Advice: Friends leaving his job..

Johnny_the_fox

A friend of mine, is leaving his job. and is looking advice on were he stands..

On the 9th June he informed his manager he was leaving. He is leaving the copmpany on the 25th June. The company have told that he wont be getting some of his pay, because he didnt give them enough of a notice. And they said that they will use that to find an replacement.

can a company do that?

Sleipnir

doesn't he have to give a month's notice? That's probably in his contract.

seamus

Originally posted by Johnny_the_fox
A friend of mine, is leaving his job. and is looking advice on were he stands..

On the 9th June he informed his manager he was leaving. He is leaving the copmpany on the 25th June. The company have told that he wont be getting some of his pay, because he didnt give them enough of a notice. And they said that they will use that to find an replacement.

can a company do that?

No. Unless it's in his contract.

Depending on how much pay it is, it may not be worth his while contesting it, if he has breached his contract.

Johnny_the_fox

it says nothing in his contact about reclaiming money for recruiting a replacement.. he will be losing about €400

who does he contact or what does he do?

seamus

Originally posted by Johnny_the_fox
it says nothing in his contact about reclaiming money for recruiting a replacement.. he will be losing about €400

He'd need to contact the Labour relations commission (www.lrc.ie ) and a solicitor, probably.

The problem being that he was the one who breached contract, so a court ruling my go against him.

uberwolf

Originally posted by Johnny_the_fox
it says nothing in his contact about reclaiming money for recruiting a replacement..

but what does it say re: minimum notice period?

either way this one sounds dodgy to me..

grumpytrousers

The employment contract probably won't say 'we reserve the right to hold onto money if you don't give us a months notice so we can pay for a replacement' but it is almost standard that you give an employer a months notice.

If he's paid monthly, the chances are he's meant to give a months notice. Likewise, if he's paid fortnightly, you give 2 weeks notice.

Your pal should check if he has any holiday entitlement - for instance if he's entitled to 2 days in a month holiday, and his firms year starts on January first, he's an entitlement of 11 days, which if they weren't taken, he may well be compensated for these...

RicardoSmith

My understanding is that you are bound by what ever is in your contract, or verbal aggreement. Otherwise legally I think its a week, or 2 weeks if you've been employed full time for over a certain period. Not sure that that period is though. He is also entitled to being paid for any holidays he hasn't taken too. (I think)

But it was a bit doh to leave before checking it all out. He may have forfeit some or all of that if he has indeed broken his contract.

Our man in Havana

What sanction can an employer make against some one who fails to give enough notice if it doesn't what they will do in that event?

Man Time

If you are there less than five years and it doesn't state it in your contract a week is all you have to give. It's courtesy to give a month but not a requirement. Tell them you will have to take it to the labour courts if they don't pay you.

Our man in Havana

Originally posted by Man Time
If you are there less than five years and it doesn't state it in your contract a week is all you have to give. It's courtesy to give a month but not a requirement. Tell them you will have to take it to the labour courts if they don't pay you.

If it says you have to give them a month and you don't what can they do?

seamus

Originally posted by Bond-007
If it says you have to give them a month and you don't what can they do?

Sue you for breach of contract. Essentially they will sue you for the cost of your leaving early. So that can include a hell of a lot of costs that would exist even if he did give them full notice - Recruitment agency costs, training costs for the new starter, lost revenue because of projects delayed.

The list can theoretically be endless...

rubadub

I always thought it was a month. It is not, it is one week no matter how long you have worked for them (over 13 weeks). If you are being dismissed they must give you notice and this notice increases depending on how long you have worked them

They can put whatever they like in your contract about notice but it is not legally binding. So you may well have signed a contract saying 1 months notice is required but this is not legally binding (it is what they may prefer)

This is a great site that I found in a thread here.
http://www.entemp.ie/employment/rights/faq3.htm#mini


you can email them here info@entemp.ie
I emailed them and they got back straight away with great info

A solicitor will cost a fortune. Telling them you contacted an employments rights officer is cheaper and probably more effective. Print out the bill from the link and show them it.
Make sure you get your holiday pay due too.

seamus

Originally posted by rubadub
They can put whatever they like in your contract about notice but it is not legally binding. So you may well have signed a contract saying 1 months notice is required but this is not legally binding (it is what they may prefer)

If you sign a contract, you are bound by it. All contracts override the law, as long as they contain what is at least the legal minimum requirements.

rubadub

I read the page wrong. It says

"Notice entitlements under a contract of employment may exceed the minimum periods stipulated in this Act but any provision in a contract of employment for shorter periods of notice than the statutory minimum periods has no effect. "

I thought this was referring to dismissal notice, i.e. the company can say it only has to give one days notice to dismiss you. But it reads to me like if you sign such a contract it has "no effect".

Would the same not be true with the notice you must give them? or does the phrase "notice entitlementS" refer so your leaving notice too?


just found this
"6.—An employer shall, subject to the right of an employee to give counter-notice under section 10 of the Act of 1967 or to give notice of intention to claim redundancy payment in respect of lay-off or short-time under section 12 of that Act, be entitled to not less than one week's notice from an employee who has been in his continuous employment for thirteen weeks or more of that employee's intention to terminate his contract of employment."

you are probably right,
Johnny_the_fox get your mate to dig out his contract. if he never got one he is fine, ask the company for their's