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to make sure you're protected from labour issues…
Three options you can choose for his notice period
Option#1: Work the notice period out
If he resigns, he must work out his notice. This period of time will be stated in his employment contract, or what the law says.
This will enable you to have a smooth hand-over by having sufficient time to find a replacement.
After he's worked his notice period, you'll then pay him for it.
Option#2: No notice period
If he resigns and wishes to leave immediately, you can agree to waive the notice period. You'll probably do this if there's no need to find a replacement or if there's not really a need for a hand-over.
According to the BCEA
, if an employee resigns and you waive the notice period, you'll still be required to pay him for the notice period.
This is of course unless you can get a written agreement to not pay him.
For example, you can state the following in your written agreement…
Termination and notice
We refer to our discussions around your resignation and your request to leave before the end of your notice period in order to take up another job.
We agree to you leaving us on X date and that you won't be paid in lieu of notice, as it was your request to leave early.
Kindly sign the duplicate copy of this letter to confirm your agreement with this arrangement.
ABC (Pty) Ltd.
Option#3: Garden Leave
If he has sensitive information and you don't want him to disclose it, then you can place him on what's known as 'garden leave'. This is when he'll not report for duty during his notice period.
But you can still request that he attends work at any time during the notice period (like for meetings or any other tasks).
If he resigns and leaves without giving you notice, as required by either law or the employment contract, then you don't have to pay him for the notice period.
*Those were the three options you can choose for a notice period when an employee wishes to resign.
To learn more, page over to Chapter R 17: Resignations
in your Labour Law for Managers
handbook, or click here
to order your copy today.