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Notice period whilst on probation

  • 05-10-2022 2:23pm
    #1
    Registered Users, Registered Users 2 Posts: 738 ✭✭✭


    Does anyone know what notice I am supposed to give my employer whilst I am still on probation? I am in a new job and am one month short of my 6 months probation being up. I do not like the job at all and have made the decision to leave, my problem is that when I am made permanent my notice period will be 2 months which can be off putting to potential new employers, so I want to get out before my probation is up, plus I’ve already checked out in my head so just want out as quickly as possible now.



Comments

  • Registered Users, Registered Users 2 Posts: 18,984 ✭✭✭✭kippy


    Obviously not sure of the specifics but it is generally easier to get a new role if you are in a role - it's also difficult to access Social Welfare supports for a time if you quit a job.

    Have you thought this through 100%? I would strongly advise against leaving a job unless it is causing you health/stress issues and even at that it is easier get a role when you are in one.



  • Registered Users, Registered Users 2 Posts: 797 ✭✭✭POBox19


    Employment notice is a two way street so check the contract. If the contract is silent on notice before probation ends then one weeks notice would be normal. If you're due holiday time you can use that up during the notice period. As above it is far better to stay in a job while still looking for another.



  • Registered Users, Registered Users 2 Posts: 738 ✭✭✭Dual wheels


    Thanks both, really appreciate your replies, yea the job is causing me a lot of stress, long story short the place is a right mess and I’ve tried my best to get on top of things but there comes a point that I need to cut my losses. Notice period in probation is not specified in the contract so it’s good to know the legal requirements, thank you. In terms of another job, an old boss is willing to take me on in a more junior role elsewhere, not ideal obviously but it’s a fallback I can use if I’m stuck so having thought it through I think the best option is to just get out and try put it behind me.



  • Registered Users, Registered Users 2 Posts: 738 ✭✭✭Dual wheels


    So I handed in my notice and said that as I am on probation I will be giving one weeks notice as I am legally obligated to but my employer is saying no that I need to do the 2 months stated in my contract but I said I am still on probation and it doesn’t specify in the contract a notice period for probation so am I correct in my stance? Thanks in advance



  • Registered Users, Registered Users 2 Posts: 6,373 ✭✭✭iwillhtfu


    I'm open to correction but under a probationary period I don't think you're required to give any period of notice. I'd stick with what you've offered unless you're dependent on a reference from this company.



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  • Registered Users, Registered Users 2 Posts: 797 ✭✭✭POBox19


    Look at it another way. If they wanted you out would they give you two months pay in lieu of notice?



  • Registered Users, Registered Users 2 Posts: 18,580 ✭✭✭✭bucketybuck


    I'd say you are overthinking things, if you leave after one week there is effectively zero they can do about it so why even have this battle?

    Remember, notice period means "notification of intention to leave", it doesn't mean "request permission to leave".

    The reference is hardly going to be shining either way so if I was you I would tell them your finish date and not worry too much what they think about it.



  • Registered Users, Registered Users 2 Posts: 10,328 ✭✭✭✭Dodge


    They’re not going to sue you for breach of contract

    Go and be happy



  • Registered Users, Registered Users 2 Posts: 26,289 ✭✭✭✭Mrs OBumble


    If the contract doesn't have a separate statement about notice on probation, but does about notice in general, then I'd expect the contract period to apply.

    That said, as others have stated, they likely can't do much if you just don't show up. Except remember if they meet you anywhere in the future.



  • Registered Users, Registered Users 2 Posts: 738 ✭✭✭Dual wheels


    Thanks everyone, really appreciate your replies



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  • Registered Users, Registered Users 2 Posts: 18,580 ✭✭✭✭bucketybuck


    Don't forget option B. If they are adamant you stay, then stay and pick up your wages for 2 months while doing absolutely nothing. Its not as if they can threaten you with the sack, and you can still just up and leave anyway should you find another job in the meantime.

    Some might call that cynical, but there is a reason that well run companies don't actually want disgruntled employees hanging around for extended notice periods, it quite often does more harm than good to the company.



  • Moderators, Business & Finance Moderators Posts: 10,601 Mod ✭✭✭✭Jim2007


    Does it say in your contract that there is a shorter period of notice during probation?



  • Registered Users, Registered Users 2 Posts: 738 ✭✭✭Dual wheels


    No no mention of notice period whilst on probation, it just states notice period of 2 months



  • Registered Users, Registered Users 2 Posts: 199 ✭✭xeresod


    As it doesn't specify a separate period for probation, or say that 2 months only applies after probation, then your contractually obliged to give 2 moths notice - but as others have said, it's really unlikely they'll pursue you over it



  • Moderators, Business & Finance Moderators Posts: 10,601 Mod ✭✭✭✭Jim2007


    So then the notice period is two months. Why an employer would want to have a probationer who did not want to be there hanging around for two months would be very odd, so I expect they will agree to an earlier exit. But until you actually do it we won't know.



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