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Notice Period

  • 31-01-2013 12:22pm
    #1
    Registered Users, Registered Users 2 Posts: 13,746 ✭✭✭✭


    My contract has a notice period of 3 months.

    Some people have been told they can do 1 month or have been told to leave that day.

    Does my employer have to let me serve the notice period that is outlined in my contract?
    I am planning to leave for a job abroad at around May but I don't want to be stuck if I'm told to leave the job straight away.


Comments

  • Registered Users, Registered Users 2 Posts: 26,280 ✭✭✭✭Eric Cartman


    The notice period is really there so that you cant fcuk off without telling anyone , your employer can get rid of you whenever


  • Registered Users, Registered Users 2 Posts: 13,746 ✭✭✭✭Misticles


    The notice period is really there so that you cant fcuk off without telling anyone , your employer can get rid of you whenever

    Is there nothing to protect employees for this?

    For example: I book flights for may, I hand in my 3 months notice in February and they tell me go in a month say. That's me jobless for 2 months because I tried to do the right thing.


  • Registered Users, Registered Users 2 Posts: 230 ✭✭bellylint


    Yes there is. The Contract that you signed with them. It should stipulate how long you have to give them, and how long they have to give you.
    What is their term for notice period if they are serving it to you?
    People who are told to leave that day are generally put onto what is called Garden Leave. Ie they get paid up for their notice period but are not required to attend work and told they will not be let in. Some sensitive roles are handled this way, or sales guys who have lots of contacts and could actually do some damage to the companies image etc.


  • Registered Users, Registered Users 2 Posts: 3,332 ✭✭✭tatli_lokma


    If you hand in your notice and they say that you don't have to work the full amount, then you will still get paid. It is not as you are describing which in effect would be you hand in your notice and get sacked before the notice period.

    If you hand in 3mths notice, and they decide that they are happy for you to finish up in one months time, you will still get paid out for the other 2 months, plus any holidays due to you. So if you want to leave in May then hand in your notice in Feb. But be prepared that they might decide to make you work your full notice, so you need to make sure you leave yourself time at the end of it to organise your departure.

    The longer notice you give the better as your employer will appreciate it and will be more likely to give you a positive reference.


  • Registered Users, Registered Users 2 Posts: 3,332 ✭✭✭tatli_lokma


    The notice period is really there so that you cant fcuk off without telling anyone , your employer can get rid of you whenever

    this is incorrect - employers are also bound to minimum notice periods, either statutory or those contained in the contract of employment. They can of course give you a weeks notice, but tell you to finish up today. But they would be required to pay you out for the full notice period. The only time an employer can forgo the minimum notice period is in the case of gross misconduct.

    http://www.citizensinformation.ie/en/employment/unemployment_and_redundancy/losing_your_job/losing_job_entitlements.html


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  • Registered Users, Registered Users 2 Posts: 13,746 ✭✭✭✭Misticles


    Their notice period for termination is one month.
    In some cases, they have said to the employee - you can leave today but they don't get any pay i dont think this would be gardening leave. A girl handed in her notice outling 3 months notice a few days after pay day and was told she could leave at lunch - she did. She is not getting any further pay for any notice period. they are now withholding her p45 until she pays a sum owed for an expense sub.

    If I handed my notice in at the end of February with the intention of working 3 months notice and my employer tells me I can do 1 month, do I get paid for 3? Or 1?

    If they tell me I can leave that day, do I get paid for 1 month (what notice they must give) or 3 months ( what I must give)?


  • Registered Users, Registered Users 2 Posts: 3,332 ✭✭✭tatli_lokma


    I don't know how to say it any differently than I already did above!!??? :confused:


  • Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,402 CMod ✭✭✭✭Nody


    If you hand it in at 3 and they counter by giving you their 1 month notice (as per contract) you get paid for 1 month's notice. If they tell you to leave today you're still owed 1 month salary (your notice period from the company's side).


  • Registered Users, Registered Users 2 Posts: 3,332 ✭✭✭tatli_lokma


    Misticles wrote: »
    She is not getting any further pay for any notice period. they are now withholding her p45 until she pays a sum owed for an expense sub.

    They can't do this.
    And anyway, it makes no odds as you don't really need a P45 unless you need it for social welfare. If you are going to a new job just ring revenue direct and bypass the need for a P45.


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