Question:

Current company has been through 2 retrenchments in past 6 months. I have thankfully not been affected. Part of the reason is a loss of a major account. I have an opportunity to move across to the new company that has won the new account, but I have a restraint in place. Not too concerend about restraint (reading articles on your website), but I signed for a 2 calendar month notice period. If I move to new company, I want to give 3 to 4 weeks notice.

Answer:

You have signed agreement in your contract and you are obliged to honour the notice period. However this is what will happen – if you give 1 months notice they can deduct 1 months salary in lieu of incorrect notice given. A suggestion and old tactic is to wait until you have been paid and then resign the next day with immediate effect due to personal reasons. Obviously secure your other position first. Any leave pay due has to be paid out by law so they cannot withhold it. If they then want to try and hold you to your contractual notice they would have to file a civil court case and this will be costly and prolonged.

However decision remains yours in the end.

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