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Between jobs, Is this legal?

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  • 14-05-2021 12:36pm
    #1
    ito
    Registered Users Posts: 88 ✭✭


    Hi there,
    • I am in a job that has 3 months of notice period :eek:
    • I got another job offer to start in a bit over 2 months :pac:

    Can I use my holidays to cover those days until the 3 months? :rolleyes:

    It will mean that I will be working for 2 companies, but on holidays in the old one until I finish there. :confused:

    Thank you all in advance,


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    #2
    Creamy Goodness
    Registered Users Posts: 26,558 ✭✭✭✭Creamy Goodness


    You can attempt to use you accrued annual leave but your current employer is not obligated to accept the request and can make you work out your notice. Your contract for your current job would have specified your notice period and you should have informed your new employer of this when accepting their offer.

    Either company will not like you working for the other, especially if there's domain-specific knowledge you'll have and you will almost certainly be in breach of both employment contracts you will have signed.

    Please read your contracts before you sign them!


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    #3
    Mrs OBumble
    Registered Users Posts: 25,717 ✭✭✭✭Mrs OBumble


    Yes, provided the old job will give you leave. They don't need to know why you want leave then.


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    #4
    ito
    Registered Users Posts: 88 ✭✭ito


    Creamy Goodness wrote: »
    You can attempt to use you accrued annual leave but your current employer is not obligated to accept the request and can make you work out your notice. Your contract for your current job would have specified your notice period and you should have informed your new employer of this when accepting their offer.

    Either company will not like you working for the other, especially if there's domain-specific knowledge you'll have and you will almost certainly be in breach of both employment contracts you will have signed.

    Please read your contracts before you sign them!
    Mrs OBumble wrote: »
    Yes, provided the old job will give you leave. They don't need to know why you want leave then.

    Thank you both,

    In the new place, they are aware of the 3 months and the juggling that I will try to do with my current employer.

    In my current place, I will just say that I am leaving and I will decide after what I want to do, it is true that they don't need to know what I am doing at all.


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    #5
    starbaby2003
    Registered Users Posts: 664 ✭✭✭starbaby2003


    Just to be clear, there is nothing illegal about not working your notice. It is just an agreement between you and your employer. Have you approached them about reducing the notice? Unless you are critical, most would be happy to oblige.


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    #6
    JustAThought
    Registered Users Posts: 5,323 ✭✭✭JustAThought


    OP - won’t they find out when your new company rings to get a reference? You might as well come clean - after the reference!! Holidays are usually paid so you’ll run into complications with your tax situation and PAYE - not to mention being taxed up the wazoo on your double months ‘work’ . Try and end it within the 2 months and take and leave or get paid for the holidays if you can BEFORE you officially leave - your P45 will be clear & easy then and you win’t gave messy tax credits to try and sort out at the end of the tax year.


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    #7
    ito
    Registered Users Posts: 88 ✭✭ito


    starbaby2003 wrote: »
    Just to be clear, there is nothing illegal about not working your notice. It is just an agreement between you and your employer. Have you approached them about reducing the notice? Unless you are critical, most would be happy to oblige.
    That's the whole point, I want everything legal.
    JustAThought wrote: »
    OP - won’t they find out when your new company rings to get a reference? You might as well come clean - after the reference!! Holidays are usually paid so you’ll run into complications with your tax situation and PAYE - not to mention being taxed up the wazoo on your double months ‘work’ . Try and end it within the 2 months and take and leave or get paid for the holidays if you can BEFORE you officially leave - your P45 will be clear & easy then and you win’t gave messy tax credits to try and sort out at the end of the tax year.
    I can't do that because I need to be employed in the "old" company for 2 years, otherwise I have to pay for a course I did with them. I am already paying the max, so it can't be worse than that, just that for 4 weeks I will get paid from 2 companies and I will pay taxes from both of them.


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