Termination of employment with in 6 month period?

donnybrasco

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Hi guys,

Currently working at a new company as a Senior .NET developer and not really interested in the role I have been put under. There is not much of a challenged and have been at company X for 5 months now. I wanted to find out in terms of contractual and legal bindings what I can do if I have found another opportunity elsewhere in a role that I am very eager to take on. At the moment my contract states that I have to submit 8 weeks notice period, which is something I haven't heard of and there are no other clause in this regard, i.e. being employed in the first 6 months and the length of termination. In term of the labour act, notice served should be 2 weeks. I do not think there are a lot of companies willing to wait on a candidate for 8 weeks. How does this apply in my situation and is there anything else I need to consider?
 

Sinbad

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You signed a contract with 8 weeks notice, you need to adhere to that contract.

Nothing wrong with asking your employer if they'll consider releasing you early though.
 

donnybrasco

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Thank you for the prompt response, but are companies allowed to impose any amount of notice period they wish, is there no law that protects you against this? My fear is that because of such a breach could mean that I owe the company two months salary in that case, is that so?
 

Sinbad

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Thank you for the prompt response, but are companies allowed to impose any amount of notice period they wish, is there no law that protects you against this? My fear is that because of such a breach could mean that I owe the company two months salary in that case, is that so?

Nope. The law prescribes minimum notice, not maximum. It's not unheard of for senior resources to have 3 month notice periods or more.
 

eg2505

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8 weeks, why? probably to find a replacement asap, seems a bit harsh

but if the contract says the contract says, only conceivable way out is asking nicely, and hope they in a good mood.

or if you not interested in getting a reference from them, just jumping ship early, knowing you burn that bridge with them.
your move OP, if its that bad then I really dont see a choice, otherwise wait and see if they willing for 4 weeks (1 month).
 

shooter69

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You signed a contract with 8 weeks notice, you need to adhere to that contract.

Nothing wrong with asking your employer if they'll consider releasing you early though.

Jip. And this works vice versa. Once worked at a company where the CEO decided he wanted to run his company on the "Hire smart, fire fast" principle. He made us all sign contracts with a 1 week notice period clause.

I found new employment and he got really pissed when I gave my 1 week resignation.
 

ArtyLoop

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8 weeks notice = keep the brain, dump the body types of companies.
I wouldn't have signed a contract like that in the first place
 

Nerfherder

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Jip. And this works vice versa. Once worked at a company where the CEO decided he wanted to run his company on the "Hire smart, fire fast" principle. He made us all sign contracts with a 1 week notice period clause.

I found new employment and he got really pissed when I gave my 1 week resignation.

LOL that is hilarious.

Must be weird in an interview when you say you only need one week notice.
 

donnybrasco

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At that moment I was looking for a real challenge, and the environment as I soon to realize is definitely not a conducive environment to work. Very noisy lots of disturbances not to say the management is really chaotic. I really do not see what's the point of keeping someone for that long, that does not want to be there, at the end of the day, you become more of an expense. :wtf:
 

ArtyLoop

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At that moment I was looking for a real challenge, and the environment as I soon to realize is definitely not a conducive environment to work. Very noisy lots of disturbances not to say the management is really chaotic. I really do not see what's the point of keeping someone for that long, that does not want to be there, at the end of the day, you become more of an expense. :wtf:

I nearly thought it was a company I worked for previously, then I saw you are based in PMB XD
 

Batista

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That 8 weeks should have raised an eyebrow when you signed it.Seems they have a high staff turnover.
 

eg2505

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That 8 weeks should have raised an eyebrow when you signed it.Seems they have a high staff turnover.

if they are as chaotic as OP says, this is to cover themselves from the inevitable resignations.
not that it will help much, people will just wait till payday and drop everything at HR and walk out, never to return.
 

ArtyLoop

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if they are as chaotic as OP says, this is to cover themselves from the inevitable resignations.
not that it will help much, people will just wait till payday and drop everything at HR and walk out, never to return.

Yup... have done that three times in my life from companies that I saw the warning signs at.. Needless to say NONE of those companies exist today.

These companies have this mindset that work is so hard to find and people are so desperate that employees will put up with any old crap from them. Sadly times have changed, but they still keep going at it, like a cANCer voter.
 

crackersa

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OP...refer to the basic conditions employment act. No Contract can replace that.... I bolded some parts for you to refer too.

http://www.labour.gov.za/DOL/downlo...nded Act - Basic Conditions of Employment.pdf



N’otice of termination of employment
37. ( 1 ) Subject to section 38, a contract of employment terminable at the instance of 25
a party to the contract may be terminated only on notice of not less than—
(a) one week. if the employee has been employed for four weeks or less:
(b) two weeks. if the employee has been employed for more than four weeks but
not more than one year:

(c) four weeks, if the employee— 30
(i) has been employed for one year or more: or
(ii) is a farm worker or domestic worker who has been employed for more
than four weeks.
(2) A collective agreement may permit a notice period shorter than that required by
subsection (1). 35
(3) No agreement may require or permit an employee to give a period of notice longer
than that required of the employer.

(4) (u) Notice of termination of a contract of employment must be given in writing,
except when it is given by an illiterate employee.
(b) If an employee who receives notice of termination is not able to understand it. the 40
notice must be explained orally by, or on behalf of. the employer to the employee in an
official language the employee reasonably understands.
(5) Notice of termination of a contract of employment given by an employer must—
(a) not be given during any period of leave to which the employee is entitled in
terms of Chapter Three; and 45
(b) not run concurrently with any period of leave to which the employee is
entitled in terms of Chapter Three, except sick leave.
(6) Nothing in this section affects the right—
(a) of a dismissed employee to dispute the lawfulness or fairness of the dismissal
in terms of Chapter VIII of the Labour Relations Act, 1995, or any other law; 50
and
(b) of an employer or an employee to terminate a contract of employment without
notice for any cause recognised by law.
 

eg2505

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Yup... have done that three times in my life from companies that I saw the warning signs at.. Needless to say NONE of those companies exist today.

These companies have this mindset that work is so hard to find and people are so desperate that employees will put up with any old crap from them. Sadly times have changed, but they still keep going at it, like a cANCer voter.

guilty as charged your honor, myself as well, threatened me with police if I didnt do what they asked.
unfortunately if you not in prison, and you got your paycheck, what is there to keep you, especially if you got something else already.
 

shooter69

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LOL that is hilarious.

Must be weird in an interview when you say you only need one week notice.

It kind of was. But the new employer loved the fact that I could start "next week". lol

ps. The "hire smart, fire fast" company do not exist anymore. The CEO phoned me about 6 months ago to find out if I would like to work for his new company as he needs new devs. Declined the offer. Sucker should not have burnt his bridges.
 
Last edited:

ArtyLoop

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It kind of was. But the new employer loved the fact that I could start "next week". lol

Bingo.... there we go... high staff turnover... someone probably told them to "take the job and shove it" and they needed a replacement ASAP!
 

froot

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OP...refer to the basic conditions employment act. No Contract can replace that.... I bolded some parts for you to refer too.

http://www.labour.gov.za/DOL/downlo...nded Act - Basic Conditions of Employment.pdf

The above simply says that the employee/employer needs to provide at least 2 weeks at the moment (1<employment<12 months)
and secondly, that the employee does not need to provide 8 weeks if the employer only needs to provide 4 weeks notice - notice period is the same for employer and employee.

Point is, the 8 week notice period is legal and binding.
 

donnybrasco

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@crackersa, does that mean the act can override this, i.e. since its less than 6 months can I approach them and request a 2 week notice instead?

If you walk out do they not hold you in any breach of contract whereby you owe a salary's worth for the notice period mentioned.

Honestly, this company X does have a high turnover and its a pity you do not really know until you sign the contract and work there a while. I have heard a couple of people frustrated too, in whispers
 
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