Notice Period Resignation

Sydneyswans on 10/12/2015 - 09:22

I think its very unreasonable for an employer to have a 4 week notice period in their contract when many roles on offer via seek etc have an "immediate start". I was fortunate enough to find a new role that begins early January which is a step in the right direction and a move forward however I only became permanent full time in my current role in July so I thought I would have still had a 6 month probationary period which would have ended at the end of December unfortunately not the case

I requested to finish my current role in the first week of January so I could at least have a few days off but even then my current employer said I had given the 4 weeks notice and that business needs came first so I might have to stay up until the day that my new role begins. Just wanted to give my feedback and if anyone has any advice on this one would be much appreciated.

Education & Work

Comments

  • nocure on 10/12/2015 - 09:43
    +1

    Firstly congrats on your new job…don't know about others but if your sitting there on four weeks notice there won't be alot of "work" going on.

  • CyberMurning on 10/12/2015 - 09:45
    +1

    "many roles on offer via seek etc have an "immediate start". "
    those roles are for contract usually. people under contract or part time or casual can leave immediately and go to the new roles.
    for full timer like yourself, the immediate start job is not what we look for.
    i mean everyone in australia is know, when they are looking for fulltime staff that are currently working full time, they have to wait for 4 weeks once they offered the job to a candidate

    but, yes i agree with you, 4 weeks is too long.
    at the end many employers still cant get the replacement after 4 weeks anyway.
    and if we have decided to leave a company, it is a pain the axxxx to still working for another 4 weeks. FOUR! one or two maybe ok.
    the mood is just not there anymore once you handed in the resignation letter. employers should know better than keep employing someone who decide to leave them.

    • stargalaxy on 10/12/2015 - 16:42

      I think 4 weeks is reasonable because from employer view point, if you leave, they have to find a replacement which includes advertising and interviewing and they will be lucky if they can find a replacement within 4 weeks time.

      • kryptoz on 10/12/2015 - 23:30

        In most industries it takes months to find a suitable candidate for a permanent position — HR is usually not nearly as discriminating when it comes to temporary or contract hire staff, since these are not viewed as long-term, they often just take recommendations of an agency and may get someone in within a week or less.
        In this case, the employer now has to pay the now disgruntled employee, for 4 weeks of work they will most likely not finish properly — that person already has their next job ready to go so why would they care what the employer does…
        With long service/holiday/etc leave owing, the OP would probably want to end peacefully with their employer, otherwise they are in a good position to negotiate that 4 weeks down to 1-2 weeks.

    • esty on 14/12/2015 - 16:36

      IMO, the immediate start a takes into cosideration the notice period. I think what they mean is that they prefer you start the new role immediately after the current role. For example, some people like to go on a short holiday after the notice period.

      Also, congrats on the new role! :)

  • chill on 10/12/2015 - 09:46
    +2

    Take a couple of sickies at the end.

    How hard can it be?

  • Sydneyswans on 10/12/2015 - 09:54

    Trust me they can get replacements in this role as its not that difficult through agencies etc. We already have enough casuals here that can easily fill the void but they do get frustrated when senior team members move on. Hence my disappointment at 4 weeks notice… I wanted to take a few days off head to the the Gold Coast for a few days before going back to Sydney…

    • CyberMurning on 10/12/2015 - 10:00
      +1

      agree. for low medium level of staffs, should be 4 weeks just 1 or 2 tops max is enough to hand over etc.

      • Sydneyswans on 10/12/2015 - 10:12

        exactly my case in point. I'm not a casual anymore I took on full time work when it was offered not by choice but under duress as I was afraid to risk losing the job and this was one of the terms and conditions of the role.

        I can understand an upper level manager having to go through a handover process and what not but not someone in client services. Casual can just leave when they want which is a bit unfair…

  • frondono on 10/12/2015 - 10:14
    +1

    Go to your doctor and explain the situation I'm sure they will give you medical leave to give you some rest.

  • Donaldhump on 10/12/2015 - 10:32
    +2

    any new employer would easy wait 4 weeks, as they would want you to give them 4 weeks notice if the shoe was on the other foot…
    no one other than unemployed people can start immediately…

    • kryptoz on 10/12/2015 - 23:33

      Not only the unemployed — contractors can quit their post on the same day if they want to, they are effectively self-employed (albeit burning bridges like that would earn a really bad reputation in the industry and amongst agencies).

  • elvino on 10/12/2015 - 12:02
    +1

    So you sign a contract with a 4 week notice period, and now it doesn't suit you? 4 weeks notice is a courtesy to the employer to allow sufficient time to recruit a replacement.. Yes it usually takes longer, but thats irrelevant, a contract, is a contract.
    If you had any annual leave left, you could also take that in your notice period to allow you the time off.

  • SnakeDoctor on 10/12/2015 - 19:22
    +1

    It can get ridiculous - I've seen a company "force" an employee out (by making their life hell utill they resigned), THEN made them stick around for another 4 weeks…[WTF]

    • purplelady on 02/03/2016 - 12:25

      This sounds familiar, what company is this?

  • chumlee on 10/12/2015 - 19:36
    +2

    You can finish up whenever you want and your employer can't do a thing about it ad it would cost more to go to court and enforce the contract than what it will be worth.

  • Tcm9669 on 11/12/2015 - 08:32
    +1

    You can use your annual leave as notice.

  • maxsdadda on 11/12/2015 - 10:10
    +1

    Hi,
    I employ staff regularly and occasionally encounter issues. All of which can be easily fixed with open communication and honesty during discussions.

    Forgive me if anything of what is said below is inaccurate, only going on my experiences.

    The reality is that appointing a new person to fill most roles takes longer than the notice period required. You need to advertise, screen, interview then select (And hope they haven't found another job in that time). Then the actual on the job training begins, all the while the employer is left paying TWO people to do the job of one person.

    I am in Victoria (The laws may be different in each state though. Depending on the industry you don't HAVE to give 4 weeks notice. I believe this is an old myth. Check the fair work notice period link below.
    https://www.fairwork.gov.au/ending-employment/notice-and-fin…

    It really depends on your industry, however also depends on your employment contract.

    Having said that, 4 weeks is a relatively short time especially over Christmas when you're getting days off AND getting paid for them (Again, depends on your situation and if you're full time).
    You can use your annual leave ONLY IF you've accrued enough, and only if the employer agrees.
    I think the worst thing they can do if you leave when you feel like it is to withhold your payments until that time has lapsed. Eg- if you quit today and don't come in to work any more, they could withhold the final payments until then notice period has lapsed.

    The other side of the fence is depending on your tenure at the company, even being casual doesn't warrant you being able to walk out the same day you want. There are still policies in place at most businesses to prevent this.
    Again, all in all, really depends on your situation and field of current employment.
    Congratulations on the new job, try not to burn this bridge on your way out. You're getting enough time off over Christmas so perhaps make use of that and/or ask for a days leave to make a 5 day weekend over Christmas or something?

    Best of luck.

    • Sydneyswans on 11/12/2015 - 10:26

      My current role is not hard to fill. Its always advertised through recruitment agencies and training someone is not a lengthy process (can be done in a matter of days) since its just customer service. Casual staff are employed all the time and since many casuals only work a few weeks and maybe move on to something more fulfilling sometimes it feels like a revolving door.

      Secondly this business operates 365 days of the year due to the nature of the product so I didn't get given time off like in some companies.

      I can understand why there is 4 weeks notice required even though I have only been considered full time for 6 months not that I have to agree with it just accept it for what it is.

      So based on my prior experience when someone leaves the recruitment agent can pretty much line up a causal straight away. Not going to burn bridges either. People know my plans now and are supportive, some envious because of the financial gains and employee benefits from moving onto a new role with a similar scope and context. I just hope this doesn't start a trend of a mass exodus of employees who find more fulfilling opportunities elsewhere.

  • dfr on 11/12/2015 - 13:23

    Notice period works both ways as it's usually the same amount of notice they have to give you when they fire you.

    So to turn the question around, do you think 4 weeks notice is excessive if you were let go?

  • Sydneyswans on 11/12/2015 - 14:32

    last time that happened to me I was told not to come back… it was one day's notice and that was that….

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