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Expiring contract and new job offer.

  • 09-12-2014 7:16pm
    #1
    Registered Users, Registered Users 2 Posts: 556 ✭✭✭


    Hello all.

    I need some advice on my current employment situation. I signed a 6 month contract in July; it expires on 31st December. The company are keen to keep me on as we are very busy. So busy that my new contract does not have time to be sorted out and i assume the company were hoping I would work on a rolling basis until they got the chance to sort my contract out. Its a small firm and this rolling contract situation has happened in the past with another member of staff. I have not asked my work for a new contract as I have been approached by a number of firms who wish to employ me. I been offered a new job elsewhere with a start date on the 5th of January. I want to take this job.

    My contract states that I have a one month notice period. However does the fact my contract ends on the 31st null and void the months notice period.

    When I signed my contract I envisaged something like this happening. I mentioned to my director that the timing of the ending of the contract at Christmas time may be a logistical nightmare and he assured me that all would be sorted.

    I am due to agree the finer details of my new role tomorrow and the contract will be ready for signing on Friday. If I sign the contract on Friday I plan to call a meeting with my Boss and tell him I will not be signing a new contract and as my contract expires I will cease to work for the Company on 31st December.

    I feel guilty leaving the small firm in this manner. However, I have been working 45-60 hour weeks for the past 6 months. I have 21 days in lieu built up and have not touched my 13 days holiday. I recently requested an extra member of staff as we have recently won more work. My bosses agreed and went to recruit a new member of staff only to be told the couldn't by the directors. I can work remotely over the festive period to ensure all my current tasks are completed by the end of my contract and all long term work is put in place for a colleague to take on.

    Any advice is welcome.

    Thank you.



    any advice would


Comments

  • Registered Users, Registered Users 2 Posts: 2,050 ✭✭✭blindsider


    danotroy wrote: »
    Hello all.

    I need some advice on my current employment situation. I signed a 6 month contract in July; it expires on 31st December. The company are keen to keep me on as we are very busy. So busy that my new contract does not have time to be sorted out and i assume the company were hoping I would work on a rolling basis until they got the chance to sort my contract out. Its a small firm and this rolling contract situation has happened in the past with another member of staff. I have not asked my work for a new contract as I have been approached by a number of firms who wish to employ me. I been offered a new job elsewhere with a start date on the 5th of January. I want to take this job.

    My contract states that I have a one month notice period. However does the fact my contract ends on the 31st null and void the months notice period.

    When I signed my contract I envisaged something like this happening. I mentioned to my director that the timing of the ending of the contract at Christmas time may be a logistical nightmare and he assured me that all would be sorted.

    I am due to agree the finer details of my new role tomorrow and the contract will be ready for signing on Friday. If I sign the contract on Friday I plan to call a meeting with my Boss and tell him I will not be signing a new contract and as my contract expires I will cease to work for the Company on 31st December.

    I feel guilty leaving the small firm in this manner. However, I have been working 45-60 hour weeks for the past 6 months. I have 21 days in lieu built up and have not touched my 13 days holiday. I recently requested an extra member of staff as we have recently won more work. My bosses agreed and went to recruit a new member of staff only to be told the couldn't by the directors. I can work remotely over the festive period to ensure all my current tasks are completed by the end of my contract and all long term work is put in place for a colleague to take on.

    Any advice is welcome.

    Thank you.



    any advice would

    Unless you sign (or at least verbally agree to) a new term of employment, then you will not be employed by the company after 31/12/14.

    If they can't find time to look after your contract, then they're leaving themselves wide open to a 'shock' i.e. you leaving.

    I'm not being overly harsh on the employer - if the work dried up suddenly, they'd let you go as of Dec 31st without hesitation.

    Look after yourself 1st. sign the new contract, and inform your current boss immediately - be completely straight and honest.

    Oh, and make sure you get paid for your holidays!

    BOL in the new job!


  • Registered Users, Registered Users 2 Posts: 26,458 ✭✭✭✭gandalf


    Have you formally signed a contract with the new company?

    If not that should be your first action and secure the job starting the 5th of Jan.

    Once that is done inform your current boss of the situation immediately to give them notice at least (I doubt they will be able to get a replacement organised at short notice) that you are finishing as per your fixed term contract.


  • Closed Accounts Posts: 990 ✭✭✭timetogo


    I wouldn't feel guilty at all. It's business, not personal.
    If they had to let you go it'd be similar.
    You both have a responsibility. The business has a responsibility to make sure they've enough staff. You've a responsibility to make sure you've a job in January. Just because they're not doing their bit shouldn't make you feel guilty.

    Maybe tell you boss that you have a new job at the end of your contract. They could come back with a counter offer.


  • Registered Users, Registered Users 2 Posts: 556 ✭✭✭danotroy


    Thanks for all the advice.

    I was honest with my boss and told him that I will not be signing any forthcoming contract from the company and this means that I will cease to be employed on the 31st December. He was shocked but very professional. He asked if they could do anything to keep me to stay and I said it was already too late he understood, congratulated me and asked about my new job. It was a lot easier than I was anticipating. Since then my relationship with both my boss has changed. He respects me more and has even offered to help me set up my own company so I can do the odd free lance job with them if my new contract allows for it.

    Cheers again for the sound advice.


  • Registered Users, Registered Users 2 Posts: 26,458 ✭✭✭✭gandalf


    Congrats and good luck in the new job. Enjoy your Christmas now :)


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