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Resigning with correct notice period

I have a two month notice period on my current contract with my Employer, if I want to resign and  I give her the correct notice period resignation and she tells me to leave before the two months are up is she Liable to pay me for the two months notice period?



Good day,

first we would like to draw your attention to the following provision of the Basic Conditions of Employment Act:

section 37. (1) Subject to section 38, a contract of employment terminable at the instance of a party to the contract may be terminated only on notice of not less than—

(a) one week, if the employee has been employed for four weeks or less;

(b) two weeks, if the employee has been employed for more than four weeks but not more than one year;

(c) four weeks, if the employee—

(i) has been employed for one year or more; or

(ii) is a farm worker or domestic worker who has been employed for more than four weeks


(3) No agreement may require or permit an employee to give a period of notice longer than that required of the employer.

with regard to the above Sub-section(1) indicates the amount notice that must be give in relation to the amount of years employed.Sub-section (3) indicates that you cannot conclude any agreement, even contained within your employment contract, which stipulates a longer notice period than what is prescribed under Sub-section(1).

therefore you should not be serving a 2 month notice period in the first place.

Furthermore i draw your attention to Section 38 at Sub-section which reads as follows:

(2) If an employee gives notice of termination of employment, and the employer waives any part of the notice, the employer must pay the remuneration referred to in subsection (1), unless the employer and employee agree otherwise.

the above subsection indicates that where the when you give notice and the employer tell you later that you are no longer required  to serve notice any further. you Must be paid out for the remainder of the notice period.

we trust that you find the above in order.


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