In South Africa, even without a written contract, the law implies a contract of employment based on the conduct of the employer and employee. Resignation without notice may lead to a breach of contract claim by the employer, as basic terms are still enforced by common law. It's prudent to give the notice required by the Basic Conditions of Employment Act-usually at least one week if employed for less than six months, and four weeks if more. However, without a written contract, the specifics can be more difficult to enforce, and employers may be less likely to pursue legal action for immediate resignation.
@legalleaderssouthafricanla7309 what if while serving your notice you get a job offer and forces you to start your employment within the period of notice
And which country, and/or which state (s), is this accurate for?
Can I still get my experience letter?
notice period It is not mentioned in offer letter but company force me 7days notice period 😢
So what is the best plan to do if you don't have time to save
How much can you be sued
Hello sir, can i compensate my one month salary in place of one month notice period?.
What if there is no written employment contract? Is it possible to resign with immediate effect without being sued by employer?
In South Africa, even without a written contract, the law implies a contract of employment based on the conduct of the employer and employee. Resignation without notice may lead to a breach of contract claim by the employer, as basic terms are still enforced by common law. It's prudent to give the notice required by the Basic Conditions of Employment Act-usually at least one week if employed for less than six months, and four weeks if more. However, without a written contract, the specifics can be more difficult to enforce, and employers may be less likely to pursue legal action for immediate resignation.
@legalleaderssouthafricanla7309 what if while serving your notice you get a job offer and forces you to start your employment within the period of notice