Advice regarding notice period

Blizzard

I've been with a very small company for just over two years and have decided (for various reasons) that it's time to move on. I've checked my contract and the Termination clause states:

Notice of termination of employment by either you or the company will be 1 week or such further period as my be required by the Minimum Notice and Terms of Employment Acts, 1973 & 2001. The company may if it so wishes pay salary in lieu of notice and require that during such notice period you do not carry out any duties or attend at the work place.

My question is since my contract states 1 week notice be given, is that all I need to provide (I'll do it in writing and verbally to my boss), or do I need to give 2 weeks as I'm there over two years (which is required by law)?

Thanks for any advice.

F1ngers

Blizzard wrote: »

Minimum Notice and Terms of Employment Acts, 1973 & 2001.

They may go by this.
What does this state?

Blizzard

Online it states: The period of notice to which an employee is entitled varies according to length of service.

- 13 weeks to less than 2 years: 1 week
- 2 years to less than 5 years: 2 weeks

I was thinking that I may have to give two weeks given that I'm there just over two years; however, as the contract states one week, I had my fingers crossed to do just that. I may try to get away with one week if I can.

Eoin

Correct, that's what you're entitled to, not them. Pretty sure that a week is correct, and the contract does not contradict legislation.

Blizzard

Eoin wrote: »

Correct, that's what you're entitled to, not them. Pretty sure that a week is correct, and the contract does not contradict legislation.

That’s how I was interpreting it, thanks!

Jim2007

Eoin wrote: »

Correct, that's what you're entitled to, not them. Pretty sure that a week is correct, and the contract does not contradict legislation.

No that is not correct. The clause quoted by the OP is very clear, it makes no distinction between the employer and the employee:

Notice of termination of employment by either you or the company will be 1 week or such further period as my be required by the Minimum Notice and Terms of Employment Acts, 1973 & 2001.

The notice period is two weeks.

Eoin

Jim2007 wrote: »

No that is not correct. The clause quoted by the OP is very clear, it makes no distinction between the employer and the employee:



The notice period is two weeks.

The contract says this:

Notice of termination of employment by either you or the company will be 1 week or such further period as my be required by the Minimum Notice and Terms of Employment Acts, 1973 & 2001. The company may if it so wishes pay salary in lieu of notice and require that during such notice period you do not carry out any duties or attend at the work place.

The act says that he must be provided with 2 weeks notice, not that the employer must be provided with 2 weeks notice.

Is your interpretation that the "either" part means that an increase to the notice period for him, also increases the notice period to the company? (I can see where you're coming from actually, if that's the case)

Blizzard

Thanks Eoin. I see what you mean. I checked Citizen's Information and it explains:

"Statutory minimum notice is the shortest period of notice you are allowed to give under Irish law. If your contract of employment does not specify how much notice to give, you must follow the rule of law*, which sets statutory minimum notice at one week. You should therefore give your employer one week’s notice before leaving."

I think if I stretch things and say 'my contract states one week's notice' I'll see what can be done. If the 'or such further period as may be required by the Minimum Notice and Terms of Employment Acts, 1973 & 2001' is mentioned I'll deal with that as I'd strongly prefer not to have to do the second week if it comes down to it.