resigned yesterday (25th of October). I'd like my last day of work to be Nov 23rd 2012 (A Friday and I don't work weekends) however my contract seems to show one calendar months notice.

What are my options? I'd rather not end one job and start another immediately. How can I circumvent this - i've got quite a lot of leave owing, between 10-15 days that I could never take, as the company was always TOO busy and I practically had to beg borrow or steal to get leave.

Any thoughts on this? I doubt they're going to want to pay me out 50%-75% of my current salary + my last pay cheque.

My contract says the following:

TERMINATION
One calendar months notice in writing shall be sufficient for either party to terminate this employment contract. In the first three months of employment both parties may terminate this contract with one weeks’ written notice. The company will be entitled to terminate your employment without notice or warning on any good valid reason recognised by law, if you have committed any breach of this agreement, or continued (after warning) any breach of your obligations or if you have been guilty of any misconduct tending to bring yourself, the company or your office into disrepute.

Call the CCMA. But AFAIK they can choose to have you finish the calendar month. Have you asked them if you can leave earlier?

 

[AniV]

I don't see the problem. Your resignation on the 25th of October is, according to your contract, scheduled for the 25th of November. However, that's a Sunday and you don't work weekends, as stated, so your last day will effectively be the 23rd (Friday). Your company cannot compel you to work till the end of the month. If your resignation indicates that your last day of work will be the 23rd then so it will be, because in your case it complies with your (standard) contractual obligation of giving 1 month's notice.

About the outstanding leave: Just discuss it frankly with your manager. Tell them you have a LOT of leave owing and it will save them money if they let you take some of it in your last week. Even just a few days off in the last week would be good. You'll be surprised at how many employers actually go for this option.

They will need to pay you your salary for November (minus the last 5 working days) plus the full daily rate for each day of outstanding leave.

If they don't let you take your leave and choose to pay you out instead, you can always contact your new job and tell them that your current boss is being difficult about your resignation, so could you please move your starting date with them to 1 Nov (which is a Saturday, so your actual starting date will be Monday the 3rd). It will be simpler for their payroll to have you start at the start of a calendar month too, and then you'll get the week off that you wanted between jobs.

 

[Bona Botse]

I don't see the problem.

Calendar month's notice.

 

[diabolus]

Any company that's nitpicky about 2 days, especially over a weekend is a bunch of pricks, seriously. When i left my last company they were just too glad to have me go a week earlier and give me the leave instead of paying it out. I also had like 20 days worth of leave at that point. So i took 10 days leave within the notice period, company knew there's no point holding a gun to my head right to the last second.

You're going to leave and you're most likely not going to be productive anyway, i don't see why companies are so full of crap with this. Yes, if someone tries to walk out without giving proper notice, sure, but if you do it properly and it goes down to a few days and a "technicality" , then that company needs to have a relook at how they treat their employees, we're not freaking robots.

 

[rwenzori]

Go talk to them. Negotiate.

 

[graviti]

At worst you lose a weeks worth of leave pay. This is if they make you serve a calendar month, whereby you then take a week of leave. But ask them upfront. The contract terms can be changed if both parties agree. By that stage you'll probably be finished all projects you were working on, as you would have worked a full month. They surely won't assign you new ones.

Best advice is chat to HR. You don't want to cause a stir, because it could turn them into a bad reference later down the line, but I'm sure with a bit of common sense and calm logic a win/win scenario can be found.

 

[Chevron]

Calendar month notice means you have to work till the end of the month. If the notice was 30days it would be a different story.

 

[gregmcc]

Calendar month notice means you have to work till the end of the month. If the notice was 30days it would be a different story.

I agree. A lot of people get confused over this. If you resign on say the 10th Aug and you need to give a calendar's month notice - it means the calendar month starts 1st Sept. So effectively you work up until the end of Sept.

Its clear cut - no if's or but's.

 

[katangeleus]

A calender month normally means you can only resign on the 1st or 15th of the month. Had to do that in a previous job as they would not accept my resignation until then and then had to serve out my notice.

Also not allowed to take leave in your notice period.

 

[Bona Botse]

A calender month normally means you can only resign on the 1st or 15th of the month. Had to do that in a previous job as they would not accept my resignation until then and then had to serve out my notice.

Also not allowed to take leave in your notice period.

(Pretty much) everything's negotiable.

 

[Other Pineapple Smurf]

Calendar month notice means you have to work till the end of the month. If the notice was 30days it would be a different story.

+1

I recently changed jobs and had the same clause.

As for leave, your generally not allowed to take leave during your resignation period and any leave that you've applied for must be canceled. All your leave due must be paid out instead.

 

[Hamster]

I'd ask them to pay me for 10 of those leave days and take the other 5 from the 26th onwards (or something like that). They cannot NOT either pay or let you take the leave. And unless your boss is a real meany I'm sure he would accept you leaving on the last pay day...unless you are a key person with lots of handover work.

 

[Other Pineapple Smurf]

I'd ask them to pay me for 10 of those leave days and take the other 5 from the 26th onwards (or something like that). They cannot NOT either pay or let you take the leave. And unless your boss is a real meany I'm sure he would accept you leaving on the last pay day...unless you are a key person with lots of handover work.

They are allowed to cancel leave.

Section 20 (5) (b) of the BCEA states clearly that "the employer may not require or permit an employee to take annual leave during any period of notice of termination of employment.”

 

[noxibox]

A calender month normally means you can only resign on the 1st or 15th of the month. Had to do that in a previous job as they would not accept my resignation until then and then had to serve out my notice.

No, that's a separate contractual requirement. In my experience it is attached to a 30 days notice period rather than a calendar month.

 

[Hamster]

They are allowed to cancel leave.

Section 20 (5) (b) of the BCEA states clearly that "the employer may not require or permit an employee to take annual leave during any period of notice of termination of employment.”

Weird that you may not permit them to take leave. If say, a junior, with no real handover ever asked me to take the leave I'd do it. Better to not have a person around that don't fear the consequences of not doing their job 100% (once you resign you go into this "relax" mode and don't really care all that much ). Wonder if it is to protect the employee from being forced to take leave in a subtle or questionable way?

 

[noxibox]

Weird that you may not permit them to take leave. If say, a junior, with no real handover ever asked me to take the leave I'd do it. Better to not have a person around that don't fear the consequences of not doing their job 100% (once you resign you go into this "relax" mode and don't really care all that much ). Wonder if it is to protect the employee from being forced to take leave in a subtle or questionable way?

It happens quite commonly and most people are happy to do it. Some people start their new job immediately, others use the time to take a break.

If the company is on good terms with an employee, then they probably wouldn't have to worry about quality of work.

I think the protection goes both ways. It prevents an employer from forcing an employee to take leave when they don't want to and an employee from walking out without doing any handover.