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Your employee wants to resign: Here are the three options you can choose for his notice period

by , 13 May 2016
An employee of yours has clearly stated his intention to resign and part ways with your company. From that moment on, the notice period will come into play.

Now, when it comes to a notice period, there are three options you can choose from, depending on the context of the employment relationship, as well as the desires of both you and the employee.

So keep reading to find out what those options are, and choose the one that best suits you...


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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.

IMPORTANT NOTE: 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.

TIP: For example, you can state the following in your written agreement…

Dear Richard,

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.

Yours faithfully,

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.

NOTE: But you can still request that he attends work at any time during the notice period (like for meetings or any other tasks).
REMEMBER: 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.

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