If I resign with immediate effect, should my employer still pay my leave days?

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Answer

If you resign with immediate effect in South Africa, your employer is still required to pay out any outstanding salary, bonuses or other benefits that are owed to you up until the date of your resignation, including any accumulated leave days that you have not taken.

However, if you resign without giving your employer the required notice period as stipulated in your employment contract, your employer may be entitled to withhold a portion of your salary to compensate for the notice period that you failed to give. This is commonly referred to as a "notice pay deduction."

It's important to note that if you resign with immediate effect, your employer may not be able to accommodate your request to take leave days immediately. This is because your employer may require you to work during your notice period to ensure that there is sufficient handover of your duties and responsibilities to another employee or to ensure that the business operations are not disrupted.

However, your employer may agree to pay out your leave days in cash, subject to the terms of your employment contract and the company's policies on the payment of leave. It's advisable to discuss this with your employer and review your employment contract before making any decisions to resign with immediate effect.

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