By Jessie Taylor
South Africans may have traditionally resigned from their jobs to pursue better work opportunities or for better remuneration. But, as workplaces around the world experience increased resignation rates, it’s clear that the South African workforce is now leaving employers for flexible work structures, healthy working environments, and opportunities for personal development.
But if you’re considering resigning from your job, there are a few details to consider.
Resignation is covered by South African legislation, and the Basic Conditions of Employment Act does not make provision for a notice period of less than one week.
According to the Act, a notice period may not be less than one week if the employee has been employed for six months or less, two weeks if the employee has worked for more than six months but not more than one year, or four weeks if the employee has worked for one year or more.
A four-week notice period is also required if the employee is a farm worker or domestic worker who has been employed for more than six months.
This means that no employment contract may allow for a notice period shorter than one week. However, if both the employer and employee agree, the notice period may be longer than the minimum. This longer notice period will need to apply to both parties.
Longer notice periods should be carefully considered, as they may prevent an employee from taking up a new post or place an additional burden on an employer. In addition, if a longer notice period is agreed on, employers and employees cannot later claim the Act only requires the minimum period.
According to law, a notice of termination of employment, including a resignation, must be in writing. An indication of intent to resign, such as a verbal confrontation, does not count as a resignation. A written resignation can be sent in publishable form, including email, SMS, or Whatsapp message.
Once the employer has received the resignation, they do not need to accommodate any request by the employee to withdraw their resignation should they change their mind.
The Act states that an employer must pay the worker for their notice period, even if they do not want the employee to work for this period. For instance, if an employee works with confidential information, an employer may not want an employee to serve their notice period as it could pose a risk to the company. In this case, the company may request the employee leave before the notice period is complete, but they will have to remuneration the employee for the period.
However, if the employee indicates that they are not willing to work during the notice period, the employer does not have to pay them for the time they do not work.