Resigning from a job is a big decision, and in South Africa, the process can sometimes be a little more complicated than simply handing in your notice. It does not really matter why you are planning on resigning. Perhaps you have new opportunities on the horizon, or, you need to take some time off to rethink your priorities and regroup, resigning the right way can ensure that you leave your job on good terms and with all your employee rights intact.
This article aims to walk you through every step of the resignation process in South Africa. By the end of this, you will understand your legal obligations, know how to write a professional resignation letter, and do it while maintaining a positive relationship with your employer.
Why Resigning Professionally Matters
We all know that first impressions count, but so do last ones. How you resign and leave a job will either positively or negatively affect your professional reputation and your ability to add a reference to your CV for future roles.
Resigning professionally has the following benefits:
- You will maintain a good relationship with your current employer
- You will ensure that you receive positive references when applying for future jobs
It will ensure that you receive all the compensation that you are entitled to, including unused leave - In South Africa, it is especially important to follow the correct legal procedures when handing in a resignation. The Basic Conditions of Employment Act (BCEA) outlines the legal requirements regarding notice periods, Let us have a look at these requirements in a little more detail below.
Understanding Your Rights and Obligations
Before you resign, it’s crucial to understand the legal requirements involved. In South Africa, the Basic Conditions of Employment Act (BCEA) governs notice periods, and your employment contract may also include specific clauses related to resignation.
Notice Periods: What You Need to Know
Generally speaking, when you hand in you resignation letter you do not stop working immediately. A notice period is the time that you are required to work after submitting your resignation. This period is designed to allow your employer to find a replacement for your position, and ensure a smooth transition between your leaving and their arrival. According to the BCEA, the minimum notice periods in South Africa are as follows:
- 1 week if you have been employed for up to 6 months.
- 2 weeks if you have been employed for between 6 and 12 months.
- 1 month if you have been employed for more than 12 months.
However, usually, your employment contract will specify the agreed-upon notice period. Therefore your employment contract may specify a longer notice period. Legally an employment contract may extend the notice period, they cannot shorten it below the BCEA minimums. Also, the employer will be bound to these agreed-upon notice periods in the event of them dismissing a staff member.
Can I Resign With Immediate Effect?
Resigning with immediate effect means you don’t work your notice period. You hand in your resignation and leave your place of employment that same day. Legally speaking this is considered a breach of contract, and your employer may have legal grounds to take action against you. This might include seeking compensation for any losses they incur due to you leaving earlier.
It is always recommended to give the proper resignation notice. However, there are certain circumstances where you might have grounds for an immediate resignation. These are called extenuating circumstances and can include things such as health issues or an unsafe work environment. Another reason could be that your employer is unfairly making life for you unbearable and you feel that you have no option but to resign, this is called constructive dismissal. In any of these cases, please speak to a labor lawyer first to ensure you’re handling the situation correctly.
Does My Employer Need To Accept My Resignation?
No! Simply put, South African courts have already ruled that a person’s resignation is a unilateral act. This means that it is an action taken by one person and does not require the agreement of another person to be valid. So, your employer doesn’t have to accept your resignation for it to be valid, especially if you are following the law and terms of your employment contract.
How to Write a Professional Resignation Letter
Your resignation letter is your formal notification to your employer that you are leaving. Handing in a professional resignation letter is vital, even if you’ve already had a conversation with your manager about your plans to resign.
Here’s a simple guide to writing a professional resignation letter:
- Start with a formal greeting: Address your letter to the appropriate person. This might be your manager or generally the HR department.
- State that you are resigning: Be clear and direct. For example: “I am writing to formally resign from my position as [Job Title] at [Company Name], effective [last working day].”
- Provide the notice period: Mention the length of your notice period and your willingness to assist in the handover.
- Express gratitude: Even if your experience wasn’t the best, it is important to stay positive. You could say something like: “I am grateful for the experience acquired and the opportunities I have had to grow at [Company Name]. Working with such a talented team was a privilege.”
- End on a positive note: Close with a positive phrase like: “I look forward to staying in touch.”
A sample resignation letter could look like this:
Dear [Manager’s Name],
I am writing to formally resign from my position as [Job Title] at [Company Name]. I will serve my [Number of Weeks] notice period, as stipulated in my contract, and my final day of work will be [Date].
I am truly grateful for the opportunities I’ve had to grow professionally during my time at [Company Name]. I have enjoyed working with you and the team, and I hope to stay in touch.
Please let me know if there’s anything I can do to help ensure a smooth handover during my notice period.
Thank you once again for the support and guidance you’ve provided me during my time here.
Kind regards,
[Your Name]
Navigating the Resignation Process
Resigning isn’t just about handing in your letter, there is a process that needs to be followed. Here is how to do it right.
1. Schedule a Meeting with Your Manager
Before submitting your resignation letter, arrange a private meeting with your manager. This shows respect and allows you to discuss your reasons for leaving. Many people make the mistake of over-sharing negative experiences at this stage, as they know that they will be leaving the company soon and want to get things off their chest. This is a mistake! Keep the conversation positive. Focus on YOUR future goals, rather than any negative experiences you may have had.
2. Handling a Counteroffer
In some instances, your manager may respond to your resignation with a counteroffer, this is an offer to stay on with a pay raise or other benefits. It may be very tempting to accept this offer, but studies show that most employees who accept counteroffers end up leaving the company within six months. It is generally far better to stick to your decision, especially if your reasons for leaving go beyond salary.
3. Inform HR and Colleagues
In large organizations, it is important to inform the HR department, after speaking to your manager. Especially if there are specific procedures or exit interviews you need to follow. In most smaller to medium-sized businesses it is likely that simply informing your manager is sufficient. Once this is out of the way you should let your colleagues know about your decision. Be positive about it and avoid any negative comments or gossip.
Legal Considerations and Your Final Paycheck
When you resign, you still have rights and you are entitled to certain things such as your final paycheck and any benefits owed to you. Here’s what you need to know:
- Outstanding Leave: If you have any unused annual leave days, your employer is required to pay you out for these when you resign.
- Severance Pay: You are not entitled to severance pay when you resign unless it’s part of your contract or company policy.
- Pension or Provident Fund: Make sure to clarify what happens to your pension or provident fund. You may be able to transfer it to a new fund or cash it out, but this comes with tax implications.
The Exit Interview: A Chance to Give Constructive Feedback
Most companies conduct exit interviews to better understand why employees are leaving and to gather feedback on their experiences. These might be formal exit interviews or so informal that you do not even realize that you having one. Remember, it may be tempting to let loose if you have had a really bad experience. Try your very best to avoid doing this, it is always best to remain constructive and professional. You can offer suggestions for improvements, but avoid personal attacks or overly negative comments.
How to Maintain Professionalism During Your Last Days
Once you have given notice of your resignation, it can be very easy to mentally check out. It happens all the time. The problem is that these last few days will often be how you are remembered. So even if you have worked hard for two years for the company, if you check out during the last month and let things fall through the cracks you might not get the glowing reference you were hoping for when the time comes. So it is important to maintain a professional attitude throughout your notice period. This includes:
Completing Outstanding Tasks: Finish any projects that you are working on or hand them over properly to a colleague.
Documenting Processes: Write down any important processes or knowledge that your team will need after you leave.
Staying Positive: Keep your interactions with colleagues positive, and avoid gossiping about your departure.
Conclusion
Resigning from a job is a major step, but one that most of us will need to go through if we want to grow in our careers. If handled properly, it can open the door to new opportunities without burning bridges. If you follow the steps outlined in this guide you will be well on your way to a smooth, professional exit that leaves a positive impression.
LEGAL CONTENT DISCLAIMER
The information contained on this website is simply aimed at providing readers with guidance on labour law in South Africa. This information has not been provided to meet the individual requirements of a specific individual. Bizcraft will always suggest that legal advice be obtained to address a person’s unique circumstances. It is important to remember that the law is constantly changing and although Bizcraft strives to keep the information up to date and of high quality, it cannot be guaranteed that the information will be updated and/or be without errors or omissions. As a result, Bizcraft will under no circumstances accept liability or be held liable, for any innocent or negligent actions or omissions which may result in any harm or liability flowing from the use of or the inability to use the information provided.