What if an employee resigns during their notice period?
If an employee who is under notice of dismissal resigns before their notice expires then, their employment will come to an end by reason of their resignation. This is particularly important in the redundancy context i.e. where the employee has been told that their employment will come to an end by reason of redundancy and they are currently working out their notice period. What it means is that unless the employer agrees to accept a shorter notice period then, the employee will lose their right to a statutory redundancy payment unless they comply with certain statutory provisions. 5. Employees who resign An employee must give their employer the longer of any contractual or statutory notice period. The statutory notice period to be given by an employee who has been continuously employed for one month or more is one week. Unlike the statutory notice period which an employer must give to an employee this does not increase with length of service. An employee may ask to go early. It is a ma
- When an employee resigns on 24 hours notice, is the company entitled to set off the notice period as prescribed by the Basic Conditions of Employment Act or the contract that the employee signed?
- Should the redundancy pay calculation include increments that the employee is due to receive during their notice period?
- What payment is an employee entitled to during their notice period?