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Notice period during probation

  • 28-10-2014 10:17pm
    #1
    tringlarido
    Registered Users, Registered Users 2 Posts: 47 ✭


    Hey all,

    Again question after carefully ready my work contract !

    In my contract it says the company can give not less than 1 week notice to terminate my employment.
    And another chapter is about termination of employment with notice, there it mentions not less than 1 month by either party ( Except in circumstances justifying immediate termination of employment)

    Does it mean I can legally also give a 1 week notice during probation period to terminate my employment ?
    Is that ok to give only 1 week notice ?

    thanks


Comments

  • #2
    allibastor
    Closed Accounts Posts: 2,520 ✭✭✭allibastor


    tringlarido wrote: »
    Hey all,

    Again question after carefully ready my work contract !

    In my contract it says the company can give not less than 1 week notice to terminate my employment.
    And another chapter is about termination of employment with notice, there it mentions not less than 1 month by either party ( Except in circumstances justifying immediate termination of employment)

    Does it mean I can legally also give a 1 week notice during probation period to terminate my employment ?
    Is that ok to give only 1 week notice ?

    thanks


    Yes, Generally during your probation period the company can terminate you and you can leave within a week.
    It does depend on the wording of the contract, I have seen ones where up to the probationary period being called off you can be gotten rid of with no notice, while you musty give 1 months notice to leave.

    If you can Pm me with the wording verbatim I can look and advise


  • #3
    Tar.Aldarion
    Moderators, Science, Health & Environment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 60,110 Mod ✭✭✭✭Tar.Aldarion


    During the first 13 weeks you can leave with no notice.


  • #4
    Eoin
    Registered Users, Registered Users 2 Posts: 21,263 ✭✭✭✭Eoin


    Tar.Aldarion wrote: »
    During the first 13 weeks you can leave with no notice.

    Unless your contract says different.


  • #5
    Tar.Aldarion
    Moderators, Science, Health & Environment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 60,110 Mod ✭✭✭✭Tar.Aldarion


    Woops missed that line in OP, that's true but not sure what the laws are for the notice they can enforce. One month would fall within the remit though.
    Comes down to wording in the contract. If they don't have to give notice then the minimum period of giving notice does not apply, as they are not giving notice :D


  • #6
    Eoin
    Registered Users, Registered Users 2 Posts: 21,263 ✭✭✭✭Eoin


    You may be able to argue that a long notice period is an unreasonable clause (or it'll probably be unenforceable from a practical point of view), but once a contract doesn't shorten the notice periods set out by law, you're pretty much bound by what you sign.

    The wording sounds odd in the OP. I've heard of unbalanced notice periods - not very fair, but legal - where a company can give less notice than the candidate. But that seems different again to what the OP is describing.


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