Asked by M Ras on 14-02-2022 10:13:41
Question posted in the General Law category relating to Western Cape
I need some advice on the following clause in my employment contract. I have a new job oppurtunity.
My employment contract which I signed states that I would need to give two calendar months notice but the new company want to know if I am able to give one month instead.
This clause is where I need some advice as to what will happen if I give one months notice instead of the two as per my contract.
In the event that you terminate your employment without tendering the required contractual notice period. you agree to pay ..... an amount equal to the period of notice not given, in order to compensate .... for damages as a result of your breach of contract, in addition to any other remedies that it may have in terms of the common law.
You consent for a deduction to be made from any final payment that .... may owe you to settle such indebtedness as per above
If you would like to view the entire answer, you will need to either login or register a FREE account.
Disclaimer
DISCLAIMER: Advice or answers from Lawyers on South African Legal Advice are not substitutes for the proper advice of an Lawyer. South African Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not South African Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.