Resigning while on probation

Jamjars

Hi,

I was lucky enough to start a new job 3 weeks ago after my previous company went bust, however the position is not what it was made out to be and I am actively seeking a new job again. I am on probation for 3 months during which time I can be let go with 1 weeks notice, but have a 3 month notice period on the contract I signed, does the probation period stated on the contract work both ways i.e. I only have to give 1 weeks notice to them during the first 3 months?

Nody

No, there can be differences in the notice period that either party has to give. Having said that 3 months notice sounds excessive unless it is a relatively senior position and/or it is for competative companies only.

Jamjars

It is a senior position but I have been sold a pup.

Nody

Well I can't answer where you stand in regards to oversold position with resignation; that would most likely require legal (i.e. solicitor) help to answer if you have grounds to go early.

mickoneill30

Maybe contact NERA.
From their website website.
http://www.employmentrights.ie/en/informationforemployers/minimumnotice/

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.

It doesn't say anything about notice periods less than 13 weeks though.

Nody

mickoneill30 wrote: »

Maybe contact NERA.
From their website website.
http://www.employmentrights.ie/en/informationforemployers/minimumnotice/

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.

It doesn't say anything about notice periods less than 13 weeks though.

The bolded part over rules it as it only is for minimum legal notice if nothing is specified.

gandalf

3 months is an excessive amount of time for notice. When you say you have been sold a pup is the job different from what the contract states. If that is the case then you could barter your way out of the notice.

Is it a competitive business you and they are in? Have you talked to other companies about jobs and asked their attitude towards waiting the notice period. If you are good then some companies will be prepared to wait. Plus the present employer may be worried and put you on Gardening leave for some or all of the notice period.

pickarooney

What exactly does it say on the contract? I can't see how you could be expected to serve lengthy notice on a job you've just started and if you're up front about not being keen on the job they're unlikely to pressure a new, unhappy hire into staying.