[Question] Resignation or retrenchment?

[Ters]

Good Day,

I was told that my employment will be terminated due to the company's financial state. A week later they asked me to write a resignation letter for there administrative use. I have been employed for a total of two years. In my opinion, to resign would reflect worse on me as a professional than to be retrenched. Any advice would be greatly appreciated.

Thank you in advance
Ters

[Andromeda]

Hi Ters

For starters if you resign you will not be entitled to UIF.

Secondly, retrenchment is a process and assuming it is correctly followed, you would be due a minimum of two weeks pay as a retrenchment package.

Don't do it.

[Ters]

Thank you Andromeda, appreciate your input!

[Ters]

Another thing which i should have mentioned. I worked for a year and a half form 2015 to end of 2016. Left for a year to study with the promise that there will be a position for me when I return this year(January 2018). When I came back I switched offices, one town to another. They then said I will have to work on a 3 month probation period. I worked without a new contract till now(July 2018).

So how does it work now? Am I in a position to decline writing a resignation letter?

[AmithS]

Irrespective of the situation. I would not resign. The company must follow due process and retrench you if they are indeed having financial difficulty.

[Andromeda]

The only time you submit a resignation letter is when YOU for whatever wish to leave, or when you "exchange" that for an undertaking by them not to take some or other punitive action. All other instances basically boil down to intimidation.

[Ters]

Thanks for the input. I will not write that letter.

[Ters]

My current employer recommended me to another firm where I will be starting a probation period 1st of August. In essence I wont be without a job for any period of time. I have told them that I do not understand why I should write a letter stating my resignation when as a matter of fact they told me off due to the firm's financial state. As a reply to that "argument", they wrote a letter headed "Resignation".

I do want to apologise to those who already gave me advice, i am still very indecisive on what path to take. I am clueless to what the law is with regards to this particular situation. I would like to know, what is the law? and is it worth the trouble to fight this.