3 month notice period.

S

stanlee

Guest
hello,
I would like your opinion on this.
I started a job this year where I signed a contract that both I and the employer would give 3 months notice.
a- If I find a new job now and give 1 month's notice, what is the legal position?

b- When i got this job originally, it was never mentioned at the interview that I would need to give 3 month's notice. I was told that I was accepted for the post and should hand in my notice and the contract would be sent in the post. so I handed in my notice and 2 days later I received the contract. that was the first time that I saw that 3 months notice was required. I signed the contract as there was no turning back at that stage, because my then employer knew that I wanted to leave. So knowing this information, would I be in my rights to give the normal 1 months notice period?

Thanks,
Stan.
 
If you don't give 3 months, the company can take a case to the Labour Court. The court will make a judgement in favour of them as you will have breached your contractual obligations. This will cost you nothing. You will not even have to appear in court. Therefore there is nothing to be gained in the company doing this - which is why it is unheard of. They may kick and scream about it but a referral of the case to the Labour Court is the only thing they can do - unless of course they chain you to the desk;)

The only thing you have to consider is whether or not you want to risk any goodwill you have built up with the company and whether or not you may want to rely on them for a reference in the future.
 
Hi,

I worked for a company that required a 3 month notice period. Before I signed the contract I queried it and was told that it was standard for the company and there was nothing they could do. I signed the contract and worked for the company for over a year. When I handed in my notice, I discussed my notice period with my manager and we agreed on 2 months. This was how it worked in practice - each employee leaving discussed the notice period with their manager and generally the manager allowed them to finish up as soon as was feasible.

If you know anyone working in the company already, ask them about what actually happens.

Triona
 
Can anyone advise re handing in notice, what should you do, ie present employer with written notice? If so, what should it say?
 
When I have handed in my notice, I talked to my direct supervisor/manager and then they asked me to write a letter for HR. Bascially it just needs to state your name, job title, your intention to leave, effective from date and the date of your last working day with the company.
 
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