Does time laid off count as "notice"?

big b

Hi

Our company announced lay-offs at one days notice. The form for SW said temporary for 4 weeks, but the 4 weeks have come & gone & we are still laid off. There has been no formal communication from the employer, other than verbally stating the lay-off would continue.
Assuming the likely scenario of redundancy, would someone with 2+ years service be entitled to 2 weeks paid notice as well as redundancy pay, or is the lay-off notice the employers way of getting around the "notice" issue?

Thanks in advance

jhegarty

Unless you are been paid then it doesn't count as notice. Notice is weeks of paid work.

big b

Thanks Jh - that was quick!

No pay during the lay-off, just told on Tuesday to finish on Wednesday :mad:

So, if we're told this week or whatever that we're redundant- we're due 2 weeks notice + whatever redundancy pay on top?

I expect an argument with the employer over this - if you have a link to any official statement on same, I'd be most grateful.

big b

Just spoke to Citizens information, who in turn put me on to NERA.

They've confirmed notice period has to be paid & are posting me confirmation of same in case employer tries to avoid it.

Have to say both offices were very helpful & easy to talk to.

Just posting this in case it's any help to someone else in future.

anonymous2009

Hey there,

Sorry to hear of your situation, i've been living and breathing it for the last 2 months and unfortunately I know a good bit about the layoff process..

Your entitled to 2 weeks notice period if you've no contract or its not specified in your contract.
Your employer can decide to make you work out your notice or if not must pay you in lieu.
You are ALSO entitled to 2 weeks pay for every year of service as a redundancy lump sum if you have been employed for over 2 years, plus a bonus week.

The redundancy lump sump is capped to a maximum of 600 euro a week unless of course your company can afford to pay you what you were really due (if being liquidated this usually isn't possible).

Your also entitled to any accrued wages / salary and holiday pay which you are due.

All in all this adds up to a decent enough amount which should keep you going for a month or two..

I would sign for jobseekers benefit immediately as it works from the day you register REGARDLESS of having all the correct documentation etc.

There is a backlog at the moment, i've been waiting 2 weeks although I hear some people having to wait over 2 months. They will pay you everything your owed but you may find yourself with cashflow issues which is why its important to sign on straight away. One of the questions on the form is "How long did you wait to sign on" and "why did you wait until now to register"

You can also get payments called supplementary payments from your local health centre which will give you welfare payments quicker - these are deducted from your welfare backpayment when you get it.
See http://www.citizensinformation.ie/categories/social-welfare/social-welfare-payments/supplementary-welfare-schemes/supplementary_welfare_allow

If your company is going into liquidation, all I can say is god help you! Its very very messy but I can probably advise you if you PM me..

Hang in there, if this is the lowest point it can only get better