3 Months Notice of Resignation - Normal or No?

purplelady on 03/03/2016 - 10:31

Hi guys,

My company suddenly ask everyone to re-sign a new contract that's changing our notice of resignation period. We're all currently on 1 month notice, however now it's changing to :
1 month for 1 year employment
2 months for 2 years employment
3 months for 3 years employment or longer.

This works for both employees and employer and they do put a line saying if less notice is required, it'd be case by case basis.

I want to know if this is normal/legal to do. For me, more than 1 month is too long. Nobody would want to wait for a new employee to start in 3 months time.

I guess what I want to know is, can they force us to sign this new contract?

Let me know what you think :)

Thanks.

Education & Work

Comments

    • purplelady on 03/03/2016 - 12:05

      Thanks, but it keeps giving me 0 weeks :S

  • CyberMurning on 03/03/2016 - 10:44
    -4

    even one month is already way too long. better call the union or some legal government agent to confirm this.

    • purplelady on 03/03/2016 - 12:01

      we don't have union. we might call fairwork

  • eqv on 03/03/2016 - 10:57

    Also check https://www.fairwork.gov.au/employee-entitlements/protection…

    They shouldn't be able to force you to change the condition of your employment.

    • purplelady on 03/03/2016 - 12:06

      thanks for that. At least I know they can't do that!

  • holdenmg on 03/03/2016 - 11:02

    It seems rather excessive for a paper round.

  • mr fox on 03/03/2016 - 11:36
    +2

    They are taking the piss. My sister just resigned and her employment contract had the same 3 month clause. They've agreed 4 weeks is adequate. HR Departments making great use of themselves as usual.

  • elvino on 03/03/2016 - 11:50

    4 weeks is pretty standard in the private sector for salaried full time staff. 3 months seems excessive, unless you were at the C-level (CIO/CEO etc). I dont know if they would actually enforce it, and you shouldnt be coerced into signing it if you feel the condition is not warranted.

    • purplelady on 03/03/2016 - 12:01

      Nah, I've been here for quite a while, but definitely not CEO/CIO. My title is not even a senior.

  • RockyRaccoon on 03/03/2016 - 12:01

    if less notice is required, it'd be case by case basis.

    So how is this defined.

    The case for them is that if they want you gone. They can determine its 1 month notice "case"

    I think you could argue that its not really enforceable as they can vary it on "a case by case" basis whereas its not up to you to decide.

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

      That's pretty much how it is defined. When they wanted someone gone, that person suddenly disappeared the next day. When they want you here, they keep delaying or asking you to extend and keep asking if you'd cancel the resignation.

      • [Deactivated] on 03/03/2016 - 13:05

        usually when they let someone go they will get rid of them right away, but they still have to be paid for the required notice period.

  • No on 03/03/2016 - 12:41
    +3

    Did they say what happens if you don't sign the new contract?

    My employer sent everyone new contracts which included that we had to work additional hours without additional pay. I didn't sign it and I am still here 3 years later.

    • purplelady on 03/03/2016 - 14:25
      +2

      hahaha.. 3 years lol

  • the-mal on 03/03/2016 - 12:48

    3 months is unworkable. If you want to change jobs and I interviewed you and you told me you couldn't start for 3 months after you gave notice I'd probably have to pass you up.

    4 weeks is plenty for both parties. Your employer is trying to pull a swift one. I would sign 4 weeks and no more.

  • QuickToThePointless on 03/03/2016 - 12:56
    +3

    Just sign it…who cares, won't be enforced and you wont get sent to guantanamo bay regardless

    • StewBalls on 03/03/2016 - 13:19
      +2

      Absolutely, these idiotic clauses are utterly unenforceable in the real world.

  • JuryWheel on 03/03/2016 - 13:35
    +7

    Why would a company possibly want to keep staff who want to go somewhere else for 3 months longer? What sort of productivity are they expecting from these people? Understand if its the CEO maybe, but others?

  • bdl on 03/03/2016 - 14:09
    +5

    And when you resign, say you're going to a competitor :). You'll be out of there in 3 seconds not 3 months :)

    • purplelady on 03/03/2016 - 15:21

      true on this ;p

    • lenlynn on 04/03/2016 - 22:41

      Isn't it in most contracts you can't go to a competitor for x months or set up a similar business within x km?

      • bdl on 04/03/2016 - 23:55

        often they have the non-compete clauses where you're not allowed to approach a competitor but if the competitor approaches you then it's no problem :)

    • [Deactivated] on 15/03/2016 - 22:22

      Be careful saying this. A lot of employers ask for a latter of offer from the competitor, and follow the letter up with a phone call. Faking such a letter would be fraud, and may be referred to the police… (I've seen it happen).

  • elvino on 03/03/2016 - 16:19

    Be a little careful with 'just signing' this though, as has been suggested.
    If you were to resign with the forced 3 months notice, but told them you wanted to leave in 4 weeks, and did so regardless, they could (in theory) withhold any owed annual leave in your final pay. Then it would be up to you to go to arbitration (which could/would be a pain in the ass) to prove your case. Unenforceable = yes, but it would take time and effort too.

    • purplelady on 03/03/2016 - 16:50
      +1

      Thank you for the tip! will keep it in mind :)

  • try2bhelpful on 03/03/2016 - 20:43

    I would be asking the question on why they are doing this?

  • [Deactivated] on 03/03/2016 - 22:53
    -1

    I know someone who had a 3 month thing and they could NOT get another job. Every recruitment agency told them their chances were zero.

    That being said, they ended up being fired for something unrelated and couldn't get another job for a long time anyway. Not because they were fired but because of the job hunting process.
    If you want to change jobs then your only chance with a 3 month notice period is to be told about it well in advance through a contact not an ad because by the time the ad is placed online they want the person ASAP.

  • davidmwilliams on 04/03/2016 - 07:45
    +2

    It's unenforceable.
    I had a six month's notice period at a job once. I happily signed because if I decided to resign I knew I could offer (say) 4 weeks and it would be accepted - indeed, think of it from the company's view - they don't really want someone on the payroll who no longer wants to be there (and may even now be loyal to a competitor as a future employer).
    They won't hold you to it.

    However, if the company decides to terminate you or make you redundant it has to pay you out that notice period.

    I would do it.

    Despite the claim by someone else above the employer cannot withhold your owed annual leave.

    • OZB Al on 04/03/2016 - 08:31

      This is what I was thinking. The possible redundancy payment could make a big difference and a quick call to fair work would remove their unreasonable clause if you quit.

    • Slippery Fish on 04/03/2016 - 08:49

      I always thought it was called abandonment of employment, if you left before your notice was served you were liable for costs incurred to the business for that time.

      I could be wrong though.

      • davidmwilliams on 04/03/2016 - 22:10
        +1

        No, you just don't get paid for the notice period you don't serve.

        The company is legally obliged to pay you for the time you work for them and your entitlements. You could walk out with even 0 day's notice and they must pay you your entitlements. It's not professional, but the greater legal burden is on the employer, not the employee.

  • JuryWheel on 04/03/2016 - 08:39

    As suggested it's boosting your entitlements if made redundant/fired so why not. Surely if you are resigning, just say it's a competitor you are going to - works in most industries. Or start putting in 10% effort, taking all available lunch/tea breaks etc. Surely noone would keep you.

  • wayacos on 04/03/2016 - 09:56
    -2

    My advice Join a Union anywhere you work.
    Unions are the ones who obtain better benefits for all workers.

    • RockyRaccoon on 04/03/2016 - 10:03
      +1

      Bypass the middlemen just join the local mafia and they will get faster results…

    • davidmwilliams on 04/03/2016 - 22:10
      +1

      They obtain better benefits for the Union bosses, you mean …

  • lenlynn on 04/03/2016 - 22:44

    Are you working in a bank? If so then I think it's standard practice. My notice period in my previous job was 3 months garden leave and that was with an American bank. My friends who work for banks and petroleum companies have similar notice periods.

    • conan2000 on 05/03/2016 - 09:04

      1 month is standard for the Australian banks until you get to a certain level of senior management. I used to work for one and know quite a few people working at the others.

      3 months is unusual in Australia, but not unheard of. I work for a British company and it's 3 months notice, but that is much more common for professional roles in the UK. They will negotiate generally, as many people have pointed out - do you really want someone there for three months, who isn't fully invested in the role any more. Another member of my team is leaving and they mutually agreed to just under two months.

      • lenlynn on 06/03/2016 - 10:51

        Oh OK. True, that was not in Australia. Yes hence the garden leave (left my job immediately but not allowed to work anywhere for 3 months cos I was serving out my notice period).

    • purplelady on 06/03/2016 - 17:57

      Yeah I saw something similar about garden leave and was wondering what country was it for. Now I know. And no, it's not bank.

      • lenlynn on 07/03/2016 - 09:05

        That made me curious. Wikipedia says it's for the financial industry in the UK, Australia and NZ. Think it's more to do with the banking sector you are in(private banking, investment etc).

        • conan2000 on 16/03/2016 - 08:49

          The intent of gardening leave at most companies is generally so you don't take company knowledge with you/poach customers etc. If I was moving to a competitor I would expect to be walked out of the door as soon as I resigned. If I was changing careers I'd expect to have to work out the full notice period.

          Really depends on your type of role and where you are going rather than the industry.

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