Top Ten Need to Know Resigning

Top Ten Things You Need To Know About Resigning

 

Silly season is here, some of us are rushing to wind up business for the year, some are dreaming of December vacations and some are already planning 2017. The end of the year also brings many changes in the job market, talent pool and in a company’s staff complement.  Resignations can be disruptive, hiring staff more difficult and decision making tricky.

The decision to resign at the end of the year – is a tricky but common one. The desire for a fresh start in the New Year, holding out for December bonuses, losing out on December leave, loyalty to an Employer and urgency from the Hiring Manager, makes the decision conflicting for everyone.

Our recruitment team has put together a list of our Top Ten Things You Need To Know About Resigning:  

  1. Firstly, we might be stating the obvious, but make sure you that you receive the offer of employment in writing before you resign. Whether it be a letter of offer addressed to you or a formal contract, do not resign based on a verbal offer.
  2. Make sure that you put your resignation in writing. Remember that once your employer has accepted your resignation, they are not obliged to keep you should you change your mind and decide to withdraw your resignation.
  3. A resignation is a unilateral act, which means that it does not require acceptance by your employer. Resignations become effective once they have been submitted.
  4. Never burn bridges. Always be professional in your resignation and throughout your notice period, you might need an employment reference in the future.
  5. Bonuses and 13th cheques are discretionary and are based on a company’s own policies. Make sure you get all the information before hand and understand the company’s policy before you make a final decision.
  6. Discuss your notice period. Resignations can be very disruptive for a business, especially during the end of the year. Be open and discuss your notice period with your Employer to reach a mutually favourable arrangement.
  7. Make sure you understand the required notice period in your employment contract. The BCEA indicates the minimum prescribed notice periods, however if you have agreed to a longer notice period with your employer, this constitutes the required notice period.
  8. Work your agreed notice period. According to the Basic Conditions of Employment Act, the employer must pay an employee for his or her notice period, even if the employer does not require him or her to work the entire period. However, the employer is not compelled to pay the employee, should he or she not be willing to serve the full notice.
  9. Be wary of counter offers. We come across counter offers all the time, and rarely do they end happily. Remember your reasons for changing jobs and why the issues were not fixed before your resignation. Also, consider that after accepting a counter offer, your integrity may be questioned further down the line.
  10. Whilst finishing up at the company, assist in making the transition as easy as possible. Keep on good terms with your colleagues and management, wrap up as much as you are able to, offer to help find or train your replacement, and if asked, do the exit interview with HR.  
Employment Equity in your Job Search

Employment Equity in your Job Search

Employment Equity is a factor that many South African job seekers deal with whilst looking for employment. The purpose of the Employment Equity Act, 55 of 1998 is to achieve a diverse workforce which is broadly representative of all designated groups and to eliminate unfair discrimination in employment.

Unfair discrimination in the Employment Equity Act, applies to both job applicants as well as employees. Section 6 of Chapter 2 states the following:

6. (1) No person may unfairly discriminate, directly or indirectly, against an employee, in any employment policy or practice, on one or more grounds, including race, sex, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV status, conscience, belief, political opinion, culture, language and birth.

(3) Harassment of an employee is a form of unfair discrimination and is prohibited on any one, or a combination of grounds of unfair discrimination listed in subsection (1).

There is however a difference between fair and unfair discrimination. Subsection (2) states:

(2) It is not unfair discrimination to:

(a) take affirmative action measures consistent with the purpose of the EEA

(b) distinguish, exclude or prefer any person on the basis of inherent job requirements.

 

Affirmative Action, in terms of the Employment Equity Act, is fair discrimination as it addresses the imbalances of the past. However, affirmative action needs to be implemented fairly and according to the Employers Employment Equity plan. These measures should not include absolute barriers to prospective or continued employment, or to the advancement of people who are not from designated groups. All applicants should have an opportunity to apply for a position and preference can be given to an applicant from a designated group who is suitably qualified.

Discrimination based on inherent job requirements, is also fair discrimination according to the Employment Equity Act. The Code of Good Practice of Employment Equity describes essential job requirements as the skills, knowledge or experience that are necessary to perform a job.

Suitably qualified candidates from designated groups should have equal opportunities according to Section 15, Chapter 3 of the Act, therefore affirmative action measures are not required to be applied to applicants who are not suitably qualified for the position. Employers need to take into account the applicants formal qualification; prior learning; relevant experience; or the capacity to acquire, within a reasonable time, the ability to do the job but cannot discriminate based on only lack of relevant experience, unless it is an inherent job requirement.

Chapter 2 of the Employment Equity Act also protects job applicants and employees against unfair medical and psychometric testing. The Act states that medical testing is prohibited unless (a) legislation permits or requires the testing; (b) it is justifiable in the light of medical facts, employment conditions, social policy, the fair distribution of employee benefits or the inherent requirements of the job. Testing an employee to determine HIV status is also prohibited unless the testing is justifiable as ruled by the Labour Court.

Psychological testing and other similar assessments are also prohibited unless the test or assessment (a) has been scientifically shown to be valid and reliable; (b) can be applied fairly to all employees; (c) is not biased against any employee or group.

The Act aims to protects the rights of employees and job applicants and to provide the framework for fair employment practices in South African workplaces.