Labour and HR Club Q&A
57 ready-to-use contracts, policies and forms for every employee situation, instantly downloadable right now!

This is the legally approved Industrial Relations Toolkit you cannot do without.

"Can an employee hand in a resignation during his annual leave"

I need help with an employee issue.
My employee wants to give notice of termination of employment during his Annual Leave now due in December. Can an employee hand in a resignation during his annual leave and then serve notice whilst on annual leave?


Added to
  • Leave
  • Resign while on leave
  • Annual leave
  • Give notice on leave

Anneli
 User  Anneli asked at 31 Jan. 2013

 

1 answer

Vote answer I appreciate this answer [0] I am unhappy with this answer [0]
RachelP
 User RachelP answered to question to 31 Jan. 2013
In terms of section 5 of the Basic Conditions of Employment Act (BCEA), an employer may not give an employee notice of termination during any period of leave. Therefore, the Act does not prohibit employees from tendering their resignation during any period of leave. Further, in terms of the BCEA, a notice period may not run concurrently with any period of leave except for sick leave nor may the employer request or permit an employee to take any leave during the notice period. Therefore, the employee may tender his/her resignation during his/her annual leave but may not be permitted to take annual leave during his/her notice period.



Other questions about Leave

 


RSS Facebook Share the experience
Labour and HR Club
Topics
  • CCMA
  • Discipline
  • Dismissals
  • Employment Equity
  • Employment terms and conditions
  • Foreigners
  • Laws / Acts / DoL
  • Leave
  • Performance management
  • Policies and procedures
  • Recruitment
  • Trade unions
TOP ANSWERS 2016
Hi one of the companies under our main company is now moving to operate independantly as a subsidiary of the main...[read more]
Published at 07 Jul. 2016 1 answer
I have an employee who on a Friday COB, came to ask if he could take leave from Monday as his girlfriend is having a...[read more]
Published at 28 Jun. 2016 2 answers
Having been retrenched myself, it is with great regret that I will not be able to afford domestic help going forward....[read more]
Published at 29 Jun. 2016 1 answer
Good day I was involved in a near fatal car accident 5 yes ago. I was instructed by my neurons surgeon whom operated...[read more]
Published at 31 May. 2016 1 answer
Good day Is there a time frame during which you have to issue a written / final written warning? Eg within a week of...[read more]
Published at 13 Jun. 2016 1 answer
Good Day 1.How many hours are allowed to work for a week or for a month? 2. How many hours are allowed for rest for...[read more]
Published at 18 Jun. 2016 1 answer
Video Archive Video club
Your library of Free eReports
View full library