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Follow these seven rules when an employee like KZN Premier Zweli Mkhize resigns

by , 23 August 2013
Zweli Mkhize has resigned as KwaZulu-Natal premier. The outgoing premier says he wants to focus on his role as the ANC's treasurer general. Mkhize was elected as treasurer general in December last year and he's juggled the two positions ever since. Mkhize's resignation as well as that of Aveng CEO Roger Jardine who resigned earlier this week has cast the spotlight on resignations. Here are the seven rules you must follow when one of your employee resigns.

It's important that you deal with resignations in a legal manner. Not only will this ensure you stay on the right side of labour law, but it'll ensure your business operations aren't disrupted when an employee resigns.

To help you do this the Labour Law for Managers Loose Leaf Service outlines seven rules you must follow:

Manage resignations effectively by following these seven rules

#1: Notice of resignation must be unequivocal. The notice must indicate clearly that your employee intends to resign.

#2: Once your employee has communicated his resignation, he can't withdraw it unless you agree.

#3: Your employee's resignation is a unilateral act which doesn't require your acceptance.

#4: Your employee's contract doesn't terminate on the date the notice is given. It only terminates when the notice period expires (unless you waive the notice requirement).

#5: If, after he's given notice, the employee doesn't work out his notice period you don't have to pay him, no work, no pay.

#6: If your employee gives late or short notice that's a breach of contract. You can either hold your employee to what's left of the contract or cancel and sue for damages.

#7: If your employee doesn't give proper notice and you choose to hold him to the contract, then the contract terminates after the full period of his notice.

Well there you have it. Stick to these rules to ensure you manage resignations in a legal manner.



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