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6 month probation, want to leave

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  • 11-09-2012 10:05am
    #1
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭


    I'm working in a place 3 months now, on a 6 month probation period. I hate it and I hate my bitchy manager. I've been offered a position with another company and they cannot wait one month for me, they need someone to start immediately

    I really have to get out of this place before I crack up, I've been on the verge of walking out, the manager is an absolute rude, ignorant bitch.

    Even though it says 1 month notice on my contract, what happens if I just give one week notice? I really have to get out of here. Ive to let the other company know today if I am going to accept the job or not.


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    #2
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    workdilemma wrote: »
    I'm working in a place 3 months now, on a 6 month probation period. I hate it and I hate my bitchy manager. I've been offered a position with another company and they cannot wait one month for me, they need someone to start immediately

    I really have to get out of this place before I crack up, I've been on the verge of walking out, the manager is an absolute rude, ignorant bitch.

    Even though it says 1 month notice on my contract, what happens if I just give one week notice? I really have to get out of here. Ive to let the other company know today if I am going to accept the job or not.

    As I always say its very shoddy and poor reflection of the company you are going to that they are not making allowances for people to work notice. That said I'm a great believer in 'whats good for the goose...'. What is the notice period they would give you? I suspect its a week. Approach you line manager directly explain your concerns professionally, explain it's not for you and thank them for the opportunity but you are giving a weeks notice. Chances are you'll be out the door then and there.

    One caveat you could potentially be sued for breach of contract. It's more likely that I'll be sleeping with Penelope Cruz tonight but just so its said.


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    #3
    0ph0rce0
    Registered Users Posts: 3,950 ✭✭✭0ph0rce0


    1 month notice while still on probation sounds odd.

    Usually when your on probation you only have to give 1-2 weeks notice, only when permanent is when it moves to a month.

    Maybe not the law but most companies work like that, check your contract again and make sure


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    #4
    Eoin
    Registered Users Posts: 21,257 ✭✭✭✭Eoin


    0ph0rce0 wrote: »
    1 month notice while still on probation sounds odd.

    Usually when your on probation you only have to give 1-2 weeks notice, only when permanent is when it moves to a month.

    Maybe not the law but most companies work like that, check your contract again and make sure

    Yep, it basically boils down to the contract. The minimum notice period is quite short if it's not specified.

    On the other hand, a lot of companies will be more than happy to waive the notice period of someone on probation.


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    #5
    gerryo
    Registered Users Posts: 498 ✭✭gerryo


    Eoin wrote: »
    Yep, it basically boils down to the contract. The minimum notice period is quite short if it's not specified.

    On the other hand, a lot of companies will be more than happy to waive the notice period of someone on probation.

    I think probation should be a "two way street".

    If they're not happy - they tell you, you don't get taken on permanently.
    If your not happy - you tell them, then you leave for somewhere else.

    It would be unreasonable to expect someone to remain for the
    entire duration of the probation period if they were not happy to be made


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    #6
    Eoin
    Registered Users Posts: 21,257 ✭✭✭✭Eoin


    gerryo wrote: »
    I think probation should be a "two way street".

    If they're not happy - they tell you, you don't get taken on permanently.
    If your not happy - you tell them, then you leave for somewhere else.

    It would be unreasonable to expect someone to remain for the
    entire duration of the probation period if they were not happy to be made

    That's the case now though, no?


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    #7
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    I'd be out the door in a flash.

    Just leave the job as a gap on your c.v. - pretend it never happened.

    Life is way too short to be doing these people any favours. Don't go in tomorrow, end of story.


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    #8
    the culture of deference
    Banned (with Prison Access) Posts: 2,196 ✭✭✭the culture of deference


    Just leave.

    Accept the new job. There is no probation notice period. You can leave anytime.

    Go to your top boss in your current job and tell them you cannot work anymore for your bitchy manager, explain in detail what your boss is like.


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    #9
    Eoin
    Registered Users Posts: 21,257 ✭✭✭✭Eoin


    the culture of deference wrote: »
    There is no probation notice period. You can leave anytime.

    This is incorrect. If you signed a contract that says there's a notice period, then there's a notice period.


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    #10
    Mrs OBumble
    Registered Users Posts: 25,967 ✭✭✭✭Mrs OBumble


    Procrastastudy wrote: »
    .... What is the notice period they would give you? I suspect its a week. Approach you line manager directly explain your concerns professionally, explain it's not for you and thank them for the opportunity but you are giving a weeks notice. Chances are you'll be out the door then and there.


    +1 this.

    What you need is a pragmatic solution, not a legal one - which is kinda handy 'cos the law isn't on your side this time.

    I suspect your bridges with your line manager are already burnt: if you think s/he is bitchy, s/he probably thinks similarly rude things about you. But don't burn any more bridges than you have to, Ireland is a small village and you never know when you'll meet someone again.

    Good luck in the new job.


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    #11
    stargazer 68
    Registered Users Posts: 5,128 ✭✭✭stargazer 68


    Procrastastudy wrote: »
    Approach you line manager directly explain your concerns professionally, explain it's not for you and thank them for the opportunity but you are giving a weeks notice. Chances are you'll be out the door then and there.

    One caveat you could potentially be sued for breach of contract. It's more likely that I'll be sleeping with Penelope Cruz tonight but just so its said.

    I would go with this. I very much doubt they will sue for breach of contract - hardly worth their while unless someone else knows better!


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    #12
    the culture of deference
    Banned (with Prison Access) Posts: 2,196 ✭✭✭the culture of deference


    workdilemma wrote: »

    Even though it says 1 month notice on my contract, what happens if I just give one week notice? I really have to get out of here. Ive to let the other company know today if I am going to accept the job or not.

    Do you have a written statement of terms of employment.

    The Terms of Employment (Information) Acts 1994 and 2001 provide that an employer is obliged to provide an employee with a written statement of terms of employment within the first two months of the commencement of employment. However, this requirement does not apply to an employee who has been employed for less than a month.
    The statement of terms must include the following information:
    • The full name of employer and employee
    • The address of the employer
    • The place of work
    • The title of job or nature of work
    • The date the employment started
    • If the contract is temporary, the expected duration of the contract
    • If the contract of employment is for a fixed term, the details
    • Details of rest periods and breaks as required by law
    • *The rate of pay or method of calculation of pay
    • The pay reference period for the purposes of the National Minimum Wage Act 2000
    • *Pay intervals
    • *Hours of work
    • *That the employee has the right to ask the employer for a written statement of his/her average hourly rate of pay as provided for in the National Minimum Wage Act 2000
    • *Details of paid leave
    • *Sick pay and pension (if any)
    • *Period of notice to be given by employer or employee
    • *Details of any collective agreements that may affect the employee’s terms of employment

    http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/contracts_of_employment/contract_of_employment.html


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    #13
    gerryo
    Registered Users Posts: 498 ✭✭gerryo


    Eoin wrote: »
    That's the case now though, no?

    Yes, it is (or should be).

    Sometimes it's a bit one sided if the market is not full of opportunities & you really need the position.
    Sometimes you can be made to feel bad for not deciding to stay on.

    I would imagine most people stay on even if not 100% happy until well after the probation period is over.
    Too much churn can look bad on a CV.


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    #14
    the culture of deference
    Banned (with Prison Access) Posts: 2,196 ✭✭✭the culture of deference


    Eoin wrote: »
    This is incorrect. If you signed a contract that says there's a notice period, then there's a notice period.

    Under legislation, an employer is entitled to at least one week's notice of termination from an employee who has been employed for 13 weeks or more and who proposes to give up his/her job.
    workdilemma wrote: »
    I'm working in a place 3 months now


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    #15
    Eoin
    Registered Users Posts: 21,257 ✭✭✭✭Eoin


    The law sets out minimum notice periods, not maximum ones. A longer notice period from day one can be agreed upon through the contract.


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    #16
    the culture of deference
    Banned (with Prison Access) Posts: 2,196 ✭✭✭the culture of deference


    Eoin wrote: »
    The law sets out minimum notice periods, not maximum ones. A longer notice period from day one can be agreed upon through the contract.

    There is no notice period under 13 weeks, regardless of whatever contract was signed. Also the employee must have a written contract as per my post number 12.


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    #17
    Eoin
    Registered Users Posts: 21,257 ✭✭✭✭Eoin


    the culture of deference wrote: »
    There is no notice period under 13 weeks, regardless of whatever contract was signed.

    This is incorrect. There is no statutory notice period by law. A contract can provide for a longer notice period.

    See this page:
    The minimum notice provisions of the Act are contained in section 4. These minimum notice periods apply only where the contract of employment does not itself expressly indicate longer periods. The periods, based on length of employment, are as follows:

    And this page:
    You are entitled to a statutory minimum period of notice under the Minimum Notice and Terms of Employment Act 1973 if you are dismissed from your job. The legislation covers employees who have worked for their employers for at least 13 weeks. This is the legal minimum; your contract of employment may contain provisions for a longer period of notice.


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    #18
    the culture of deference
    Banned (with Prison Access) Posts: 2,196 ✭✭✭the culture of deference


    Eoin wrote: »
    This is incorrect. There is no statutory notice period by law. A contract can provide for a longer notice period.

    :

    Only if the OP has a contract as specified in post 16


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    #19
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    JustMary wrote: »
    +1 this.

    What you need is a pragmatic solution, not a legal one - which is kinda handy 'cos the law isn't on your side this time.

    I suspect your bridges with your line manager are already burnt: if you think s/he is bitchy, s/he probably thinks similarly rude things about you. But don't burn any more bridges than you have to, Ireland is a small village and you never know when you'll meet someone again.

    Good luck in the new job.
    Thanks for the reply JustMary, but i have to disagree with you regarding bridges been already burnt. we are in a team of 10 people, and the whole team cant stand the manager, they all agree that she is rude, ignorant and a bully, so does that mean she thinks the same about her whole team?? she thinks every person in her team is rude, ignorant and a bully
    She treats us like children, clicks her fingers at us, talks down to us and is very patronising. she's in her 50's and we are all in our 20's, so maybe she feels she can treat us like school pupils. BTW, the turn over of staff in this department is a joke.


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    #20
    Wanderer2010
    Registered Users Posts: 6,740 ✭✭✭Wanderer2010


    JustMary wrote: »
    +1 this.
    But don't burn any more bridges than you have to, Ireland is a small village and you never know when you'll meet someone again.

    Good luck in the new job.

    I notice you have made this comment time and again when giving advice regarding references etc. I'm not sure if you were personally burned when moving from one job to another or what but its not that small you know. I have moved jobs 3 times in 8 years and nobody at each job knew anyone at the previous one, I mentioned my job several times with lots of people and there was never one connection, even when these workplaces are in the same city.

    Also, workmates of mine have moved on to the same industry but different factory only to find a completely new set of people and nobody had any connection with their previous jobs. Yes, some industries are tight knit and managers can know other managers etc its not always the case that you cant stay anonymous in Ireland, you shouldnt really presume otherwise.


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