Dracoro

Been in my current role 15 months. Have almost been offered work (contracting) out in Auz and they want to know when the earliest I can be available is.

Current role dictates that I must give one months notice. I have 4 weeks untaken leave (let's say I'm entitled to 2 weeks as it's only halfway through the year). So the question is, can I (by law?) give them one months notice but actually leave in 2 weeks? What do I compromise by giving notice and walking out in two weeks anyway. I can handle not getting paid for it, but can they actually 'make' me stay or compromise future positions (i.e. reference etc.)?

Quite a nice company so shouldn't be a big issue but would like to know what I can do if they decided to be awkward.

boxst

Hello

If they decide to be awkward they can insist you work 4 weeks and then pay you for your outstanding holiday.

I doubt they would be awkward.

Steve.

imlach

If you think about it, if you work for 4 weeks, and then get paid for the 2 weeks holiday, you'll have a bit more cash to help with your move to Oz.

Once you're on notice period, you're going to be winding down anyway....job will be easy. No longer hours, stress, etc.

Suresh

AFAIK your holiday entitlement is sacrosanct. Your should be able to resign and leave the office within two weeks. However, you will technically still be employed for one month from the date of resignation so you shouldn't start working for someone else before then unless your current employer allows it.

Best think to do is to make sure you leave on mutually-agreed terms. No point burning any bridges.

Good luck in Oz!

Suresh

Faire D'Income

Yes, you can but unless you have an Oz passport your never going to get the relevant work permits in that timescale I wouldn't have thought, so you may as well make the most of your salary.

Kieran_Burns

iTrader: (1)

The notice period is for your protection, not your employers.

You can walk into the office and say "I quit". Walk out and fly to Oz the same day.

It's a bit unfair on your current employers, but it is legal.

Aaquil

Keep on good terms you never know when you may need them. Also if they have been good to you then you should be good to them. Whatever you decide make sure you give your notice in writing.

camk

if you're unlikely to use them as a reference then you can walk. They also have to pay your holiday pay legally so its not problem legally to just go.

Diablo

Em..no.

If you have a contractual obligation (as most employees will have) to give 1 or more months noice and you walk you are in breach of contract. Your employer could then:

Refuse to pay you any contractual entitlements over and above what you are entitled to by statute (holidays?)

Sue you for the cost of replacing you for the month

Sue you for any additional losses arising from your early departure.

And as far as your being able to take your holidays rather than work, again that depends upon the terms of any contract you have. Your employer may be quite within their rights to ask you to work and then pay you the 2 weeks holidays.

Best thing to do, as has been said, is to sit down and reach agreement with your employers amicably.

At the end of the day, its only a month...

boxst

Hello

Unlike me who is just about to breach his 6 month notice period...

Steve.