If you have taken the decision to leave your current job, then you are required by law to inform your employer. This is what’s known as giving notice period, the length of which can vary depending on your contract of employment.
How much notice should I give my job?
In general, the contract of employment that you signed upon accepting the job will detail how much notice you are required to give before leaving. Depending on the circumstances, you may wish speak to your employer about alternative arrangements for the adjustment of your notice period.
My contract doesn’t say anything about a notice period
If your contract of employment does not state a specific notice period, then you must abide by the statutory minimum notice period. In Ireland, the statutory minimum notice period is one week if you have been working for your current employer between 13 weeks to 2 years, as set out in Section 6 of the Minimum Notice and Terms of Employment Act 1973.
After 2 years, the minimum notice period will increase depending on your length of tenure with the job.
Are there any exemptions to the minimum notice period?
There are two points that would exempt you under Irish law from giving notice to your employer:
– If you have been working in your current job for less than 13 weeks
– Or if there is no stipulated notice period outlined in the contract of employment
Once I have handed in my notice, do I have to continue working?
Once you have signed a contract of employment when accepting a new position, you are legally obligated to fulfill its terms in relation to working the full length of your notice period.
Should you fail to adhere to these terms, you may be liable for a breach of contact for which your company may decide to sue. While a business may claim damages as a result of trying to replace you at such short notice, however, it is rare for them to pursue such action as it would be difficult to prove.
Regardless of any legal ramifications, it is advisable to work the entire length of your notice period in order to leave the business gracefully and on good terms with your co-workers/employer.
Can my employer decide to end my employment without giving me notice?
Your employer cannot determine to end your employment in a business without giving you notice, other than in the following three circumstances:
– You have been employed for less than 13 weeks
– You are guilty of gross misconduct at the job
– You have agreed to waive your right of notice
Waiving your right to notice means that you and your employer have mutually agreed that you can leave your job without working to the end of your notice period. Your employer may offer to pay you in lieu of giving you notice during that period, as covered under in Section 7 of the Minimum Notice and Terms of Employment Act 1973.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.*
