Labour Law

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Resign or Retrench

Question:

I am working for an international company. I am based in Cape Town and I am not busy at the moment. The company wants me to work overseas. Can they force me to resign if I don’t want to go overseas, or must they retrench me?

Answer:

They may request you be transferred to another division,being overseas, but then should be responsible for all relocation costs. Normally such is contained in your employment contract and it is hard for me to advise on this as I am not privy to this. You cannot be forced to resign and again by rights they should then retrench you if you cannot relocate.

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