Notice Periods

actuar90

Hi all,

I'm due to start a new job on 10th November, my current notice period is 1 month.
I also have holidays from work booked from 27th October till 7th November. What I'm wondering is can I give my notice around 9th/10th October or must I give 1 month's worth of work as my notice, i.e. four weeks of work plus my two weeks hols?

RomanGod

actuar90 wrote: »

Hi all,

I'm due to start a new job on 10th November, my current notice period is 1 month.
I also have holidays from work booked from 27th October till 7th November. What I'm wondering is can I give my notice around 9th/10th October or must I give 1 month's worth of work as my notice, i.e. four weeks of work plus my two weeks hols?

I'd give the notice now and tell them you can work till the date mentioned in the OP. Gives them 2 months to find someone new and train them in under your wing perhaps before you leave. That's why there is a notice period in the first place. You'll get a good reference if you leave like that. Shows respect to the company that hired you

Mr. Loverman

I would also do what RomanGod has suggested, assuming the workplace is fair and they won't take it personally that you're leaving.

actuar90

I am actually against handing in my notice too early as I am sitting an exam this month for which I get study leave and my study leave is very restricted once I hand in my notice.
Really, I want to know if it is allowed to include pre-booked holidays as part of my notice period?

Mr. Loverman

It is impossible to answer your question without seeing your contract.

There is no mention of holidays in the law:

http://www.irishstatutebook.ie/1973/en/act/pub/0004/index.html

Greenmachine

Mr. Loverman wrote: »

It is impossible to answer your question without seeing your contract.

There is no mention of holidays in the law:

http://www.irishstatutebook.ie/1973/en/act/pub/0004/index.html

Would not pay too much notice, to the requirements in you contract, they often have no place in law. e.g asking for a notice period in excess of that required of you by law. If you are moving into a meaningful permanent new contract, it will be this newer job that will be more important come the day you make a new move.

Mr. Loverman

Greenmachine wrote: »

Would not pay too much notice, to the requirements in you contract, they often have no place in law. e.g asking for a notice period in excess of that required of you by law.

The example above is exactly why the contract is important. If the contract says you must give two months notice, you must give two months notice.

Breaking the contract could have legal consequences, and probably will affect future references.

Greenmachine

Mr. Loverman wrote: »

The example above is exactly why the contract is important. If the contract says you must give two months notice, you must give two months notice.

Breaking the contract could have legal consequences, and probably will affect future references.

A contract can't over ride, statute. If the law requires you only give 1 weeks notice then that is all you have to give. It might be bad form, but if an opportunity arise take it.

Mr. Loverman

Greenmachine wrote: »

A contract can't over ride, statute. If the law requires you only give 1 weeks notice then that is all you have to give. It might be bad form, but if an opportunity arise take it.

I'm sorry, but you're wrong.

Proof:

http://www.citizensinformation.ie/en/employment/starting_work_and_changing_job/changing_job/giving_notice.html

"You should therefore check your contract of employment for any provisions as to the notice you are required to give and follow those provisions. If you do not have a provision in your contract of employment dealing with notice, the statutory minimum notice of one week will apply and this is the notice that you should give your employer of your intention to leave."

I've read the actual law on this before too.

Greenmachine

Mr. Loverman wrote: »

I'm sorry, but you're wrong.

Proof:

http://www.citizensinformation.ie/en/employment/starting_work_and_changing_job/changing_job/giving_notice.html

"You should therefore check your contract of employment for any provisions as to the notice you are required to give and follow those provisions. If you do not have a provision in your contract of employment dealing with notice, the statutory minimum notice of one week will apply and this is the notice that you should give your employer of your intention to leave."

I've read the actual law on this before too.

Would want to see a more valid source before I will believe it.

AltAccount

Greenmachine wrote: »

Would want to see a more valid source before I will believe it.

It's not statutory notice period, it's statutory minimum notice period. Nothing to stop you requiring a longer one

Mr. Loverman

Greenmachine wrote: »

Would want to see a more valid source before I will believe it.

Citizens Information is a government agency, a part of the Department of Social Protection.

It's not some website run by a neckbeard.

Greenmachine

Mr. Loverman wrote: »

Citizens Information is a government agency, a part of the Department of Social Protection.

It's not some website run by a neckbeard.

It lacks references, and is an interpretation of the law. Same as the rules of the road.

Mr. Loverman

Greenmachine wrote: »

It lacks references, and is an interpretation of the law. Same as the rules of the road.

OK then, let's make this simple, please back up your position with some proof.

OldMrBrennan83

This post has been deleted.

Greenmachine

Mr. Loverman wrote: »

OK then, let's make this simple, please back up your position with some proof.

You first. The burden of proof is on you to validate the source you claim to be factual.

Mr. Loverman

Greenmachine wrote: »

You first. The burden of proof is on you to validate the source you claim to be factual.

I've already posted a link to the law which has no mention of the statutory minimum notice period overriding a notice period in a contract, and I've posted a quote from a government website which very clearly explains the notice period in a contract must be obeyed.

What is your problem? You're one of those people who can't handle being wrong, is that it?

ted1

Greenmachine wrote: »

Would not pay too much notice, to the requirements in you contract, they often have no place in law. e.g asking for a notice period in excess of that required of you by law. If you are moving into a meaningful permanent new contract, it will be this newer job that will be more important come the day you make a new move.

Awful advice. Follow your contract and don't burn bridges

Mrs OBumble

Mr. Loverman wrote: »

I've already posted a link to the law which has no mention of the statutory minimum notice period overriding a notice period in a contract, and I've posted a quote from a government website which very clearly explains the notice period in a contract must be obeyed.

What is your problem? You're one of those people who can't handle being wrong, is that it?

Mr Loverman - thanks for posting this useful material which answers the OP's query. Now, don't feed it. If you get my drift.


Greenmachine - a little less of the aggro thanks. It's fine to offer alternative opinions, but please don't be implying that you know more about employment law than a government agency unless you can back it up with links.

The_Conductor

OP- you mention you intend to take study leave, alongside your annual leave- in the runup to your leaving. You also state that any study leave will be restricted/curtailed- once you hand in your notice. Totally aside from the notice period- and indeed your holidays- intending to take study leave in the immediate run-up to leaving the company is disingenuous. Study leave- which is not very common- is a privilege at the discretion of the company (unlike annual leave, which is laid out in law). It sounds like you want to take the study leave- ontop of everything else- and structure handing in your notice, so as not to impinge your ability to take this leave.

Personally- I'd not consider taking study leave in the circumstances- you are taking the piss doing this- if you have the annual leave builtup- use that- or indeed- take unpaid leave- availing of study leave, and structuring your notice- solely to qualify for study leave- smacks of underhandedness in my books........

sparkling sea

Greenmachine wrote: »

You first. The burden of proof is on you to validate the source you claim to be factual.

Citizens Information source is legislation however it can be paraphrased. The source is a valid source but for more detail you could check the legislation. NERA will give the OP the answer they are looking for definitively, as will CIC (they will check with NERA first).

The Minimum Notice and Terms of Employment Act determines you legal notice period.

You should know S.7 (1) and (2) states both the employer and the employee to the right to waive notice

7.—(1) Nothing in this Act shall operate to prevent an employee or an employer from waiving his right to notice on any occasion or from accepting payment in lieu of notice.


(2) In any case where an employee accepts payment in lieu of notice, the date of termination of that person's employment shall, for the purposes of the Act of 1967, be deemed to be the date on which notice, if given, would have expired.

Obviously if you need your employer to be a refernce then you should follow the contract obligations however if you need to study leave you should use your own judgement. Always remember the golden rule, it business not personal - look after yourself while being as fair as you can be to your employer. Your holiday leave is time your employer has to find a new employee, along with any other notice period given by you once you have covered your needs. Remeber you do have a right to waive you notice