Notice period while on probation

marbleblue

Sorry this is a bit long but i REALLY NEED ADVICE!!!! (before I crack up )

I have started a new job officially 1 week ago - for the previous 4 weeks I did 2 days a week in the new job until i worked put my months notice in the old job! Which I was in for 9 happy busy years!

I realised on the very first morning 4 weeks ago that everything I had been told was a lie or a twisted form of the truth ....... I was led to believe that I was being hired to run and coordinate a busy clinic and that there was a team of doctors/practitioners and I would be coordinating the practice.
It turns out that I am the only employee, doing a sales roll - selling treatments to online/phone enquiries.......The doctor only sees patients for 1 afternoon a week and other than that I'm totally alone in the practice with the boss - who is very unpredictable.
Ive never done nor wanted to do a sales job!

I was made sign my contract last week and it states that my period of notice is 6-8 weeks and if they want to end my employment within the first 3 months they can give 1 weeks notice.

I really need to get out of there - I'm in a constant state of anxiety and feel like I have been conned out of a job I liked.

If they had been honest from the start they could have hired the right person for the job.

Where do I stand with giving my notice - I cannot bear to stay there 6-8 weeks more but am I within my rights to just give 1 week or could I just walk.......

Iv been so stressed this week that I feel like I'm having a breakdown.

Any advice would be great.

Diziet

If they can give 1 week, then you can also. It's so early on, that you can just do that and go. I don't expect they can do much, other than withhold a reference.

skallywag

I agree with the above poster, if there is a probation period element to your contract, then is must be bilateral.

I would not be too bothered about a reference if you are leaving after one week, just let it go.

BoatMad

employment law states notice periods , your cannot sign away your rights

Eoin

Employment law states minimum notice periods. A contract can provide for a longer notice period, does not have to be equal for both parties and still be valid.

Just like a contract can give more annual leave than provided by law, or more than the minimum wage. In practice it might not be that enforceable, but that's different to saying that the contract is invalid.

BoatMad

Eoin wrote: »

Employment law states minimum notice periods. A contract can provide for a longer notice period, does not have to be equal for both parties and still be valid.

Just like a contract can give more annual leave than provided by law, or more than the minimum wage. In practice it might not be that enforceable, but that's different to saying that the contract is invalid.

you can give a person more entitlements then they are entitled to by law , eq holidays, you however cannot reduce their entitlements to less then that stipulated under law.

hence the term , you cannot sign away your rights

I ever said the contract was invalid, just that the OP is not bound by conditions that are more onerous then the law provides. Most contracts have a clause that states that any section found to be contary to irish law, merely renders that part invalid and does not invalidate the whole contract

Ad-hoc rules such as notice is equivalent to pay period, or purely as per contract have no basis in employment law. The signatures can abide by them, but they are not forced to .

Eoin

Increasing notice periods is not removing any legal entitlement. The clause is valid and binding unless specifically ruled not to be. Implying that a notice period over the statutory minimum is invalid is bad advice.

Edit: of course a disproportionately long one might be easy to argue, but that's not the point.

BoatMad

Eoin wrote: »

Increasing notice periods is not removing any legal entitlement. The clause is valid and binding unless specifically ruled not to be. Implying that a notice period over the statutory minimum is invalid is bad advice.

Edit: of course a disproportionately long one might be easy to argue, but that's not the point.

This is bad advice. Employment law lays out statutory notice periods, including employee leaving notice.

The employment contract is not binding in so much that it has no effect if the employee opts to provide the statutory notice period. The employer cannot penalise the employee in any way. Outstanding salaries are due to the date of departure etc.

Eoin

^ This is incorrect though. The statutory notice period is just the minimum. A contract may not provide a smaller notice period. It can absolutely be extended by mutual agreement, which is what signing a contract means.

Link.

If you are changing your job, you are required by law to give your present employer notice of your decision to leave. The actual length of the notice you are required to give will depend on your contract of employment and on the minimum notice that you are required to give by law
...
Requirements as to notice are among the items in a contract of employment that should, by law, be in written form. You should therefore check your contract of employment for any provisions as to the notice you are required to give and follow those provisions.

Link

Employees who have been in continuous employment for at least 13 weeks are obliged to provide their employer with one week’s notice of termination of employment. If a greater amount of notice is specified in the employee’s contract of employment, then this notice must be given.

Link

Employers and employees may agree longer periods of notice.

Whether or not it's practical for the employer to do anything is a different matter. It's breach of contract, unless that particular clause is deemed to be unfair.

seamus

Diziet wrote: »

If they can give 1 week, then you can also.

Contractually that's incorrect. There's no reason why the two notice periods have to be the same.

However, in reality, I would agree with you, especially below:

It's so early on, that you can just do that and go. I don't expect they can do much, other than withhold a reference.

In fact, the sooner you do this the better. Last thing you want is to have worked there 6 full weeks, quit and then find they're withholding wages from you. At least you've only been there a week, if they decide to delay your wages you're not that badly out of pocket.

You've been there such a short period of time I'd be inclined to tell them today that you're done and will finish up tomorrow afternoon.

Yes, you're contractually in breach, but the chances of them actually doing anything about it are slim. Like winning the lotto slim.