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Temporary lay off

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  • 29-05-2013 9:11am
    #1
    kristian12
    Registered Users Posts: 361 ✭✭


    I was told at 4.30 last night that i and the rest of the workforce is being temporary laid off as from friday with no return start date just a we hope to have work in the future for you statement. I have been there 8yrs. We are paid monthly and this will be our payday. Should we have been given more notice? And where do i go from here. Haven't been out of work since 1986 so its a bit of a shock to the system :eek:


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    #2
    seanmacc
    Closed Accounts Posts: 771 ✭✭✭seanmacc


    We're you given "Protective Notice"?


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    #3
    kristian12
    Registered Users Posts: 361 ✭✭kristian12


    Sorry but whats protective notice? I was just given a letter yesterday saying no work so laying you off basically. Not a word said to us before and they had us working overtime up until 2 weeks ago.


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    #4
    seanmacc
    Closed Accounts Posts: 771 ✭✭✭seanmacc


    kristian12 wrote: »
    Sorry but whats protective notice? I was just given a letter yesterday saying no work so laying you off basically. Not a word said to us before and they had us working overtime up until 2 weeks ago.

    Protective Notice is when the company (generally one in trouble) gives you notice that your job may get the chop if a certain series of circumstances happen. I was put on protective notice a few years ago due to another area of the company threatening industrial action. When they went on strike we were given letters immediatley telling us that we're laid off.

    If no protective notice was issued you may have recourse with the company. That is depeding on your contract or conditions. Not sure though.


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    #5
    kristian12
    Registered Users Posts: 361 ✭✭kristian12


    Ok thanks, no no notice was given until yesterday. I'd rather take redundancy but apparantly thats not an option until 13 weeks? At least then i'd know where i stood.


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    #6
    seanmacc
    Closed Accounts Posts: 771 ✭✭✭seanmacc


    kristian12 wrote: »
    Ok thanks, no no notice was given until yesterday. I'd rather take redundancy but apparantly thats not an option until 13 weeks? At least then i'd know where i stood.

    Found this
    I was only given a weeks notice of redundancy, is this legal? -

    Under the Minimum Notice and Terms of Employment Acts 1973 to 2001, there is an increasing scale of entitlement to notice of redundancy linked to your length of service (which has to be 2 years or more). The notice periods are as follows:
    Length of Service Minimum Notice
    • 2 years to less than 5 years 2 weeks
    • 5 years to less than 10 years 4 weeks
    • 10 years to less than 15 years 6 weeks
    • More than 15 years 8 weeks
    Therefore if your service is 2 years or more, you are entitled to at least 2 weeks notice. Please note you must have 2 years service with your employer to be entitled to statutory redundancy.
    In the case that you have less than 2 years service, you should consult with your trade union for negotiated provisions.

    Scource: http://www.unionconnect.ie/rights/9/


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    #7
    kristian12
    Registered Users Posts: 361 ✭✭kristian12


    Thanks Sean thats very useful.


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    #8
    Mrs OBumble
    Registered Users Posts: 25,967 ✭✭✭✭Mrs OBumble


    In the very short term, you need to go to your local Welfare office, take your letter with you, and ask them

    1) what you may be entitled to
    2) what other paperwork they need from you so you can claim.

    Also take other paperwork that they may want: birth certificate, passport, your most recent P45, your last payslip, proof of address (eg power-bill, phone bill, anythign official with your name and address on it).


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    #9
    tatli_lokma
    Registered Users Posts: 3,332 ✭✭✭tatli_lokma


    seanmacc wrote: »
    Found this



    Scource: http://www.unionconnect.ie/rights/9/

    OP has not yet been made redundant, so the notice outlined above doesn't apply yet. This only comes into effect if the temporary lay off ends in redundancy. It appears that there is no minimum notice period required for temporary lay off, although there may be a more definitive answer to this elsewhere.

    http://www.citizensinformation.ie/en/employment/unemployment_and_redundancy/redundancy/lay_off_short_time_working_and_redundancy.html

    OP there are situations where your employers needs your agreement to temporary measures - if you do not agree they can make you redundant sooner, which might actually suit you better.

    My advice is to contact Workplace relations (formerly NERA) and confirm your rights re: notice period. But from what I can see on citizens information there is no notice period specified for temp lay off, only for redundancy.

    Good luck, hopefully it will only be a temporary measure.


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