Notice Period - legal obligation?

MissThing

I'm hoping to escape from my job in the new year, my contract states that I must give 2 months notice though which I'm not happy about. A pal told me that my employer cannot make me work 2 months and that legally I'm obligated to give only 2 weeks though a lot of the Irish workforce don't know this. Anyhow, I only want to give them 1 month - has anyone got some advice or can you point me in the direction of a legal eagle web site. All I can find is British sites.

Thanks

is_that_so

This is the law AFAIK

MissThing

is_that_so wrote:

This is the law AFAIK

Brilliant - so I can give them 1 week whoooo hoooooo I'm free!!!!!!

Thanks a mill

seamus

is_that_so wrote:

This is the law AFAIK

That's the law for the minimum statutory entitlement, not the minmum statutory notice (slight difference).

Miss Thing - No celebrating yet

If your contract says two months, then you must work two months. It's actually as simple as that. Many people have huge misconceptions about notice - "You're only obliged to give two weeks", "You only have to give as much notice as the frequency of when you get paid", "There's nothing they can do if you just walk out". It's all bull - if you agree to a term in your contract, then you must stick to it.

There are two exceptions to this:
1. You cannot sign a contract that provides for less notice than the statutory minimum notice.
2. A employer cannot enforce an unreasonable notice period - for example, if you're a secretary doing data entry all day, then an employer cannot insist on a 6 month notice period, even if you sign a contract with that on it.

is_that_so

seamus wrote:

That's the law for the minimum statutory entitlement, not the minmum statutory notice (slight difference).

Miss Thing - No celebrating yet

Actually it's both.

6. Employer's Right to Notice

An employer is entitled to at least one week's notice from an employee who has been employed by the employer for 13 weeks or more and who proposes to give up his/her job.

whiskeyman

seamus wrote:

There are two exceptions to this:

Also: Don't forget, that if you tell your employer as early as possible and approach them in a professional manner, you may get them to waiver a portion of the set notice period.
When handing in your notice, mention this in your resignation letter and then ask for a chat with your line manager to discuss further, and that you'll do your best to ensure a smooth transistion to a new person to fill your role etc...

seamus

is_that_so wrote:

Actually it's both.

Sorry, what I was trying to get at is that the law only states what you (and your employer) are entitled to, as a minimum. It doesn't actually say how much notice you have to give or get, only the minimum you are entitled to. Anything above this is perfectly legal and enforceable (save for the exception I mentioned).

Our man in Havana

2 Months could be considered unreasonable.

If I was an employer I would not want a disgruntled employee hanging around for 2 months, you would be amazed the amount of mischief that could be done.