Contract law - quick question re: notice of leaving employment

Colts

Hi all,

I just have a quick question about notice period. I know the law states a period of one week when you've worked more than 13 weeks, unless there's a contract in place outlining further notice is required.

I've been in my position for 5 years, however my contract of employment was for a 3 year period. No contract has been received or mentioned since expiration of my previous contract.

The original contract stated that notice would be one week for each year of employment, meaning i'd be required to give 5 weeks notice of leave. This is less than ideal at the moment and i'm wondering since there's no contract in place could I leave earlier than the original contracts clauses?

Many thanks in advance.

seamus

I suspect that if you were not given a contract after your initial contract, then the terms of the original contract continue to apply until you sign a contract saying otherwise.

As you presumably continued to obtain the benefits and other rights of the contract after the initial 3-year period, then it would be considered by implication to still be in force and you are therefore bound by any obligations within that contract, including the minimum notice.

Or to put it more bluntly - you can't choose to avail of the good parts of the contract and then try to escape from it when it doesn't suit.

It would depend on the specific wording though.

You would need to contact NERA to clarify it.

[Edit: You should also consider future references. Even if you have a legal right to leave after one week, it may still be considered poor form and unprofessional to leave your employer stuck for staff at short notice, depending on what you do obviously.
The employer is well within their rights to either refuse to give a reference, or even give a factual one which reflects badly on you , i.e. "He left the company with a week's notice and we were very stuck and short-handed for a long time. I would not hire this person again".

CIARAN_BOYLE

Under fixed term legislation there is something about becoming permanent after 4 years. If I am right about that you could make an argument about having to provide the same notice required of permanent staff in your work place.

If there is a standard contract for permanent employees you might be able to claim that it should apply to you. I'm not sure though.

Colts

Thanks for the advice, much appreciated. I figured that the contracts rules would still be considered to be in effect.

It was just wishful thinking. I'm hoping to only give a couple of weeks, but i'll just have to sit down with the boss and talk it through with him.

I might contact NERA to get their opinion but they'll probably tell me to get legal advice on the matter.

Victor

http://www.employmentrights.ie/en/media/Minimum%20Notice%20&%20Terms%20of%20Employment%20Acts%201973%20to%202001%20%20June%202011.pdf

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.

As the contract was intended for three years, it could be argued that more than three weeks notice wasn't contemplated. Whether that is accepted is another matter.

Do get proper advice from NERA / trade union / solicitor.

work solutions

You have 5 years service which will entitle you to 4 weeks notice pursuant to the minimum notice legislation. The original 3 year contract has expired (if it in fact was a fixed term contract) and although there was more favourable notice provisions which would overrule the minimum notice, the fact that it has expired means the legislation will govern the minimum notice

Colts

work solutions wrote: »

You have 5 years service which will entitle you to 4 weeks notice pursuant to the minimum notice legislation. The original 3 year contract has expired (if it in fact was a fixed term contract) and although there was more favourable notice provisions which would overrule the minimum notice, the fact that it has expired means the legislation will govern the minimum notice

It's me that's giving notice of termination rather than my employer.

work solutions

The same rule applies- each party must give the requisite notice but that can be dispensed with by mutual agreement.