How do I resign

Ella108

Hi, I am considering resigning from my current employer, who is self employed ( limited company) so it's just 2 of us. I started 4 months ago and things aren't as I expected or going well and getting very stressful for me. On my contract it reads 6 months probation bla bla( the boss designed the contract to suit himself) and says I need to give 2 months notice period. Lot of reasons I can't list all here why I want to just not continue working for this employer.

I need an advice on how to quit without causing much disruption or drama etc.

How much notice do I give, what exactly should I write on my resignation letter ( o intend it to be as short as possible). I don't have payslips of last 2 months as "forgot" to provide those.

Kimbot

You only have to give a weeks notice:

Ella108

How, in writing or verbal? I am afraid he won't pay me for the work so far if I leave middle of the month

Kimbot

Your best to put it in writing, if he doesnt pay you then go to a solicitor.

GerardKeating

What your employer puts in the contract, and what's legal and enforcable are not always the same thing, but maybe wait till you get a new job first before you hand in your notice.

Once you have a new job, give notice to suit the new job, not the old one. For working in a place less than six months, a week is reasonable.

Notice does not have to be in writing, you could just tell them face to face.

argentum

If he's not giving you pay slips its probably doggy anyway. You don't need to give any notice at all just like he can let you go with no notice .Can you leave when you know that you have been paid

This content has been removed.

Sigma101

I was just about to say what @GerardKeating said. According to the WRC " 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."

Since there's just the two of you, you would be best sit down together and come to an agreement. All this talk of legal and solicitors can just make matters worse.

Mrs OBumble

https://www.boards.ie/discussion/comment/122111984#Comment_122111984

A solicitor might cost more than the wages!

This is what I'd do:

1) get a new job

2) a few days before pay is due, write a letter like

"Dear ManagerName

This is to inform you that I am resigning from COMPANYNAME, effective immediately

Yours sincerely

YOURNAME"

Don't put the date on it -yet.

3) Carry the letter with you. As soon as you are paid, sign and date the letter, give it to him, and leave.

Avatar in the Post

Do you get paid weekly in arrears or monthly, around the 25th?

Ezeoul

I take it things have gotten worse since your thread last week when he didn't pay you on time (again).

I wouldn't worry too much about his requirement for two months notice. Timeframes obviously mean nothing to him.

In this scenario, Id probably do as Mrs OBumble suggested.

the_amazing_raisin

This thread got a bit unnecessarily militant pretty quickly

OP, simplest way to resign is to verbally tell your employer that you're resigning and work out a finishing date

If he wants you to stay for your contract notice period then you'll probably have to do that, however you could say you're open to a shorter notice period. He might be open to this since he won't have to pay you for two months then

Once you've worked something out, write a letter or email similar to the example above but put in the finishing date that you've agreed

Since it's just two of ye, you might as well expect some drama. He'll probably give the whole "disappointed you're leaving" speech and ask why you're going. You are free to answer as many or as few of his questions as you feel comfortable doing

Until your finishing date, continue to do your job to the level expected by your contract. Don't give any reason for him to claim you were negligent in your duties

I would request a written letter of reference before you finish. It doesn't have to be much, just a confirmation of your employment dates, job position and contact details for your employer. Better to have this in hand so you don't have to go back and ask later

Avatar in the Post

https://www.boards.ie/discussion/comment/122112288#Comment_122112288

The employer is not living up to his side of the agreement, so I don't think notice is necessary.

As for a written notice, when is the last time any employer asked for a written notice? I remember a salesman for a former employer put a gun to the employer's head (metaphorically) demanding a positive reference in writing before he'd go (guy was beyond terrible as a salesman, and the employer would have written him a love letter if it meant he'd PFO), and for similar reasons vanishingly few people will rely on a written reference.

Strumms

I’d recommend, notice via email. No, point in offering him anything in the way of courtesy that he won’t be extending to you.

Work whatever legal notice, work while not to rule but certainly don’t be going OTT or going to outrageously flexible lengths to get things done.

Being paid correctly and on time is the minimum, the bare minimum an employee should expect from an employer. When they are reneging on their responsibility as is evident here… just coast it out.

mcgragger

You can quit today. If you're not permanent then there is no contract.

Just walk.

Ella108

So I spoke about leaving and quitting and he said 1 or 2 months until he finds someone, so I have asked for a proper meeting to discuss this. As today was hectic and busy day again at office. He didn't seem to happy about me quitting it seems. But I don't think there are alternatives. Things feel so awful currently. I broke down to tears as I felt I didn't have choice. I am actively looking for jobs, and I know very well meant posters here have adviced not to leave until I find another, ideally that's what I am looking for too but i dont think I can wait any longer. Not easy decision at all, because I invested a lot of my efforts to set up the office etc

Avatar in the Post

Hmmmm.

gibgodsman

Day you get paid, leave, you don't need to give notice in the probation period, neither does he

Sigma101

https://www.boards.ie/discussion/comment/122112623#Comment_122112623

If you're happy with that arrangement then fine. Otherwise I think that sounds like you'll be leaving on his terms, not yours. That kind of vagueness would be unacceptable to me. As others have mentioned, a 2-month notice period while on probation is not enforceable in practice. Don't be held to ransom for a final pay packet.

Ella108

https://www.boards.ie/discussion/comment/122112675#Comment_122112675

Absolutely, I'm as nervous leaving as I was when I joined so I want to do it without giving any opportunity to him to use anything against me especially that silly contract ( which he has justified how it benefits both sides by having 2 months notice period bla bla) ! I can't wait for this to be over ( it has been nightmare at times). I did hesitate to sign that though!!I try not to think too much into why I signed it then, mistake! Anyway thanks everyone for your kind support.

Ted222

The two month notice period is excessive and unenforceable. Even if it was, he’s not going to go to that trouble and expense.

Just leave. Tell him you’re leaving Friday week.

Mrs OBumble

https://www.boards.ie/discussion/comment/122112469#Comment_122112469

That is totally incorrect.

The OP has a contract. It specifies a notice period, so the law itself says that the legal notice period is irrelevant.

But the contract is not enforceable, and doesn't list the penalty for not serving notice. So its safe enough to ignore it.

Ella108

Thanks, do know that I'm still on probationary period, so do I actually have to serve any notice period, I don't think so. I'm just trying to be on as safe a side as possible! I'm anticipating he'll need me to train new person, as there's no HR , help with finding new person! when I myself wasn't properly/fully trained, I learnt most aspects of the job myself

Avatar in the Post

Going on the basis this is real…

No contract forces anyone to work for someone if the conditions are unbearable, which can be considered constructive dismissal or bullying.

This is not the 19th century where 10 year olds were sent up chimneys.

If you can’t wait for your time with the employer to be over, just leave. Mental health is more important.

Ella108

Brilliant advice

https://www.boards.ie/discussion/comment/122112732#Comment_122112732

Brilliant advice! Thank you. I am reading the contract several times to make sense of it all and you are spot on about how unenforceable it is

Iguarantee

https://www.boards.ie/discussion/comment/122113435#Comment_122113435

If I’ve learned anything in my professional life, it’s that work is just a means to an end.

If you’re genuinely unhappy, then just quit. F*ck the notice period your boss gave you.

A 2-month notice period is typical for a director in a medium to large company. It’s uncommon to have a notice period like that in a two-person operation and I certainly wouldn’t entertain it.

Your employer has written a contract, the terms are in their favour. However, if they’ve paid you late, multiple times and are effectively gaslighting you about needing time to find a replacement, then I’d be even more eager to quit.

Your employer sounds like a selfish prick.

I own my own business, as does my wife. The way you’ve described your work situation does not sound normal or healthy.

Quit your job, to hell with your employer.

delboythedub

https://www.boards.ie/discussion/comment/122111994#Comment_122111994

Correct the hardest time to get a job is when you don't have one and your out of work.

GerardKeating

https://www.boards.ie/discussion/comment/122112757#Comment_122112757

If your employer is not giving you pay slips, and "forgetting" to pay you, you should really check with revenue that they are paying your PAYE & PRSI to revenue.

As mentioned before, sort yourself out for a new job, and hte next time they don't pay you on time, just walk

Ella108

Update: As I expected, the boss wants me to stay longer ie 2 months notice, train new person which he hasn't found yet ( more work!) I gave 2 weeks which i think should be sufficient for him ( even though if I could Id leave same day) .. I may stay longer only for the reason that it'll give me time for the new job hunting etc I feel somewhat a relief now that I have given notice

Iguarantee

https://www.boards.ie/discussion/comment/122123146#Comment_122123146

Well done. I hope your remaining time there flies by.

Don’t be under any illusions here; you can quit your job ANY time you want and walk out the door ANY time you want.

Whether that’s technically legal or illegal depends on your contract and terms of employment. I would rather leave and be happy than stay and be miserable, regardless of what the contract says.

If your employer has an issue and wants to take you to court for breach of contract , then so be it. By the sounds of it, you can likely demonstrate that you have an unreasonable 2-month notice period contractually (which is very long!) and that they failed to pay you on time on multiple occasions.

Professionalism goes BOTH ways. Your employer cannot expect you to fulfil your part of the contract and then make a balls of fulfilling their side of it.

Good luck with your next role!