Definition of "resigning" date

J

jrewing

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I am considering changing jobs very soon, but am wary of a clause in my exisiting contract, which says that they will take back some benefits if I resign within 1 year of joining the company.

If I hand in my 4 weeks notice during the 11th month (therefore, the resignation is effective after one year), does that count as resigning within a year ?

I would appreciate your opinions as it represents about 2 months salary.

Of course, I could try to put off the other company for an extra month to be 100% sure, but I have already pushed my luck to get it back this far.

Thanks, JR
 
jrewing said:
I am considering changing jobs very soon, but am wary of a clause in my exisiting contract, which says that they will take back some benefits if I resign within 1 year of joining the company.
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I rekcon the date of resignation is the day you had in your notice, as that would be when your employer would start looking for your replacement. not 100% sure just guessing
 
Surely, when I give 4 weeks notice, I am giving them notice of my intention to resign effective after the 4 weeks. Am I right ?
 
jrewing said:
Surely, when I give 4 weeks notice, I am giving them notice of my intention to resign effective after the 4 weeks. Am I right ?
Click to expand...

I think you are giving notice of your intention to leave after 4 weeks.
But you are resigning as soon as you hand in your letter of resignation, i.e. you are giving up that position. You then work the notice perid so they can get a replacemnt to take that position.
 
FYI, I have had an informal discussion with a solicitor specializing in Employment Law.
She confirmed that the date of resignation is the date I actually leave the company. Handing in notice it is simply Notice of Resignation. However, one must be careful when wording the letter of resignation to be on the safe side.
 
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