Notice Periods

[Beeech19]

Hi Guys

I currently have a 8week notice period at my company. What is the legal implication if I were to leave with 3 weeks notice AND pay them for my training??

Regards

[JetPark]

From a legal perspective, a contract is binding by and between the parties thereto. However, as is always the case in matters such as this, one can enter into a negotiated settlement. Your Company is within its rights to hold you to the 8-week notice period but my experience is such that if an employee is ready to move on for whatever reason, it is often better to let them go earlier than have them becoming a potential destuctive force within the Team. You have (or will have) offered them to pay for your training, which is an example of a settlement, and provided your departure does not cause operational stress - I see no reason why they would hold you back. Remember one bit of good advice in this industry - never close doors - it will come back to haunt you. Go talk nicely to your employer.
Good luck!

[cavortingcheetah]

:hmm:

One suspects that the training (would that be a bond?) and the notice period are two separate issues.
As to the notice period, if you are due paid leave, under South African law and from past experience, that can probably be traded in in lieu of all or part of a notice period.
JetPark's post says it all really except that there is one other thing to consider.
If the other guys in the company have to pick up slack and change their holiday plans or whatever because of your precipitate departure from the company; they will not forget the disservice you might have done their domestic lives. One day, one of them may be a CP on whose door you wish to knock. It is a teeny tiny and not always very friendly or understanding world.
Good luck down the road.:)

[Beeech19]

Thanks guys

No I will not leave the company in trouble, will negotiate and keep the door open as I have always done with previous employers.

Just dont think that the future airline will wait for me for 8 weeks, stuck between a rock and a hard place here.

Is an 8 week notice period legal according to the labour law, is it not 30 days max? I did however sign a 8 week agreement.

Regards

[putt for dough]

What you signed is legally binding. :hmm:
So if they ask you to serve your 8 weeks notice
you may aswell get packing cos you are going on tour one
last time!

[B Sousa]

"Just dont think that the future airline will wait for me for 8 weeks, stuck between a rock and a hard place here."

When it comes to YOUR future, ask yourself how many of those involved really give a sh1t.. I think you may find the answer is one..you.
Since you appear to want to do the right thing, confront them and ask. Worse they could say is no.
Just consider that leaving burning bridges sometimes follow you in your career.
On the other hand its Africa.......a matter of self survival and future airline jobs disappear quickly. Work with your prospective employer also, see what they think..
That should leave you thoroughly confused.

[cavortingcheetah]

:hmm:

Think you will find that labour law has a statutory 30 day period which is superceded by any agreement involving a longer period. :(

[B Sousa]

"Think you will find that labour law has a statutory 30 day period "

CC in reality does anyone attempt to enforce those laws, or if they attempted would it just get thrown in the SA justice "Dark Hole"??

[Beeech19]

Thanks for your inputs guys:ok:

Regards

[cavortingcheetah]

:hmm:

What Ho! B Sousa!

One has absolutely no idea as to an answer for your question except to say, probably, on all counts?
If the chap has another good job to go to where he can put his head down and work sufficiently to build up enough hours to make command and thus acquire a degree of indispensability; he is probably justified in risking the opprobrium which might accrue to his reputation following a precipitate departure from his present employ.
By the sound of it all, he simply swaps right hand for right hand. Such a move should really be a vertical one rather than sideways in order to satisfy the requirements laid out in the previous paragraph?

Hope you are well and thriving.

Regards.
cc