What are the consequences if I sign a job contract and never appear to work?

[openSource007]

I am faced with a situation. I had planned to work for this other company as a software developer. So I signed a contract with them. Two weeks ago something happened in my family and it requires me to find employment near my home. I contacted the company and explained my situation. They gave me a straight answer that the contract was binding so I can't terminate it. The company is about a 7 hour drive away from home. The only option is seem to be left with is not pitching up to work at all on the start date. What are the consequences of doing so? Would I get sued? How much?

 

[skeptic_SA]

Just send them a resignation letter.

 

[karnuffel]

When are you starting?

Cant you just give them notice? Any "2 week notice in the first three months" clause in the contract by any chance?

 

[MrGray]

There is no such thing as indentured labour. Nobody can force you to work based on a contract. Just resign.

Of course, you'd be liable for anything they may have paid in advance and probably still bound by any confidentiality restrictions that may have been in the contract. I suppose they could make a case that you have wasted time/money and possibly broken the notice period, but I doubt there would be much practical way for them to recover those costs - i.e. it would cost them as much to go that route legally as they would recover.

 

[marco79]

Pitch up on the 1st day and hand in your resignation.

 

[openSource007]

When are you starting?

Cant you just give them notice? Any "2 week notice in the first three months" clause in the contract by any chance?

I have a two weeks notice. I start in January the coming year. But the problem is I won't be here by then. I need to move to my home town this coming festive and start looking for employment there.

 

[Necropolis]

Pretty much all that can happen is you won't get a glowing reference from them...

 

[openSource007]

When are you starting?

Cant you just give them notice? Any "2 week notice in the first three months" clause in the contract by any chance?

I start next year January. The contract said I can leave after a two weeks notice. But my problem is I won't be here then because I need to move back home this coming festive.

 

[marco79]

If I am reading this right, in section 37 of the basic conditions of employment, your minimum notice period is a week.

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

 

[karnuffel]

I have a two weeks notice. I start in January the coming year. But the problem is I won't be here by then. I need to move to my home town this coming festive and start looking for employment there.

So then you can resign now. just send them a mail (even though its not the best way to resign IMHO) ... more than enough time no?

EDIT: Just to note Im not a legal expert, Im just a keyboard warrior raising an opinion

 

[marco79]

Read through your contract very carefully. The company might have a clause in your contract whereby they can claim the fee to get a replacement from you.

 

[Corelli]

They can claim damages

They can sue and claim damages from you and also blacklist you. From what it sounds like they will do just that. They have to pay for the recruitment process, checks etc.

So your only solutions. You have to pitch and then give them notice.

Alternatively they can blacklist you and sue you for damages and then to find another job will be pure hell as your employer will see your blacklisting. They also only need to remove the blacklisting after the court case.

So go to work and give notice. And then youre done and they cant touch you other than give a bad review at most which you can just trashcan.

Many actuariaries and fund managers gets poached and then repoached, so they end up giving notice on their first day.

 

[Corelli]

That depends on the contract signed. You cant claim a weel but your contract says two weeks. Also note the date range ie one calendar month means you cant give notice on say 15th and leave 15th on next month. You can only on 30th or first and work in the entire month ie 30th to last day following month or 1st till end of the month.

 

[Corelli]

Rental contracts get worse. If you sign for a year, even if you move out after 2 months, you need to pay for the entire year. If you rent abroad normally you have to pay for the year in advance.

 

[maumau]

They're obviously going to be awkward, so best you present yourself on day one to hand in your resignation. Stay in an hotel until you've worked your notice.

Why don't you move and look for another job starting in february.

 

[SauRoNZA]

What sort of retarded company would want an employee that they forced to come work for them.

They are idiots, or desperate.

 

[openSource007]

What sort of retarded company would want an employee that they forced to come work for them.

They are idiots, or desperate.

Tell me about it.

 

[Genisys]

Explain your situation very nicely to them. If they still insist, ask them to send your request to the HR manager. If he/she still insists, ask them to take it higher up still (CEO, CIO, COO, CTO).

 

[reactor_sa]

Just tell them you actually got a better offer, then they might believe you

 

[Sodan]

Couldn't you give them your two weeks notice now? In fact, you can give them a whole month notice!