Resignation with immediate effect: can the company refuse?

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  • čas přidán 12. 09. 2022

Komentáře • 100

  • @ChaunLeeTV
    @ChaunLeeTV Před 6 měsíci +22

    Well when the company tries to fire you, you don’t have to formally accept that either then…see you TOMORROW boss! 😂😂😂

  • @trish8353
    @trish8353 Před rokem +7

    is it necessary to serve a three months notice period. Can i leave without serving the same?

  • @btmsportspersonel.2381
    @btmsportspersonel.2381 Před rokem +12

    Thanks man great job in educating us I am actually considering to study labor law myself , can I get REDS listed if I resign before hearing ?

    • @aslamcabriella6000
      @aslamcabriella6000 Před 10 měsíci

      Thank you for the feedback! Yes according to case law the company can still proceed with your hearing and list you on your notice period

  • @alkarimshariff2720
    @alkarimshariff2720 Před 5 měsíci

    Thanks my examination is coming alla bless u for your knowledge

  • @sunshineb7006
    @sunshineb7006 Před rokem +18

    What do u do if your manager is now making your working life difficult? Like u can sense he wants you to leave after having a good relationship for a year? And he has mentioned that he prefers people to leave on their own rather than fire? I think I've become a threat to him. He has been undermining me suddenly. Can a company do that legally? Make your workinh life miserable to force you to leave?

    • @legalleaderssouthafricanla7309
      @legalleaderssouthafricanla7309  Před rokem +5

      An option would be to lodge a formal grievance against the manager

    • @sunshineb7006
      @sunshineb7006 Před rokem +2

      @@legalleaderssouthafricanla7309 the manager has the biggest account that keeps the company alive. Going against him is a no win situation.

    • @ishakunsubba5659
      @ishakunsubba5659 Před rokem +1

      ​@@sunshineb7006I'm going on the same situation

    • @ProdNapoleon
      @ProdNapoleon Před 11 měsíci +2

      Next time Don’t work as hard I mean if he fires you he’ll have to pay you unemployment

    • @ladybee1909
      @ladybee1909 Před 10 měsíci +1

      Going through the same thing. I'd advise you to look for another job cause staying will only make your life more miserable

  • @rahulgaikwad4079
    @rahulgaikwad4079 Před 11 měsíci +1

    Manager Unwilling To Release My Shift Allowance - Whom Should I Escalate To?

  • @btmsportspersonel.2381

    Going to CCMA of the 15th but we a Joinder which applied for as we where 12 of us LISEN TO I WISH I DID MYSELF .

  • @PrudenceThubela
    @PrudenceThubela Před 23 hodinami

    Thank you for enlightenment however, i would like to know what happens when an employee say they are quitting or perhaps say "they will be resigning" during a heated moment, although does not hand in their resignation letter, will that constitute an officially resignation as well?

  • @thanushasreevellaisamy6514

    If in the resignation letter mentioned only contact through email and the authority still calling you and texting you , even request to meet you face to face to get signature which can done digitally but insist to meet up , is this rite thing to do ? The reason of resignation is stress .

  • @nisakhatun6435
    @nisakhatun6435 Před 3 měsíci +1

    I have resigned from my current company. Now they are not accepting it. What to do?

  • @nishantdalwadi235
    @nishantdalwadi235 Před rokem +2

    Hi. Company is asking for 7000 aed training fees from me after resignation. Company has not provided me with any training as of now nor i have signed any training document.

    • @legalleaderssouthafricanla7309
      @legalleaderssouthafricanla7309  Před rokem

      Thank you for your comment, Nishant.
      If there is no such agreement, the employer has no legal entitlement to demand repayment of training costs purely on the grounds that the employee has now resigned, especially considering the fact if no training was provided to that employee.
      I hope this was helpful!

  • @LivelysReport
    @LivelysReport Před rokem +1

    I wonder, can soldiers working for the foreign owned and bankrupt United States Corporation formally give their resignation mean they are no longer in service to the US Corporation? If they have the option to refuse my resignation, are they not then enslaving the soldier forcing him to work?

    • @legalleaderssouthafricanla7309
      @legalleaderssouthafricanla7309  Před rokem

      Thank you for your comment!
      An employer is not allowed to disallow employees from resigning. If you require further information on your issue, please do not hesitate to contact me via our website at Legal Leaders - Moolla Attorneys Inc.
      I look forward to hearing from you!

  • @alvinsario8635
    @alvinsario8635 Před rokem +5

    Sir i resign immediately due to my manager humiliates me and now he they doesnt want me to have may certificate of employment

    • @legalleaderssouthafricanla7309
      @legalleaderssouthafricanla7309  Před rokem +3

      Thank you for your comment, Alvin.
      In terms of section 42 of the Basic Conditions of Employment Act, the employee has to be provided with a certificate of service.
      If you require further assistance on the matter, please do not hesitate to visit our website at Legal Leaders - Moolla Attorneys Inc. to get into contact with us.
      We look forward to hearing from you!

    • @SPqueensvlogs
      @SPqueensvlogs Před rokem

      Even I have the same issue going on

  • @urvashipatel5214
    @urvashipatel5214 Před 7 měsíci

    I resigned in september now my boss say i have to find my replacement and have to do worl for 4 mths... so basically i will have worked 1 yr after resigned .. what a joke my company is

  • @jimbonn6941
    @jimbonn6941 Před rokem +2

    I have formally given my resignation letter but they refuse to sign... What should I do now??? Am I still going to render 30 days period?? Even I did not sign any contract??? Please give me an advice... Thank you...

  • @noroc7472
    @noroc7472 Před 2 měsíci

    In which country does this aberration happen? Resignation is a unilateral act of will. The employee must give a 20-day notice to the employer. No one can force you to work forever.

  • @headhunter_imchen.2448
    @headhunter_imchen.2448 Před 2 měsíci

    What about resignation from the post of director? Same

  • @shruthyg2605
    @shruthyg2605 Před 11 měsíci +1

    Sir I'm working in an NBfC in Kerala I have 3 months notice period but I can serve only 1 month notice period they are not accepting it. What to do... plz reply. They are not signing it

  • @abbyabby4156
    @abbyabby4156 Před 9 měsíci +1

    Saar in our country nobody resigns even after killing hundreds of innocents due to railway mistake

  • @poonamchavan545
    @poonamchavan545 Před 7 měsíci

    I joined 10 days ago.. But i want to resign the job. They didn't started my training yet. Not given offer letter yet.

  • @sanchar3385
    @sanchar3385 Před 7 měsíci

    Company manager threatening me to give handover of works otherwise we will take legal action.
    No offer letter / joining letter given,
    Worked below 6 months
    Is possible

  • @newt8583
    @newt8583 Před rokem

    If I am facing problem and not getting salary in time??? No health insurance?? No coordination???

  • @ningyoh3490
    @ningyoh3490 Před rokem

    Can you tell labours in favor of the emplyoee also ???

  • @tragicrapss289
    @tragicrapss289 Před rokem +1

    Hello,I just started working at a new company,and I wanna quit, but I have to give one weeks written notice

    • @legalleaderssouthafricanla7309
      @legalleaderssouthafricanla7309  Před rokem

      Thank you for your comment!
      As per the Basic Conditions of Employment Act, you are required to give at least 1 weeks' notice if you have worked less than 6 months. Similarly, if your contract states same, it would be in your best interest to serve that notice period, as it is not an exorbitant amount.
      I hope this helps!

    • @carolinexavier8198
      @carolinexavier8198 Před 6 měsíci

      ​@@legalleaderssouthafricanla7309 Hi, I started working from 25th Sept 2023 and I put down my papers yesterday on 3rd Jan 2024, so I jave been working here for 3 months now..
      The HR had told me that she can negotiate my 30 days notice period but today she told me that she has not approved my resignation.. This is really frustrating me

  • @user-kn8xx7gg3m
    @user-kn8xx7gg3m Před 6 měsíci

    can a company terminate an employee with 6moths of resignation revocation ?

  • @jahanzaibnawaz9837
    @jahanzaibnawaz9837 Před 11 měsíci +1

    I have resigned from my company during the probation period with a 14 day notice period but my boss threatened me that he will deal with me through his lawyer and will put a ban on me even though i haven't signed anything on my contract that can be used to put a ban on me what should i do?

  • @SidharthMishra99
    @SidharthMishra99 Před 6 měsíci

    Sir,Kindly ek proper application format batayie "mujhe transfer kariye better location ko nahi toh resignation accept kariye" isi regarding
    Application ka "SUBJECT:" me kya likhna he

  • @brucewayne54321
    @brucewayne54321 Před 8 měsíci

    Does relieving letter is important to join a new company ?

  • @Chaitanya_mali_official
    @Chaitanya_mali_official Před 9 měsíci

    I worked in the company for 3 months and left, there was a 3 year bond and I was a trainee, I had given a blank cheque of Rs 2 lac to the company, the check has bounced, now the company has registered a case against me under section 138. what should I do now?

  • @adi36908
    @adi36908 Před měsícem

    I am on bench and 90 days is the notice period in my company. But they are asking me to exit with 30 days notice period... They are not offering me any severance package. What should I do?

  • @karbi_lover
    @karbi_lover Před 11 měsíci +1

    Hi sir, i resign frm my work n serving notice period. But i have done terrible wrong as i try to claim reimbursement with my old bill, hr reject the bill and highlighted the issue to higher authority. So will i face disiplinary action / terminate/ notice warning/ or will they hold my relieving letter.. please suggest. I already send my apology mail to hr and manager..

  • @tumifaith5472
    @tumifaith5472 Před rokem +1

    What does labour law say if I change my mind after handing in my resignation can I just return to work ?

    • @legalleaderssouthafricanla7309
      @legalleaderssouthafricanla7309  Před rokem +1

      Thank you for your comment, Tumi.
      You may rescind your resignation letter. However, it is up to the employer whether he wants to accept that rescission.
      I hope this information was helpful

  • @Archisblog27
    @Archisblog27 Před 6 měsíci

    Hi I want to change my project due to work pressure and meanwhile I’m trying job change and other companies asking for immediate join so what can be done in this case please help and I my current company has 90 days notice period, please give some valid reason so that would be helpful

  • @positivemindedhub305
    @positivemindedhub305 Před 8 měsíci

    Sir, how about if there is no contract between the employer and employee, can the employee resign immidiately?

  • @Cheesepufflikeswater
    @Cheesepufflikeswater Před rokem +1

    Good day
    If my Employer accepts my immediate effect resignation (no notice), can he withhold paying out my leave days due to me?

    • @legalleaderssouthafricanla7309
      @legalleaderssouthafricanla7309  Před rokem +2

      Thank you for your comment!
      It is also not possible to withhold the final salary or accumulated annual leave of such an employee unless it was agreed to. In other words the employer must still pay the employee even IF he / she failed to serve notice and the employer as a result suffered damages.
      I hope this was informative!

  • @love_world0719
    @love_world0719 Před 10 měsíci

    Main leave leke ghar gaya tha but kisi problem ke wajah se maine decide kiya ki ab mujhe bahar job nahi karna hi to resign kaise kare?

  • @remarpolicarpio7790
    @remarpolicarpio7790 Před rokem +1

    What i will do if he doesn't want to sign my resignation letter sir? He doesn't have an email also

    • @legalleaderssouthafricanla7309
      @legalleaderssouthafricanla7309  Před rokem

      Thank you for your comment.
      An employee's decision to resign is a unilateral act and there is no obligation on the employer to formally accept the resignation for it to be effective.
      It is encouraged to get your employer to acknowledge your resignation letter to avoid further disputes.
      I hope this was helpful!

  • @user-pb9up9gv7y
    @user-pb9up9gv7y Před rokem +1

    mentally torchering thats why i want leave the company 😢they will asking 7000 dirham combansation

  • @NANBAN.vj77
    @NANBAN.vj77 Před 5 měsíci

    Hi sir I working private company 2 years agreement sign in 6 month finish I will leave the my company, my boss telling 6000 dirhams you pay, u will go....

  • @Heyrajhere
    @Heyrajhere Před 10 měsíci

    Hey i just wanted a. Aska question im right now in probation period of 2 months and i wanna quit .because everybody in the vompany ,the managers and team leader all are torturing even the collegeues .and i wanna straightly quit and i dont want to stay a single day here .will there be any legal action against me if i quit my job straight way ? Do i need to give notice period in probation ?plzz answer

  • @mosesjoshua627
    @mosesjoshua627 Před 9 měsíci

    my boss end my contract without my consent

    • @legalleaderssouthafricanla7309
      @legalleaderssouthafricanla7309  Před 9 měsíci

      In South Africa, termination without consent could be unfair dismissal. You may approach the Commission for Conciliation, Mediation, and Arbitration (CCMA) within 30 days for assistance
      If you'd like to discuss this further, we offer consultations at our firm for a fee of R850. You can easily book an appointment through our website by searching for "Legal Leaders" on Google.
      You can also save our WhatsApp number - 068 298 0918 - for quicker access to us.
      Please keep in mind that my reply now is not official legal advice, but it's meant to give you a better understanding of your situation. It is always better to book a consultation to get proper advice.
      Warm regards,

  • @nigilv.d4237
    @nigilv.d4237 Před rokem

    Dear sir
    I need ur advice as currently I work with company which I resign and formally send mail last January and I serve one month notice period (Feb 2023) as well and I continue till now and I did not withdraw just continue but now I got one offer and I need to join there immediately means with in one week so again I just top up last mail saying I dnt want to continue so am resigning with in one week so my present company saying still i need to serve one month which I told them i alredy serve . I just want your advice for this scenario.

  • @MbuleloDyakop-ik7zx
    @MbuleloDyakop-ik7zx Před 9 měsíci

    Is it permissible to employees to resign when he is offered a higher post in the same department so to accumulate his benefits?

    • @legalleaderssouthafricanla7309
      @legalleaderssouthafricanla7309  Před 9 měsíci

      Hello,
      It is permissible but always get things in writing
      Regarding our consultation services, if you feel that you require more personalized advice, we offer consultations for an R850 fee. You can book an appointment through our website by searching for "Legal Leaders" on Google. Remember, booking a consultation is optional, and there's no obligation.
      For quicker access to us, you can also save our WhatsApp number: 068 298 0918.
      Speak soon,

  • @Kepweng259
    @Kepweng259 Před rokem

    Is this implimented world wide

  • @relaxationtube2531
    @relaxationtube2531 Před 5 měsíci

    I join and quit job after 2 days,can i pay 1 months salary to company they have my certificate, starting one agreement they signed 1 month before u resign otherwise u pay one month salary, but i work only 2 days and im not like working that company if i only 2 days work that time can apply that law, because i saw article that brief mention act 27 mention if u leave job 2 days that time no need to pay for any bond agreement

  • @nonhlanhlakubheka789
    @nonhlanhlakubheka789 Před rokem +1

    Is resignation with immediate effect allowed in South Africa?

    • @legalleaderssouthafricanla7309
      @legalleaderssouthafricanla7309  Před rokem +2

      Thank you for your comment, Nonhlanhla.
      In South Africa, an employer is entitled to hold an employee bound to his or her required notice period and therefore to refuse the immediate effect of resignation.
      I hope this was useful!

  • @SPqueensvlogs
    @SPqueensvlogs Před rokem

    I have joined company after a month and I was in ON THE JOB TRAINING. I had to leave due to medical emergency. Company as 90days is notice period. Should I serve the 90days of notice period to get relieving?
    And my managers r playing with me, they r telling like either I should buy or I should serve all 3 months. I said like 1st 2 months I ll serve and last month I ll buy, for that also they r not agreeing, they r speaking very arrogantly. Please help me out.
    It would be very helpful if u respond as quickly as possible.

  • @jayakrishnansreekumar

    Hlo
    My resign was not entering
    Can i immediatly resign with out notice period.

  • @chetanshardul5661
    @chetanshardul5661 Před rokem +2

    Sir I want to change my process in my company due to my supervisor humiliates me. And I don't want to resign I just only want to change my process. What I do sir.

    • @legalleaderssouthafricanla7309
      @legalleaderssouthafricanla7309  Před rokem +1

      Thank you for your comment, Chetan.
      What exactly do you mean by "change your process"?

    • @chetanshardul5661
      @chetanshardul5661 Před rokem

      @@legalleaderssouthafricanla7309 I mean, in my company (BPO) there are many processes. My process is Aditya Birla finance and I want to move in Max life insurance.

  • @ayishalara
    @ayishalara Před 6 měsíci

    Sir I have one year contract with the company. Now I have completed 6 months probation. Can I leave the job immediately without serving notice period. The reason is my health is not in good condition but I dont have any medical certificate for that.

  • @relaxationtube2531
    @relaxationtube2531 Před 5 měsíci

    Im 2 days work and leave job can i pay company 1 months Salay they ask is this correct?

  • @223smile5
    @223smile5 Před 10 měsíci

    Can I leave my job right after I leave my resignation email? Is it illegal or has possibility to sue me?

    • @legalleaderssouthafricanla7309
      @legalleaderssouthafricanla7309  Před 9 měsíci

      If you resign without serving the notice period stipulated in your employment contract, your employer could claim breach of contract. They might withhold pay for the notice period or even consider legal action for damages. Always consult your contract and consider the implications before making such decisions
      If you require further assistance or information, please do not hesitate to get into contact with me via our website: Legal Leaders. We look forward to hearing from you!

  • @shaliniap3883
    @shaliniap3883 Před rokem +1

    Hi sir i need your help if I have medical emergency i have medical records is there to give immediately relieving ?

    • @legalleaderssouthafricanla7309
      @legalleaderssouthafricanla7309  Před rokem

      Thank you for your comment, Shalini.
      Illness does constitute immediate relieving, especially if you have medical records as proof.
      If you require further assistance or information, please visit our website at Legal Leaders - Moolla Attorneys Inc. or you may contact us for same.
      I look forward to hearing from you!

  • @yashpatel6523
    @yashpatel6523 Před 8 měsíci

    Please help me Sir --- Pvt. Ltd Company keh Rahi hen ki Reason - me company me extremely Negetivity spread kar Raha hu. Kya ye valid Strong reason hen. Please help me sir

  • @wrenneve4763
    @wrenneve4763 Před 8 měsíci

    Sir is it ok to resign after 1 year in service?for our current law regarding resignation what should i do?should i render my resignation or i will let them cancel me?

  • @gokul2869
    @gokul2869 Před 10 měsíci

    Bro i have doubt please 🙏 clear I am working in bpo if I get joining in October Capgemini means if I abscond in bpo means it will make problem or not while joining Capgemini can I tell to reason to Onboarding team i waited more than 1 year i recently joined bpo now I got joining in Capgemini so I abscond in bpo company they will accept this reason or not? Capgemini Onboarding team will ask releiving letter or not

  • @s.sumithra9784
    @s.sumithra9784 Před 9 měsíci

    Sir how can I contact you, I'm facing legal notice issue, pls kindly help me out

    • @legalleaderssouthafricanla7309
      @legalleaderssouthafricanla7309  Před 9 měsíci

      Hello,
      I'm sorry to hear about the situation you're in. Labour law matters can be complex.
      Regarding our consultation services, if you feel that you require more personalized advice, we offer consultations for an R850 fee. You can book an appointment through our website by searching for "Legal Leaders." Remember, booking a consultation is optional, and there's no obligation.
      For quicker access to us, save our WhatsApp number: 068 298 0918.
      Speak soon,

  • @childishmotley235
    @childishmotley235 Před rokem +1

    last year I resigned from my position. the employer pro ratad my last month of work with out my consent. he then short paid me by about 5k.
    could I take him up for this?

    • @legalleaderssouthafricanla7309
      @legalleaderssouthafricanla7309  Před rokem +1

      Thank you for your comment.
      Kindly advise if you served your notice period upon resigning.
      If you require further assistance, please do not hesitate to cotact me via our website at Legal Leaders - Moolla Attorneys Inc.
      You may send me an email regarding your matter.

    • @childishmotley235
      @childishmotley235 Před rokem

      @@legalleaderssouthafricanla7309 in the contract, it stated 1 month notice. I handed in my notice and mentioned that I could serve 3 weeks, because I needed to move back home.
      I had 8 days of leave left also

  • @singhmilandip
    @singhmilandip Před 7 měsíci

    Sir my company is asking for recovery amount from me inspite of me working there for only two weeks and at the time of resignation nobody told me that i need to serve the notice period or pay compensation. But in my appointment letter it was mentioned that the company holds the rights to claim for recovery amount for not serving the notice period. Am i liable to pay sir?

    • @chirag41
      @chirag41 Před 6 měsíci

      Anything happened?

  • @hritikbarnwal5230
    @hritikbarnwal5230 Před 8 měsíci

    sir if resigned before 3 months completion and there is no offer/ appointment letter or no agreement or bond is signed then can the employer demand 2 months salary for immediate resign.?

    • @legalleaderssouthafricanla7309
      @legalleaderssouthafricanla7309  Před 8 měsíci

      Without a formal contract or agreement specifying terms for resignation, an employer in South Africa typically cannot demand two months' salary for immediate resignation. However, it’s advisable to provide the notice period as per the Basic Conditions of Employment Act or common law, which is generally one month unless otherwise agreed.
      If you require further assistance or information, please do not hesitate to get into contact with me via our website: Legal Leaders. We look forward to hearing from you!

  • @sivaganesh5845
    @sivaganesh5845 Před 9 měsíci

    My company is having 3 months of notice period, due to my health issues i couldn't able to work on notice period,but have served my whole notice period without salary. Now after 9 months, i got a letter from advocate, saying that i need to pay rs 1,55,252 with in one week.
    But nothing has mentioned about this pay in my offer Letter as well.
    Should I pay rs 1,55,252 to the company now?
    Kindly help me on this issue...

  • @mohammadbasheer4069
    @mohammadbasheer4069 Před 7 měsíci +1

    Hello Sir,
    My ex-employer is refusing to issue the relieving and experience letter due to one pending payment to be received from the customer. But that order has been taken with HODs approval who is still serving the company. Its been 8 months they are not issuing the documents and demanding me to collect the due amount. Please suggest.

  • @ExploringLife-qy4ps
    @ExploringLife-qy4ps Před rokem

    Hi
    I have resigned 4months back and HR didn’t not acknowledge my email I have served my 30days notice period
    Now I wanted to leave my company do I need to serve notice again ?

  • @bimalpatel7758
    @bimalpatel7758 Před 11 měsíci

    In. This case company can deny to provide reliving latter