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I have asked a few questions over here before, so I'm not going to elaborate on any details and just get to the point. You can get the backstory here: Accepting contract elsewhere to circumvent non-compete clause?

So I've been employed for 4 months now at this new company that has nothing to do with the previous two companies. Two weeks ago, I went to visit the offices of the the subsidiary which I previously worked for, but wasn't contracted to, to say hi (It's a thing here). I hinted at - but didn't outright state, that I want to return. Last week, one of the executive officers contacted me and basically offered me an opportunity to return next year January. In other words, they held their word.

Obviously I would jump at the chance, because I felt it was unfair to move me, hence why I broke away from them entirely. They have all but severed ties with the parent company I was formerly employed at, and therefore the NCC would be waived either way.

The company which I currently work at; where the location is good and the pay is not that much more, employ practices which force me to take a few steps back with my skillset. They didn't ask me to sign a contract when I joined, all I signed was an offer letter which stated my remuneration, my start date, my working hours and literally nothing else. The company closes for the year on December 21 and reopens in the second week of January. I want to know if I can submit my resignation on or before the closedown date, since there was no contract, therefore I shouldn't need to give notice? I don't want to leave in a huff, and at least want to serve some form of notice.

One other thing I am worried about, is that, with there being no concrete contract, there is no set remuneration date, and our paydays are very random. Without a contract to bind me to, I'm concerned that they will stiff me if I resign before closedown, which is very much not ideal.

  • Have you discussed with the person who gave you the job offer whether you can start later than the date they proposed? – Player One Dec 2 at 12:16
  • I'm going to meet with them on Wednesday. But the initial conversation indicated that they wanted to get me on as soon as possible. – user90580 Dec 2 at 12:24
  • are you basically asking: returning to a previous company, how to professionally break current short-term contract? – aaaaa says reinstate Monica Dec 2 at 16:12
  • Is this shutdown period a paid holiday for you, or is unpaid time? – spuck Dec 2 at 17:08
  • @spuck I don't know. I still obviously have to get paid for work done this month, but since I never signed an official contract, I'm concerned that they will stiff me. – user90580 Dec 2 at 17:11
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If this company really wants you to work for them (and contacting you six months later is a good indication that they do), then the start date is likely to be negotiable.

Work out a date that will be OK for you given your holiday constraints, and propose it to them as a start date.

  • Thank you, perhaps I will have a clearer understanding after Wednesday. – user90580 Dec 2 at 17:12
  • Agreed. It would be best to give proper notice after the holiday: it gives your employer time to find a replacement or re-assign your responsibilities, which is something they can't do over the break. – spuck Dec 2 at 17:14
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It is always best for you and your employer to provide a notice period. That's the classy and professional way to leave without burning bridges with your current job. There are reasons not provide less, but I don't see any in your situation.

If you can provide whatever amount of notice that is customary in your country soon enough that the period will end before the holiday shutdown, do that.

If you can't, then add 3 weeks of holiday shutdown to the amount of notice and schedule your last work day accordingly. If no one is working during the shutdown, it isn't fair to expect them to handle your leaving during that time.

  • You're right. I do want to give notice. When I meet up with management, I'll tell them that I'm set on starting at the beginning of February. – user90580 Dec 2 at 17:32

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