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Not working notice period

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  • Registered Users Posts: 271 ✭✭2 fast


    Dav010 wrote: »
    Again that depends on the terms of the employee contract, there is a difference between statutory minimum and contractual agreement.

    Not if your there less than a year like the OP. I've been in this position.


  • Registered Users Posts: 271 ✭✭2 fast


    Torres999 wrote: »
    Hi there

    I have a 3 month notice period and was unable to negotiate this down with my employer. I have been treated badly so I don’t really have any loyalty to them and have only worked there for 10 months.

    Can I just leave after 2 months instead of 3? What are the chances that I would be sued? My boss is a psychopath so could just sue me for the sake of

    Course you can, they may get you to nit tell anyone and you will leave with not getting to say bye and no reference. If you're very worried just go sick.


  • Registered Users Posts: 14,570 ✭✭✭✭Dav010


    2 fast wrote: »
    Not if your there less than a year like the OP. I've been in this position.

    Again what you are referring to is statutory minimum notice periods rather than a notice period agreed in your contract of employment. If there is no reference to a longer notice period in your contract, the statutory minimum applies, but a contract can have a longer period.

    This is a pretty good synopsis.

    https://www.peninsulagrouplimited.com/ie/guides/employee-notice-period/


    I do agree with you though, unless a reference is needed, the op should just give reasonable notice and go. Even if the employer is a bit nuts, he/she would know enough that it would be pointless suing over this.


  • Registered Users Posts: 822 ✭✭✭lapua20grain


    What happens when there’s 3 months in the contract and you’ve a company car?

    I never take a company car when negotiating a contract I ask for a car allowance it means that you aren't hit with BIK and if decide to leave you still have your car, the allowance covers any insurance, repairs and maintenance.


  • Registered Users Posts: 271 ✭✭2 fast


    Dav010 wrote: »
    Again what you are referring to is statutory minimum notice periods rather than a notice period agreed in your contract of employment. If there is no reference to a longer notice period in your contract, the statutory minimum applies, but a contract can have a longer period.

    This is a pretty good synopsis.

    https://www.peninsulagrouplimited.com/ie/guides/employee-notice-period/


    I do agree with you though, unless a reference is needed, the op should just give reasonable notice and go. Even if the employer is a bit nuts, he/she would know enough that it would be pointless suing over this.

    I had all of this and was brought into an office after 8months and told I was being let go with no notice. I rang for legal advice on the issue and was told because I wasn't there for more than 12monthe I legally had no standing regardless of my contract and they were entitled to let me go regardless.
    Hopefully things have changed and they can't do this anymore.


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  • Registered Users Posts: 14,570 ✭✭✭✭Dav010


    2 fast wrote: »
    I had all of this and was brought into an office after 8months and told I was being let go with no notice. I rang for legal advice on the issue and was told because I wasn't there for more than 12monthe I legally had no standing regardless of my contract and they were entitled to let me go regardless.
    Hopefully things have changed and they can't do this anymore.

    They can let you go as in most cases you don’t have the protection of the UDA until you have 12 months of service, but they still would have had to give you statutory notice (1 week as you were there over 13 weeks) , plus payment enlieu of whatever additional notice that was agreed in your contract.


  • Registered Users Posts: 21,668 ✭✭✭✭Tell me how


    I fully expect them to give no more than a week so I won’t feel anything except indifference.

    You should tell your next employer there is no need for any contract if you are so indifferent to the content.

    For the OP, it sounds like you haven't handed in your notice yet. I would suggest giving a notice date that works for you, and asking them to acknowledge this. They will unlikely ask you to change it.


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