I have been working for a company for 2months now.they have not given me a letter of employment.do i have to give a notice period? if he doesnt pay my salry that is due what can i do
I have been working for a company for 2months now.they have not given me a letter of employment.do i have to give a notice period? if he doesnt pay my salry that is due what can i do
I'm sure you would have no problems just giving 24 hours notice. Collecting the pay that might be due to you could be a different matter though.
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In the absence of a contract the BCEA is relevant. In terms there of your notice period is 1 week.
1 week - for first 6 months
2 weeks - 6 to 12 months
1 month - 12 months and more
Anthony Sterne
www.acumenholdings.co.za
DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.
Dave A (10-Jun-11)
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I have a similar question.
I am working for a company from March 2011.
When I joined, i was handed a six month contract which ended at the end of August.
In the last week of September I was handed another 3 month contract.
I want to leave the organisation.
Do i need to serve a notice period and if so what time frame?
Errrr... You accepted another contract last week and now decide you want to leave?
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What happens if an employee is required to give notice, for example 1 week.
But the employee does not give notice, calls on the day and informs you that they will not be coming back to work and would like to pick up their wages.
Do you have any recourse as the business owner?
Unfortunately it seems you can't withhold payment of the wages due. A claim for not working the notice period is treated as a separate matter and is supposed to be pursued as a civil matter
Generally it isn't worth pursuing and I suggest try to ensure the door doesn't hit the employee on the back of the head on the way out.
The toughest part is you really want a written resignation to cover yourself. So if the employee does want their wages due, try to get the written resignation before you pay out.
Participation is voluntary.
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AmithS (24-Apr-12)
A recourse for such an employee is simply not to give them a good work reference. When their new employer calls you, you tell them in what manner the employee left your employ..
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