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Resign During Notice Period

  • 13-11-2012 8:56pm
    #1
    dragondog
    Registered Users, Registered Users 2 Posts: 51 ✭✭


    Hi

    In my contract it states that I am in 6 months probation.
    I am currently 3 months into that and I am not happy and want to get out.

    The contract states that the employer can terminate the contract during probation by giving 1 weeks notice or 1 week salary in lieu.

    However, it doesnt state how much of a notice period that an Employee must period?

    I understand that people should leave on good terms etc but under Irish Law and what is stated in my contract, what is the minimum notice period I need to provide?

    Thanks
    Dragondog


Comments

  • #2
    Red Crow
    Closed Accounts Posts: 5,139 ✭✭✭Red Crow


    Anytime after 13 weeks and you have to give 1 weeks notice or whatever it states in your contract.

    If you are under 13 weeks no notice is required AFAIK.


  • #3
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Eli Manning wrote: »
    Anytime after 13 weeks and you have to give 1 weeks notice or whatever it states in your contract.

    If you are under 13 weeks no notice is required AFAIK.

    http://www.irishstatutebook.ie/1973/en/act/pub/0004/sec0006.html#sec6


  • #4
    Reloc8
    Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    dragondog wrote: »
    Hi

    In my contract it states that I am in 6 months probation.
    I am currently 3 months into that and I am not happy and want to get out.

    The contract states that the employer can terminate the contract during probation by giving 1 weeks notice or 1 week salary in lieu.

    However, it doesnt state how much of a notice period that an Employee must period?

    I understand that people should leave on good terms etc but under Irish Law and what is stated in my contract, what is the minimum notice period I need to provide?

    Thanks
    Dragondog

    1 week.


  • #5
    slimjimmc
    Registered Users, Registered Users 2 Posts: 7,786 ✭✭✭slimjimmc


    The Mustard wrote: »
    http://www.irishstatutebook.ie/1973/en/act/pub/0004/sec0006.html#sec6

    So, in the absence of any contract terms, the OP could have a lie in the morning and just tell the boss to stuff his job if he's less than 13 weeks in the job.


  • #6
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    slimjimmc wrote: »
    So, in the absence of any contract terms, the OP could have a lie in the morning and just tell the boss to stuff his job if he's less than 13 weeks in the job.

    That's one way of looking at it.

    Another way of looking at it is that even given 13 weeks service, I'm finding it hard to locate cases where employers have bothered looking to enforce rights against former employees who had not given notice.

    I haven't looked very thoroughly, so here is the determinations section of the EAT website, in case anyone cares.


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