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Leaving a job before contract out?

  • 06-04-2017 10:48am
    #1
    Banned (with Prison Access) Posts: 2,043 ✭✭✭


    Hi all.

    If I was signed up to a job on 23 month contract, but I wanted out after 6 months, what are the legal implications of leaving? Would I have to pay back my salary earned so far or anything like that?

    Thanks,
    MRO


Comments

  • Registered Users, Registered Users 2 Posts: 28,696 ✭✭✭✭drunkmonkey


    What does your contract say about termination?

    I'd assume you can just walk like any job unless there's something in your contract.


  • Banned (with Prison Access) Posts: 2,043 ✭✭✭me_right_one


    What does your contract say about termination?

    I'd assume you can just walk like any job unless there's something in your contract.

    I didnt sign up yet. I just mean in general, if a better offer came up and you quit your current contract, is there any laws protecting the employer to prevent this from happening?


  • Closed Accounts Posts: 1,575 ✭✭✭Indricotherium


    What about minimum notice requirements in contracts that far exceed statutory minimums? Can they be enforced?

    In general could an employee be held to a notice period in a contract of employment?

    How would this be enforced?


  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    What does the contract say?

    Normally courts are slow to make an employee continue their employment.

    It may depend on something like if it was a contract for a specific project and continuity of knowledge is of fundamental importance - if the employee leaves early, the employer could be at a disproportionate loss. Requiring repayment of salary is unlikely, but some buy out payment may be necessary. There may be issues with training and bonuses.

    Apprenticeships also have complications.
    What about minimum notice requirements in contracts that far exceed statutory minimums? Can they be enforced?

    In general could an employee be held to a notice period in a contract of employment?
    An important test would be how reasonable the notice period is.
    How would this be enforced?
    Gardening leave.


  • Closed Accounts Posts: 1,575 ✭✭✭Indricotherium


    Victor wrote: »

    Gardening leave.

    My understanding of gardening leave is that it is paid leave on the condition that you do not work for a competitor etc., for the period of the contract.

    If an employee wants to take up new employment on short notice, say, two weeks, and their contract stipulates 4 weeks of notice is required, is there a realistic way that an employer could try to enforce the contract of employment.


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  • Registered Users, Registered Users 2 Posts: 2,457 ✭✭✭livedadream


    depends on the industry and the country your in.
    Arab world, it just doesnt happen.
    Uk Ireland, happens all the time, take the poor reference and hope for the best.
    also depends on what your contract says.


  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    imho its a question of reputation and references.

    If you want to leave, try to do so on good terms


  • Closed Accounts Posts: 1,575 ✭✭✭Indricotherium


    nuac wrote: »
    imho its a question of reputation and references.

    If you want to leave, try to do so on good terms

    So in the case of a person taking up a role they anticipate will be very long-term, there is no rea risk in giving short notice to a current employer?


  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    So in the case of a person taking up a role they anticipate will be very long-term, there is no rea risk in giving short notice to a current employer?

    Of course there are risk - probation periods and/or redundancy.


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  • Registered Users, Registered Users 2 Posts: 32 ludalyni


    Hi all.

    If I was signed up to a job on 23 month contract, but I wanted out after 6 months, what are the legal implications of leaving? Would I have to pay back my salary earned so far or anything like that?

    Thanks,
    MRO

    If you haven't signed up to a contract and you want to leave then all you have to do is give the statutory minimum period of notice (which is 1 week).

    There would be no obligation on you to repay any salary already paid.


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