Two different notice periods - one for probation, and one not?

amusicalfrog

Hey all, I realise that this might come across as looking for legal advice but I swear I'm not, I'm just someone starting their first job after college and who knows nothing about notice periods/contracts of employment.

So I have received an offer for an entry-level civil service position. I am intending on applying for another civil service position which would be more useful to me long-term, and which requires you to be available on the proposed start date (based on other people I know in this position they usually offer it one or two weeks before the start date). My ideal situation would be to accept the current job offer, and have it as a fallback in the event I don't get the job I prefer.

An issue arises regarding the notice period I am required to give for this job that I've been offered. For the first year I am in the job, I am on probation. The contract stipulates that: '[T]he contract may be terminated at any time prior to the expiry of the term of the probation period by either side in accordance with the Minimum Notice and Terms of Employment Acts, 1973 to 2005.' Based on my reading of s6 of the Minimum Notice Acts (which states that an employer 'be entitled to not less than one week’s notice from an employee who has been in his continuous employment for thirteen weeks or more of that employee’s intention to terminate his contract of employment'), it appears that during this one-year probation period I need only provide my employer with the statutory minimum of one week's notice.

However, another provision of the contract governing termination states that my employer requires one month's notice in the event that I terminate my employment. So, my question is whether or not I have misinterpreted the provisions of my contract so as to create two different notice periods, one during probation and one after. I have no idea whether having two notice periods is a normal thing for an employement contract, so I decided I'd look for the wisdom of people who've actually had jobs before! Many thanks in advance.

runawaybishop

Not unusual to have a different notice period during probation.

Take the first job anyway.

mcgragger

1 week is all you are required to give if its in writing. Its not your fault if you have paperwork that is contradictory.
You can work off the lesser of the two.

You are also not entering a slave camp so you can leave when you want and if you are going to the civil service at grade 1 you are not going to be missed if you leave in the first few months.


Look at the WRC website

https://www.workplacerelations.ie/en/what_you_should_know/ending%20the%20employment%20relationship/minimum%20notice/

tringle

Im in the civil service and about to leave. I have been told i have to give one months notice.
But as a temp i only had to give one week.
So yes, they do have 2 seperate notice periods.

BMHOPE

But if changing from one role in civil service to another role, it goes on release dates, notice periods are not applicable, their people (new section/department) contact your people current department for release date- usually not much tooing and froing they agree a date for you to start the new role. You don't have to get involved at all, but current boss usually asks if you are ok with that. It depends on departments, and roles, but that is a generalisation, obviously if critical role, specialised role or very few staff they may keep you a bit longer but it should not effect your new offer at all.