Leaving before notice period

sligolad1

If you have worked for an employer for less than 13 weeks and decide to leave, are you obliged to give the notice period in your contract (2 weeks) or can you leave without it?

blindsider

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

Give them 1 week's notice if that's what you want. Don't walk out on the day, unless what they are doing is clearly illegal or unsafe. (Call Gardai or HSA on your way out if it is!)

Legislation 'trumps' a contract in most cases.

OMM 0000

blindsider wrote: »

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

Give them 1 week's notice if that's what you want. Don't walk out on the day, unless what they are doing is clearly illegal or unsafe. (Call Gardai or HSA on your way out if it is!)

Legislation 'trumps' a contract in most cases.

Your link says the opposite of what you've advising.

It says:

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.

blindsider

<13 weeks employment. The first sentence applies.

OMM 0000

blindsider wrote: »

<13 weeks employment. The first sentence applies.

You cannot ignore the second sentence. It is directly related to the first sentence and explains an exception.

Stop doubling down on your mistake.

Jim2007

blindsider wrote: »

Legislation 'trumps' a contract in most cases.

Nope

blindsider wrote: »

<13 weeks employment. The first sentence applies.

And Nope again.

You need to take the whole paragraph in it's entirety, you can't pick and choose which sentences you want to rely on and which don't suit you.

blindsider

I know that it's Boards.ie, but I do wish that people who are not remotely qualified to give advice, wouldn't.

You could goa and parse the SI, or trawl through WRC judgments, oir even consult a professional.

In the interim, this may suffice:

https://www.peninsulagrouplimited.com/ie/guides/notice-period/

There are legal minimum periods of notice for both the employer and the employee to give when terminating a contract of employment. These periods are:

Notice to be given by the employer:

less than 13 weeks' continuous service - nil
13 weeks' but less than 2 years' service - 1 week
2 years' but less than 5 years' service - 2 weeks
5 years' but less than 10 years' service - 4 weeks
10 years' but less than 15 years' service - 6 weeks
15 years' service or more - 8 weeks

Notice to be given by the employee:

less than 13 weeks' continuous service - nil
13 weeks' service or more - 1 week.

NB This is Irish Employment Law

You're welcome.

antix80

blindsider wrote: »

I know that it's Boards.ie, but I do wish that people who are not remotely qualified to give advice, wouldn't.

So do I.

You've put forward your opinion.

It's wrong.

blindsider

antix80 wrote: »

So do I.

You've put forward your opinion.

It's wrong.

It's not an opinion - it's fact. Ask an employment solicitor.

OMM 0000

blindsider wrote: »

I know that it's Boards.ie, but I do wish that people who are not remotely qualified to give advice, wouldn't.

You could goa and parse the SI, or trawl through WRC judgments, oir even consult a professional.

In the interim, this may suffice:

https://www.peninsulagrouplimited.com/ie/guides/notice-period/

There are legal minimum periods of notice for both the employer and the employee to give when terminating a contract of employment. These periods are:

Notice to be given by the employer:

less than 13 weeks' continuous service - nil
13 weeks' but less than 2 years' service - 1 week
2 years' but less than 5 years' service - 2 weeks
5 years' but less than 10 years' service - 4 weeks
10 years' but less than 15 years' service - 6 weeks
15 years' service or more - 8 weeks

Notice to be given by the employee:

less than 13 weeks' continuous service - nil
13 weeks' service or more - 1 week.

NB This is Irish Employment Law

You're welcome.

Why are you ignoring the fact the notice period in your contract overrides the legal minimum period of notice?

The first link you posted literally states this.

You are doubling down and making a complete fool of yourself.

OMM 0000

And just because I know you're unwilling to admit you're wrong, here's the law:

http://www.irishstatutebook.ie/eli/1973/act/4/section/9/enacted/en/html#sec9

9.—(1) An employee may, for the purposes of ascertaining or confirming any term of his employment (including the date of commencement of that employment), require his employer to furnish him with a written statement containing all or any of the following particulars in relation to the following matters, that is to say—

(f) the period of notice which the employee is obliged to give and entitled to receive to determine his contract of employment, or (if the contract of employment is for a fixed term) the date on which the contract expires.

And let's look at the meaning of obliged from a legal perspective:

https://legal-dictionary.thefreedictionary.com/oblige

Currently obligation is used in reference to anything that an individual is required to do because of a promise, vow, oath, contract, or law. It refers to a legal or moral duty that an individual can be forced to perform or penalized for neglecting to perform.

A contractual obligation arises as a result of an enforceable promise, agreement, or contract.

The minimum notice you keep referring to means the absolute minimum notice you can give if you don't have a longer period stated in your contract.

OMM 0000

Btw, even in the second link you provided, it states you are incorrect:

https://www.peninsulagrouplimited.com/ie/guides/notice-period/

These are the minimum periods of notice required by law. An employer can if they wish include longer periods of notice in the contract of employment.

But you chose to exclude this from your post.

What's going on man?

Jim2007

blindsider wrote: »

I know that it's Boards.ie, but I do wish that people who are not remotely qualified to give advice, wouldn't.

Then please do.