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Thread: Contract notice period vs longer notice to resign

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    Full Member smithers's Avatar
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    Contract notice period vs longer notice to resign

    Hi all,

    Been a while since my last post, been keeping my head down trying to make SA life achievable.

    My boss closed 1 business down and brought me across to a new venture he took on, i have been here just over a month.

    I want to resign from the company, but as it is a new job, new business, i assume the notice period may be new?

    Still pushing for the employment contract.

    I want to give 6 weeks notice making my last day 31 Jan 2019, is it common to give more that the minimum notice period?

    (edited)
    Last edited by smithers; 13-Dec-18 at 09:07 AM.

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    Did you receive a formal notification when the other business closed down? and you were basically unemployed? Did you receive any benefits from the business closing e.g. pension, UIF?

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    Full Member smithers's Avatar
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    the decision to close was made in a day and then asked to if wanted to join his new venture, there was no discussion about transferring benefits or leave owed to me (didnt want to be jobless, took what was offered), my last leave was taken in July of this year, i had accumulated 22 days.

    the following day i started at the new business, i have still not received the new contract only a title with no actual formal job description.

    i have had to endure the situation to my detriment and can no longer continue on the current earnings, aside from not having any allowance to add value with sales and marketing ideas, i feel restricted and sidelined, so having worked for the same person for 1.8 months at 2 businesses, i am unsure of the resignation steps now.

    i suppose i could sit and ask where we stand and what my future holds with the company, but i just want to leave now clean as i can and put myself out there.

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    Do you have another job in place already?

    If so I would chat with him and see what he has to say.

    Sometimes a good chat with a reasonable person can have great results. I think business owners like honesty and not being dropped at the last moment, allowing them enough time to plan should some leave...

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    Full Member smithers's Avatar
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    when he closed the 1st business, i just started at the 2nd business he had opened, the notice was that same day he was to close the business, i have some money put aside to cover me for the dark days should they arise.

    in short, the work hours are just not worth the pay check, the shifts for this December they are expecting 15 days straight split work shifts between me and his wife, ie 2pm - 10pm then a 6am - 2pm.

    i have spent enough time trying to make this understood of overtime unpaid, them wanting to 'bank' (wahtever that is) accumulated days leave owed for hours worked, well over the 45h p/w, nothing has been listened to

    as more than a year is worked for him, 4 weeks notice is required, i have decide to give notice, say i do it today that my last day of work is Jan 31, can this be done? giving more than the required notice period?

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    Site Caretaker Dave A's Avatar
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    Reading this discussion, it is probably important to establish whether the employment from one business to the other can be viewed as continuous.

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    I would imagine it is Dave, because it is an alternative to an operational necessity / retrenchment scenario?

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    Do you have a contract for the original position at the first business?

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    Quote Originally Posted by AmithS View Post
    Do you have a contract for the original position at the first business?
    I think 6 weeks is a good period as a notice as company can manage a new person for the fulfillment of job. I am sure your company will accept this notice. Usually one month is enough for this purpose and it is ethical as well. Best of luck for your next job!

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    Full Member smithers's Avatar
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    Sorry for late reply, season business and all that jazz. I have drawn up my resignation letter, my contract is 4 weeks notice, have said my last day is 31 January 2019. Is certainly more than required by my contract, hopefully it is accepted in a positive way.

    Soon as he gets in today, sometime I will hand it to him. Never can find that envelope when you need it

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