giving notice in trial period with a contract that sucks

snoopy12

i really need some fast advice. i need to give notice tomorrow to start a new job in one month (max). thing is my contract says that i must give two months notice or else buy my way out. im in the job less than six months and there through an agency.

can anyone offer advice as to what argument i should put forward for leaving sooner and would they expect me to either work two months or give them money. i dont want to leave on bad term and would be willling to work overtime while i am there but totally freaking out!(

the job will offer more security, especially at the moment the way things are going.

thing is that i think the agency is due their last fee installment at the end of my probation period but dont want to say that to them unless i know for sure that this is the agencies procedure.

flash harry

if you check you'll probably see you can technically leave in probation period with no notice so may give you leverage....

snellers

probabtion period as previos poster suggests will be different....there should be a much shorter notice period (usually 1 week by either party, or similar) during notice period. I'm sure from a legal perspective even if their contract doesn;t state it you are able to leave much sooner than someone who has completed their probationary period.

***if you find the contract stipulates, say 1 week notice, then only give them 1 week notice otherwise they may get rid of you earlier than you would prefer and therefore lose wages...

If you are 100% sure of the new position accept it first and foremost....that is the most important factor for you

with regards to the company you are leaving speak with the HR dept and ask them outright what the score is.......

if the company try and charge you for leaving or create some other obscure or unusual statement it may be worth consulting citizens advice who can help you work out your entitlements and whether the company are acting lawfully

http://www.citizensinformation.ie/categories/employment

hope this helps!

0utshined

snoopy12 wrote: »

i must give two months notice or else buy my way out. im in the job less than six months and there through an agency.

What? The money should only ever be flowing in one way - towards you.

What's the notice period they have to give to you?

At 6 months in and especially through an agency 1 month seems standard. Type up your letter, hand it in tomorrow and look forward to the new job. And you don't need to give a reason if you don't want to. You can be vague if you want.

snoopy12 wrote: »

thing is that i think the agency is due their last fee installment at the end of my probation period

Not your problem. That's their business and it's their business to deal with it.

mcaul

Not sure if you are employed by a company and you got your job through an agency or you are employed on an agency contract.

If you're employed through an agency then you are probably a self employed contractor if so, it is contract law that applies and not employment law.

It is quite normal for a 2 month notice period to be put into these contacts as you may be invloved in a project or some other time specific situation or a specific position that has taken the company a few weeks to train you up for.

If your current positon can be completed by someone else to the same standard and without needing training, then you should be able to negotiate a 4 week notice. If however you have the knowledge for this contract and that someone else would not have the same knowledge, you may find yourself liable for the cost of training a replacement person, therefore a buy out clause is in your main contract.

If you are employed by a company who found you through an agency, then normal employment law applies and "reasonable notice" should be given. One month would be construed as reasonable unless you are in a highly specialised position.