# Notice Period



## Sunshine2011 (15 Aug 2011)

Hi - I started working for an employer 9 weeks ago, and my contract stated that my notice period for resignation is 3 months, but to date I haven't received my written contract - so I haven't signed anything ! 

I subsquently got offered a job last week which is a very good position that I am seriously considering.. but I don't know were I stand with my existing employer... Am I obliged to give 3 months notice, or can I negotiate 1 months or do I have to comply with a verbal contract... 

I want to handle this well as the employer is a good guy.. any thoughts


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## foxylady (15 Aug 2011)

Sunshine2011 said:


> Hi - I started working for an employer 9 weeks ago, and my contract stated that my notice period for resignation is 3 months, but to date I haven't received my written contract - so I haven't signed anything !
> 
> I subsquently got offered a job last week which is a very good position that I am seriously considering.. but I don't know were I stand with my existing employer... Am I obliged to give 3 months notice, or can I negotiate 1 months or do I have to comply with a verbal contract...
> 
> I want to handle this well as the employer is a good guy.. any thoughts


 

This was on Nera's website

Employees who have been in continuous employment for at least 13 weeks are obliged to provide their employer with one week’s notice of termination of employment. If a greater amount of notice is specified in the employee’s contract of employment, then this notice must be given.


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## Sunshine2011 (15 Aug 2011)

Thanks for that foxylady.. 

So do you think that because a greater amount of notice ie 3 months is part of my contract, (even if I haven't signed it), thats means that I'll have to offer 3 months resignation, or do you think that because I'm not employed past 13 weeks then I have no obligation ?

Thanks..


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## foxylady (15 Aug 2011)

Sunshine2011 said:


> Thanks for that foxylady..
> 
> So do you think that because a greater amount of notice ie 3 months is part of my contract, (even if I haven't signed it), thats means that I'll have to offer 3 months resignation, or do you think that because I'm not employed past 13 weeks then I have no obligation ?
> 
> Thanks..


 
I cant see how you would have to give 3months notice anyway thats for sure, but maybe a week out of courtesy. Check with Nerea just to be sure, here is the website
[broken link removed]


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## Sunny (15 Aug 2011)

Instead of looking at legalities and contract law, why not talk to your boss, explain the situation and see if you can to some sort of compromise? To be fair to your employer, you are probably leaving him in a hole if you are leaving after only 9 weeks. Most new employers would accept that you have to work a month's notice at least so maybe offer that and see where it goes. Most employers won't enforce a 3mth period because of the costs involved but as you say, you want to do the right thing.

Also, just noticed that you might want to move the thread down to the work and career forum rather than unemployment and social welfare


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## d2x2 (15 Aug 2011)

During a trial period usually the notice terms are usually much shorter... but you'd need a contract to know that for sure or employee handbook.


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