Notice

johnsds

Hi all, I have been in a job for 15+ years, just wondering what is the minimum notice I can give if I decide to leave?

Mr. Loverman

What does your contract say?

If you have no contract, here's the law: http://www.irishstatutebook.ie/1973/en/act/pub/0004/index.html

That says one week is required if nothing else is stipulated in your contract.

Nody

Mr. Loverman wrote: »

That says one week is required if nothing else is stipulated in your contract.

You better read that again; it actually states:

(a) if the employee has been in the continuous service of his employer for less than two years, one week,

(b) if the employee has been in the continuous service of his employer for two years or more, but less than five years, two weeks,

(c) if the employee has been in the continuous service of his employer for five years or more, but less than ten years, four weeks,

(d) if the employee has been in the continuous service of his employer for ten years or more, but less than fifteen years, six weeks,

(e) if the employee has been in the continuous service of his employer for fifteen years or more, eight weeks.

Mr. Loverman

Well spotted, thank you.

Retracted. :pac:

joanas

Nody that is the requirements for the employer giving notice to the employee.

The Glass Key

Further down

Right of employer to notice.

6.—An employer shall, subject to the right of an employee to give counter-notice under section 10 of the Act of 1967 or to give notice of intention to claim redundancy payment in respect of lay-off or short-time under section 12 of that Act, be entitled to not less than one week's notice from an employee who has been in his continuous employment for thirteen weeks or more of that employee's intention to terminate his contract of employment.

Reads as ONE WEEK to me, unless of course contract says otherwise.

johnsds

Hi,

A little more info, I am paid weekly if that helps? Would the fact im paid weekly be generous to them if I gave three weeks notice?

Handbook says 6 and more weeks but realistically how the heck would I be able to say that to a prospective future employer??


Thank you.

Mr. Loverman

Handbook or contract?

When was the handbook created?
Did you agree and sign it?

Mezcita

johnsds wrote: »

Hi,

A little more info, I am paid weekly if that helps? Would the fact im paid weekly be generous to them if I gave three weeks notice?

Handbook says 6 and more weeks but realistically how the heck would I be able to say that to a prospective future employer??


Thank you.

You need to go with what the handbook says. Realistically though, considering you have been with the company for such a long time I would be surprised if they made you work out your full notice period.

Mr. Loverman

If you really need to leave quickly, I would sit down with your manager and state your case. Go prepared (replacement lined up, training plan, handover, etc.) so it's an easy decision for them. You need to think of it from the manager's perspective. She needs to present your quick resignation to her boss. She won't be willing to do this if there's any chance she looks like she is managing things incorrectly. Basically you need to make it look like a) the company can save money by letting you go quickly and b) there will be zero impact on the company if you go quickly.

blindsider

Have you any holidays to factor in?

paulboland

Notice period is as per your contract of employment

Period of notice can be waived if employer and employee agree when employee is the one giving notice

Use of hoildays can be accepted if both parties agree to this but any employee leaving is entitled to payment for any outstanding annual leave not taken

Usually most good employers will agree to shorter notice period from an employee if it can be agreed but some don't due to nature of employment and skills required it's the employer right to stick to notice period that's you agreed to in your contract of employment

If employer is giving you notice they can pay you in lieu of notice but it must be as per contract of employment or be the minimum notice period as per employment act 1973 which ever gives you the best option of notice

Employment Act 1973 Minimum Notice Employer to an Employee
Time in Employment Notice Required to be given by Employer
13 weeks -2 Years 1 week
2 - 5 years 2 weeks
5 -10 years 4 weeks
10-15 years 6 weeks
over 15 years 8 weeks

Less than 13 weeks employment no notice period applies

This can be payed in lieu of notice by employer

Ask your employer if it's possible to give shorter notice period than your contract of employment

The minimum notice is there to protect an employee if employer is the one giving you notice and benefits the employee

Most good employers will agree to a shorter notice period from an employee if it's possible

NewApproach

Notwithstanding potential issues re references etc., what are the consequences to the employee if they just leave with immediate effect and do not work their notice period? I presume in practice nothing?

No Pants

NewApproach wrote: »

Notwithstanding potential issues re references etc., what are the consequences to the employee if they just leave with immediate effect and do not work their notice period? I presume in practice nothing?

Ireland is quite small really and substantially networked. It will come back to you eventually. I would recommend avoiding the blot on your copybook.

Mr. Loverman

NewApproach wrote: »

Notwithstanding potential issues re references etc., what are the consequences to the employee if they just leave with immediate effect and do not work their notice period? I presume in practice nothing?

1) No reference from that company. (This could be tricky if a new employer asks for a reference from that specific employer).

2) You might meet these people again. As No Pants says, Ireland is small.

3) Screwing over the company as they don't have time to find an immediate replacement.

No Pants

Mr. Loverman wrote: »

1) No reference from that company. (This could be tricky if a new employer asks for a reference from that specific employer).

2) You might meet these people again. As No Pants says, Ireland is small.

3) Screwing over the company as they don't have time to find an immediate replacement.

Company might also be in no hurry to release any documentation or correct any potential wage errors. The former could result in you paying extra tax for a short while and being lighter in the pocket than you'd like. You should get it back though.