Labour and HR Club Q&A
Attention employers: From the Department of Labour

You MUST display a summary of the Basic Conditions of Employment  Act and Employment Equity where all employees can see it. This is a mandatory notice for all employers, no matter how many people you employ – 1 or 100!
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"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

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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.


 


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