3 month notice period - Is it legal?

bensoneb

Hi, Does anyone know if a 3 month notice period is enforceable? I've been told that if you are paid monthly, then you only have to give a month's notice even though it might say differently in your contract.

Can anyone confirm if this is legal?

Thanks,

jimmycrackcorm

It's enforceable as a contract clause. however many employers will allow you to negotiate an earlier exit if possible.

Keano

I got this from the National Employment Rights Authority a while back as I had a query about a notice period.

In accordance with the Minimum Notice and Terms of Employment Acts 1973
to 2001 an employee who has 13 weeks service with an employer is obliged to
provide one weeks notice to the employer prior to termination of
employment. If there is a longer period of notice required from an
employee which is stated in a written contract of employment, and signed
by the employee, then this would have precedence.

The length of notice to which an employee is entitled is dependant on
the length of service of the employee. The notice entitlement is as
follows :

13 weeks but less than 2 years service one week notice
two years but less than five years two weeks notice
five years but less than ten years four weeks notice
ten years but less than fifteen years six weeks notice
more than fifteen years eight weeks notice

If an employer is unable to provide the appropriate notice then he/she
may pay notice in lieu.

We do not deal with contractual matters, if you seek interpretation of a
contract you would need to seek legal clarification.

leeroybrown

bensoneb wrote: »

Hi, Does anyone know if a 3 month notice period is enforceable? I've been told that if you are paid monthly, then you only have to give a month's notice even though it might say differently in your contract.

That's not correct. This pay period based notice has no standing in Ireland. Whatever is in your contract holds.

Kila

Keano A Legend wrote: »

I got this from the National Employment Rights Authority a while back as I had a query about a notice period.

In accordance with the Minimum Notice and Terms of Employment Acts 1973
to 2001 an employee who has 13 weeks service with an employer is obliged to
provide one weeks notice to the employer prior to termination of
employment. If there is a longer period of notice required from an
employee which is stated in a written contract of employment, and signed
by the employee, then this would have precedence.

The length of notice to which an employee is entitled is dependant on
the length of service of the employee. The notice entitlement is as
follows :

13 weeks but less than 2 years service one week notice
two years but less than five years two weeks notice
five years but less than ten years four weeks notice
ten years but less than fifteen years six weeks notice
more than fifteen years eight weeks notice

If an employer is unable to provide the appropriate notice then he/she
may pay notice in lieu.

We do not deal with contractual matters, if you seek interpretation of a
contract you would need to seek legal clarification.

The above is correct, but is slightly confusingly posted as it covers two issues - the amount of notice you're legally obliged to give your employer, and the amount of notice they're obliged to give you.

The first part deals with the question in hand. You are legally obliged to give at least one week of notice if you have been working there more than 13 weeks. Anything in your contract which extends the notice is binding (as the rest of your contract would be). So if your contract states one month notice, you must give one month, regardless of whether you're paid weekly, fortnightly, or monthly.

The second part deals with the minimum notice an employer has to give you if your contract is being terminated.

Bear in mind also that your employer can give you pay in lieu of notice, or also give you notice but require you to leave the premises immediately after resignation. This often happens with high profile jobs, or people heavily involved in the financial aspect of a company, and is referred to as "garden leave" - i.e. where you are being paid throughout your notice, but are not allowed to work at the company.

bensoneb

Thanks everyone for your feedback:pac: