fixed term contract and probation

sorifinh

Hi all,

Does anyone know if probation can last the duration of a fixed term contract? My contract is for 11 months as is my probationary period.

I am asking this on the basis that I am looking to see if I can break my contract with them should I get a new job. My contract states I must give a month's notice which I believe is hindering my search for a new job and going forward I want to put that I only need to give one week's notice.

I have had many years work under my belt but have never experienced a more poisonous atmosphere where there is a complete lack of people management skills, hence my search for a new job where I shall be applying to jobs from sh** shoveling up.

Thanks in advance for any advice.

cabledude

How long have you left on the contract?

sorifinh

cabledude wrote: »

How long have you left on the contract?

I have approximately 5 and a half months left.

cabledude

Also, under current law, probation can last for up to 12 months.

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

cabledude

Unless they are complete rear end wipes, they should grant you blessing to leave. Depends what level you are at in the organisation also.

Why did they put a 1 month notice clause into your contract? Do they expect you to train a replacement within this month should you give notice?

Why did you sign said contract with such a clause in it?

sorifinh

cabledude wrote: »

Also, under current law, probation can last for up to 12 months.

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

I know, I was hoping someone could point me in the direction of a clause of some sort.

What are the consequences of breaking a contract like that? I'm going to put that I only need one week to help my chances. I cannot continue to go into work shaking, anxious and afraid.

sorifinh

cabledude wrote: »

Unless they are complete rear end wipes, they should grant you blessing to leave. Depends what level you are at in the organisation also.

Why did they put a 1 month notice clause into your contract? Do they expect you to train a replacement within this month should you give notice?

Why did you sign said contract with such a clause in it?

I'm in a management role, albeit at a very low level. It took them 4 months to hire me from the time of advertising the job where I had to do 3 interviews. I doubt given the length of time it took them to hire me that they would expect to find someone else and train them in.


At the time I was given the contract I questioned the length of probation with them but was told it was standard in all of their contracts. As for the notice, I didn't think it was appropriate to question the length of notice given that I was only starting out in the job. I should have done in hindsight.

Could I say they broke the terms of my contract which is for 37.5 hours per week when I was pressured to work 9 days in a row with no statutory 24 hour rest break in a 7 day period?

Diziet

Maybe you are worrying unnecessarily. As you do not like your current job, it is better to focus your efforts on finding a new one and don't stress about the notice period. I am not sure why the notice period is hampering your job search, have had yo turn jobs down?
There are 2 reasons why the notice period is not a very big deal:
1- lots of jobs have a 1 month notice, it is not unusual. Management grades, even low ones, are invariably 1 moth notice, so any new employer will not worry about the month. If you have holidays, you can use them to shorten the notice.
2- in practice, no employer wants a disgruntled about-to-be-ex employee hanging around for long, so if you are offered a new job and want to go early, go in and talk to your current employer. Make the handover easy, be professional in your approach and you should be fine. Even if you walk out, you are looking at a poor reference at worst, they are not going to lock the doors. But it is better not to burn your bridges.

sorifinh

I am applying for a job that has asked the question regarding notice. The job I'm applying for is non management, like I said, I'm going for shoveling and working upwards. I don't want the month thing getting in the way.

I spoke to an agency recently and they said if my contract said a month it had to be a month and so lost the opportunity to go for interview for another job.

I wanted to not lie on the grounds that my contract was broken and so I could say one week and for it to be truthful. I'm going to lie... I shall stress no more and get on with the applications as they arise!

Diziet

sorifinh wrote: »

I spoke to an agency recently and they said if my contract said a month it had to be a month and so lost the opportunity to go for interview for another job.

That sounds a little strange, unless the company at the other end wanted someone to walk in right now. Most jobs at a reasonable level, even non management, say a month and the vast majority of employers would not bat an eyelid at a month's notice before you start working for them. I would take what agencies say with a large pinch of salt. They have a business to run, and their interests do not always coincide with yours.

Just keep looking. Saying they broke your contract is a non starter; always leave a job on good terms. This was advice given to me at the start of my career and it proved itself to be very valuable, again and again. Most jobs I got have come through recommendation, and recommendation comes through networking, even from jobs where I was not a happy bunny.

tatli_lokma

Do you have any annual leave due to you? if so, then if handled correctly with your current employer, you may be able to negotiate a shorter notice period by using your AL in lieu of notice.

With this in mind, when applying for roles rather than say '1 month notice' say something like '1 month notice, however I have annual leave due to me and I am confident that I can negotiate an earlier release date'.