with problems at work?
With regards to resignation, it is preferred that neither the employer / employee terminate the employment whilst the employee is on leave, whichever it may be. The employee signed a COE and in terms of this, both parties has a duty against the other to give notice of the intended resignation / dismissal as per the COE.
However should you choose to resign and not return to work, you have to communicate this with your employer ASAP!!
It is never a good idea to burn bridges.
The employer may not give you a bad reference and this will always remain a matter of fact that will be extremely difficult to prove.
Whatever you decide, there will be no costs involved for you in the employer hiring someone new.
I’m working for the same company now for the past two years and is still haven’t received a contract when. I started to get my paper work in order for UIF claiming I was told by the office that it is not their responsibility to fill in the papers after I had to get the paper work myself I also struggled to get my boss to sign the papers. I’m now currently on maternity leave and I’m receiving no benefits from the company they already have a temp replacement for me I decided not to return back to work due to the fact that I have a new job according to the labour law what action can the employer take against me. My maternity leave end on 29 march 2014
By law they should have given you a contract. If there is no contract present, then there was no communication as to what the terms of employment/termination are. Hence, they have no leg to stand on wrt you having another job post your maternity leave. Ideally, it would be best to work out your notice period, so as to "not burn bridges". But if they already have a temp, and you were not given any terms to your employment, then communicating your resignation at least should suffice.
Please note that the law does NOT require a written contract for the commencement of an employment relationship. The law does, however, place an obligation on the employer to provide the employee with the written particulars of the contract of employment. This does not need to be in the form of the contract itself, and need not be signed by the parties.