Resignation : what are my options?

[MrRobot]

hi

I have been working at Company A for approximately 8 years, i have a signed contract with them that if i resign i will need to provide 1 months notice. 2 years ago i was put onto a project and was told that my salary increase needed to be paid as a service provider. my boss got his accountant to setup a pty ltd company for me and i would receive a regular salary of 50% and the balance was paid into this company account for which i provided an invoice each month.

i paid my vat on this company account and got assistance from the accountant with things like returns, etc

a few months ago i get told that the company is not doing too well and we are all getting cutbacks, i will no longer be able to get paid for my invoice and have since taken a 50% knock in income. i am in the process of seeking alternate employment.

the boss decided to create a new company B and for the past 2 month all employees have been paid by Company B which has a new bank account , we had a general meeting to tell us that we have all been moved over to company B but we have not received anything in writing to the effect

1 - we are no longer working for company A
2 - company B has taken over company B
3 - new employment contracts for company B

what are my options for resignation - particularly in regards to a notice period ?

technically i am working for a new company for less that 3 months and shouldnt have to put in a full months of notice

i would really like some guidance , thank you

[Greig Whitton]

You are probably still legally obligated to provide one month notice (either you are still employed by Company A regardless of what your boss says, or Company B really has taken over Company A in which case all employment contracts were probably transferred as a going concern).

Even if you aren't contractually obligated to provide one month notice, I'd recommend doing it anyway (never burn bridges unless absolutely necessary).

[MrRobot]

You are probably still legally obligated to provide one month notice (either you are still employed by Company A regardless of what your boss says, or Company B really has taken over Company A in which case all employment contracts were probably transferred as a going concern).

Even if you aren't contractually obligated to provide one month notice, I'd recommend doing it anyway (never burn bridges unless absolutely necessary).

Could I shorten my notice period by offering not to take payment for my leave due ?

[Greig Whitton]

That's something that you would have to negotiate with your employer. But if you're going to go that route, ask that your notice period be shortened (or waived altogether) in lieu of your loss of earnings. This way, you can always negotiate down (e.g. no leave pay in exchange for a reduced notice period) if your proposal isn't accepted.