what if you don't serve 3 month notice of resignation period in contract?

[chivo]

when resigning, do you really need to serve it? does the company have legal grounds for anything if you don't? or is it more of an honor thing?

[Soutpeel]

You dont have to serve your notice period, unless of course the company are holding something over you, like payment of salaries/ payout of pension etc.

Legally very little thay can do to you, if you have everything you are owed...I would be at lose to think why a company would even attempt to go after you for breach of contract in the case of a resignation and leaving a company early...there is no benefit in it for the company concerned even if they managed to get a judgement against you.

[Billmont]

Why do you not want to honour your contract? I am sure you would not like it if it were the other way around. Legally I thing it would be impractical for the company to take action against you. Perhaps you have a very good reason to break your contract as a result of some action by your employer but maybe you have found something better. If the latter then beware of it coming back to bite you on the bum. Many employers seek private information as well as written references from past employers. When I was employing staff I used to take the written reference and tell the applicant I will just file this as I have never had an applicant give me an adverse reference. I would then phone the previous employer for a "True" reference. However one must always have good written references in case of future problems and then you can show why you employed this person although he turned out to be a disaster.

[yoshiwara]

Not advised unless there are adverse circumstances. Chasing after a girl doesn't count I'm afraid.

[Dukgae]

if it's because you have a new job and your new company wants to you to start right away, suggest the relevant managers at both companies talk to each other and reach a compromise. The new company can buy out your notice if they really want you quickly. Otherwise, I agree with Billmont, as a former employer I almost always made a call to previous employers before hiring someone.

[edwardandtubs]

These long notice periods are legally unenforceable in the Labour Court. There might be a breach of contract issue if your departure causes loss to the company though.

[chivo]

Thx all. Reason was just that if new contract needed to start sooner than three months. I'm all for honoring the 3 months as matter of integrity. Sometimes an employer will let you go sooner than 3 as they imagine you'll be a bit checked out already.