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I am extremely unhappy at work, My contract states I have to give three months notice. The one director is extremely abusive to me and the other one "Jesus f**king Christ" swears at his computer all the time. Is there a way I can get out of serving this notice and still get paid for it ? I have been at the company 9.10 years and suddenly can't do anything right. They have tried to change my salary and working hours without consulting me too?
Optional Information: Province: Gauteng Already Tried: Nothing, Director is irrational and abusive!
Good day. You basically have two options:1. Negotiate with them that you will give notice and request them to allow you not to work the notice period under section 38 of the Basic Conditions of Employment Act. Note that this is their prerogative and that you cannot demand it. If you want to be paid for the notice period and they are not willing to invoke this clause, then you will have to work the notice period.2. Resign, leave employment immediately and go to the CCMA and lay a claim for constructive dismissal. If successful, you will probably be awarded with between 3 - 6 months' salary by the CCMA. This is, however, not without risk. Proving constructive dismissal is a very difficult thing to do and you should do a lot of research on the subject if you decide to continue with that cause of action. There is brilliant resources in the form of www.labourguide.co.za that will give you a wealth of information on the subject.
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Experience: L.LB, Civil and criminal litigation, contracts, labour and family law