I'm looking to resign from my job and my contract states 'you may end your employment at any time by giving one month's written notice to the Company.' Now my question is, what is one month? 30 days, 31 days, 4 weeks, something else entirely? Any help would be appreciated! Thanks :)
Resigning - what do you consider 'one month's notice'?
the.piemaker on 15/06/2016 - 20:01
Last edited 15/06/2016 - 20:01
Last edited 15/06/2016 - 20:01
Poll Options
- 030 days
- 131 days
- 654 weeks
Comments
Weeks. They use the term 'weeks' instead of months in their terminologies. I gathered that info from various legal and industrial websites. Google 'Notice periods (National Employment Standards)' or 'fair work act 2009 resignation notice'.
However, read the contract wording and best of luck!Thanks, I'll have a look
In every single employment contract I've ever seen it's been stated as "Four weeks notice". If they do say "One month" then it would imply a calendar month (give notice on the 14th, your last day will be the 13th of the following month).
Remember you'll most likely need to use these people as future referees so it's best to not get too finicky over the interpretation - not worth burning bridges for a day here or there.
I'd go a calendar month, but what difference is a couple of days anyway, in the scheme of things?
I'm trying to co-ordinate it so that it coincides with my annual leave :D
My work mate on leaving did something similar and they made him come back one week after his 4 week annual leave so he could hand over his work to someone else.
risk a few days of unpaid leave and live a little!
If you are after a legal definition consult the relevant legislation or a lawyer.
In this NSW law that came up top of my google search the definition is:
"calendar month" means a period commencing at the beginning of a day of one of the 12 named months and ending:
(a) immediately before the beginning of the corresponding day of the next named month, or
(b) if there is no such corresponding day, at the end of the next named month.That would mean, for example, that one month from the beginning of 16th of June would be the end of 15th of July and one month from the beginning of 30th of January would be the end of 28th of February.
None of the above.
Normally you have to give your pay period as notice, unless your contract states it differently. Contracts usually just stipulate the pay period. Pay periods are usually 14 days (fortnightly pay) monthly (4 weekly pay) or calendar month (hours calculated pro-rata) or quarterly, etc. If you are paid casually, the period is whatever the contract states it to be.
my contract states 'you may end your employment at any time by giving one month's written notice
So what is your pay period? weekly, fortnightly or monthly?
If monthly, you have to provide a calendar month
Weekly or fortnightly, 4 weeks or if you want to be nice, ask what they would like.
If however you are paid every 4 weeks, 4 weeks only.
have you asked them?
This. Chances are it's negotiable within reason. If you are on good terms then I don't see why you couldn't negotiate with your employer to get it anywhere down to 2 weeks if it suits you both. The whole reason it states 1 month is to give them a few weeks to advertise and recruit someone to replace you. Depending on how critical to operations your role is they might be able to cope with out the position filled for a couple of weeks. Do they back fill your position when you are on leave or just leave the work until you return?
4 weeks is not equal to 1 month.
It will never be equal to 1 month.
The pay period is not an issue.
The contract states "you may end your employment at any time by giving one month's written notice"
As an HR manager if someone resigned today I would expect them to work until at least the 16 July.@bradn 'The pay period is not an issue'
It sometimes is… because by law you (or the employer) must give at least one pay period's notice.
Also, giving less than a calendar month will be fine- if your line manager agrees in writing.
Update, if anyone is interested. Tendered my resignation with 4 weeks' notice and all was good in the hood. Thanks for all the advice!
4 weeks is what I would consider one months notice.