More employment contract questions ???

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slyguy

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#26042 10-Sep-2008 15:01

Hi,

I've been working in a role for nearly 3 weeks now... and it's perhaps not all I was assured it would be... So, i'm just looking at what my options are... (i know, 3 weeks is nothing :) )

I'm originally from the UK, and know that if, within the first month or so, I wanted to leave, I can effectively just walk, or certainly give no more than 1 weeks notice..

I've just gone anc checked my contract, as I was curious about the section referring to "Termination of Employment"...

Basically, this sections says that "Either party may terminate this contract with not less that 1 months notice in writing"

I am stuck with this ??? or is it similar to the UK that this doesn't really apply till after 1 months service ???

(i've not even been paid yet :).... so certainly not going to mention it yet ! )

Cheers

rscole86

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#163503 10-Sep-2008 15:18

AFAIK you cannot just walk off the job. Though that may be different if you are a contractor as opposed to a waged or salary based employee.

Even if you did just walk off, they cannot withhold any payments owing to you, this being any accrued holiday leave pay as well as any outstanding pay. So they would have to pay you for your three weeks pay, but I am not sure how the holiday pay would work. As you are only entitled to holiday leave after 6 months service.

Your holiday pay would only equate to 8% of your 3 weeks of work though, so its not like you will be rolling in cash if you did walk out. The other thing to be careful of is if you used a recruitment agency it may make it more difficult for you to get further employment.

Wise

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nate

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#163504 10-Sep-2008 15:22

Your contract sounds as though you must give you employer 4 weeks notice - I'd have a chat with your employer and see if you can't come to a mutually benefitting conclusion.

rscole86: The other thing to be careful of is if you used a recruitment agency it may make it more difficult for you to get further employment.

With all the recruitment companies I've ever dealt with, I'm yet to find one that I'd ever use again, let alone recommend anyone else use for finding employees.

slyguy

47 posts

Geek

#163509 10-Sep-2008 15:32

Cheers for the responses...

It's not like i'm intending to walk today or tomorrow... I'm was just trying to find out if there was anything daft like a 1 month rule, that would mean I could if i needed too..

My problem is that i've started the job, and haven't actually done ANY work yet... I have the joy of sitting in front of a laptop, with NOTHING to do all day every day at the moment.... which believe it or not, is extremely frustrating..

The area i've been employed in, is a new line of business for this company, and i'm being assured that work will come in time... My concerns are that they don't really seem structured to be able to deliver the services that they intend to, even if the work does start to come in..... and I certainly dont want to be left in a position, that in 3 months time, if they decide that it's not working, that i'm asked to leave... as i've just had a VERY expensive move from the UK, and have a family to support... So it's mostly about trying to protect my interests..

The surreal thing is,,, up until about 3 - 4 weeks ago, i was working my nuts off, doing 60+ hours a week.... and here i am,.,,, doing nothing at all...

nate

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#163511 10-Sep-2008 15:39

slyguy: My problem is that i've started the job, and haven't actually done ANY work yet... I have the joy of sitting in front of a laptop, with NOTHING to do all day every day at the moment.... which believe it or not, is extremely frustrating..

I think rscole86 will agree with me here - GZ chat is the answer

Seriously, I hope it all works out for you.

slyguy

47 posts

Geek

#163520 10-Sep-2008 15:52

I think rscole86 will agree with me here - GZ chat is the answer

I just read that, and thought... woo hoo, something to do...

Went to go and connect in... let it download the java elements etc... only to find out "Connection Refused"... which I suspect is the bastardised internet connection we're running on here (Proxy to Wellington through ISA, with lots of restrictions)..

This sucks!

I used to download films galore at work, no longer ! :)

rscole86

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#163523 10-Sep-2008 16:10

I do agree with nate

though you may have better luck with this and you want the synirc network, and #geekzone channel.

Gremlette

19 posts

Geek

#164960 16-Sep-2008 22:47

slyguy: Cheers for the responses...

My problem is that i've started the job, and haven't actually done ANY work yet... I have the joy of sitting in front of a laptop, with NOTHING to do all day every day at the moment.... which believe it or not, is extremely frustrating..

... as i've just had a VERY expensive move from the UK, and have a family to support... So it's mostly about trying to protect my interests..

.... and here i am,.,,, doing nothing at all...

All I can Say is 'Welcome to KiwiLand' (one brit to another). This is the PRIMARY reason we went under our own Limited Company. We have LOTS to do now!

bazzer

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#164971 16-Sep-2008 23:03

rscole86: Even if you did just walk off, they cannot withhold any payments owing to you, this being any accrued holiday leave pay as well as any outstanding pay. So they would have to pay you for your three weeks pay, but I am not sure how the holiday pay would work. As you are only entitled to holiday leave after 6 months service.

Not that it seems that it's important given how this thread has progressed, but the above statement is not true. If you leave and you do not give the required 4 weeks notice, the employer is within their rights to withhold payments owing to you. Generally up to the value of the notice period, including holiday pay. It is also deemed breach of contract, would you really want to go there?