Minimum Notice Period

MarkR

Hello folks,

I though i'd read somewhere that European law stated that the minimum notice period, regardless of anything stated in an employment contract was down to two weeks, does anyone know is this true, and if so do any of you have a link to this?

Thanks,

Mark

By the way, not for me.

shoegirl

No.

Minimum notice is one week. Insofar as if you are laid off today the absolute minimum depending on your length of service is one week. However you may be paid in lieu of notice, not sure what the law is for fixed term contracts - I presume that if your contract is fixed term then you do not have to be given a notice period on top of that. Some employers choose to flout the law however, with so-called zero hours contracts. I had an employer once who got me to sign a contract agreeing to no holiday pay and no sick pay. After six months we had a three month break (it was a school) and I was advised on the last day of term that I would have to "apply again for your job", needless to say I was stunned, but my solicitor advised me that while I was entitled to payment in lieu of notice, adding legal fees would have eliminated any gain. I wrote them a letter telling them that I was entitled by law to payment in lieu of notice, and was amused to receive a "hurt" reply. Needless to say I looked for another job and got one in less than 4 weeks.

Be aware that Ireland and the UK have in recent years pushed very hard against EU regulations designed to protect workers, such as the working time directives, temporary worker protection and regulation of agencies. Perhaps this is something to ask your sitting MEP when he/she tells you how wonderful he or she is?

Victor

http://www.basis.ie/botaccess/doc.jsp?contentKey=WCContent;id-30361&parentKey=WCList;id-32933&titleExtra=Guide+to+Minimum+Notice+Acts

Essentially one week, rising with duration of employment. Long term employees (over two years) would also be entitled to redundancy payments. http://www.basis.ie/botaccess/doc.jsp?contentKey=WCContent;id-30375&parentKey=WCList;id-32960&titleExtra=A+Layperson%27s+guide+to+the+Redundancy+Payments+Scheme

People employed by the business for less than about a year (total) have less protection. People with less than 3 months have very few rights.

Payment in lieu of notice is permitted. "Waiving Right to Notice or Accepting Pay in Lieu. Any provision in a contract of employment for shorter periods of notice than the minimum periods stipulated in The Acts has no effect. The Acts do not, however, prevent an employer or employee from waiving his/her right to notice or accepting payment in lieu of notice. "

slave1

On a similar point but from the Employee's perspective

The link above states the minimum notice period an employee has to give...

but does this override a contract of employment e.g. where 6 months notice has to be given on either side

Would love to know this...

tks

seamus

Originally posted by slave1
but does this override a contract of employment e.g. where 6 months notice has to be given on either side

No. It only applies where there is no contract, or no minimum notice period agreed upon in a contract. For all intents and purposes, whatever you agree to in a contract, you are bound by it.

Who would sign a contract with a 6 month minimum notice clause? (With the exception of a CEO or something, but I hardly think they deal at this level )

Victor

Originally posted by seamus
Who would sign a contract with a 6 month minimum notice clause? (With the exception of a CEO or something, but I hardly think they deal at this level )

It could also apply to some key employees like a Project Manager (in several industries) or senior sysadmin where any replacement would need to be brought up to speed.

MarkR

Originally posted by slave1
On a similar point but from the Employee's perspective

The link above states the minimum notice period an employee has to give...

but does this override a contract of employment e.g. where 6 months notice has to be given on either side

Would love to know this...

tks

That was my main query, which one over rode which. Thanks.


Mark