Labour Law

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Conflict of Notice Periods

Question:

I went permanent on 1 July this year and in my contract it states that within the first 3 months the company can give me one weeks notice but i have to give them 2 months notice. I am not happy at this company and have found alternate employment can they force me to give 2 months notice or can i give the normal 1 months notice?

Answer:

If it is in your employment contract it becomes binding however there are ways. Wait until you receive your next salary and go in the next day and resign with immediate effect.

They cannot force you to stay and the only way they can attempt to enforce the clause in contract is by civil court which is very costly and time consuming so they will not do anything.

If you don’t give the correct notice and stay only for a month they will probably with hold your salary when due to spite you.

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