Employment Notice

T

toffeeman

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My contract of employment states that I must give 8 weeks notice. This seemed fine at the time of signing but circumstances have changed.

I did not receive payslips for the whole of 2008

My employer has withheld over €2000 euro of my salary that I earned last year as my tax status changed, but they didn't process it right or chose to ignore my newer tax certificate.

I was put on a 3 day week a few months without any prior written notification (I was told 2 days before) or signed consent by myself.

I am in the position now of having done a few interviews and may have a chance of a new job.

Am I still required to give my current employer 8 weeks notice if I am to leave?
 
If you signed up to 8 weeks notice, this is what you have to contractually submit your resignation 8 weeks prior to leaving. The rest of what you mention has no bearing on this clause.

In reality though, it is unlikely that if you give less notice that the company is going to challenge you; however don't expect payment for the period. The only time I have ever seen notice periods enforced is dealing with very senior managerial positions whereby they have potential to damage the organisation or bring clients with them.
 
Thanks, but considering that they have reneged on other parts of the contract, ie Annual Salary and withholding some of my salary from last year, should the contract be null & void? I doubt that I would get 8 weeks notice if the company were to close when I received 2 days notice that I was being put on a 3 day week
 
It is unlikely that if you gave, for example, 4 weeks notice that the employer would take any action on foot of this. You need to give notice as soon as you can though. If you have been put on a three day week things are tight so your employer might be delighted you're going, saves them money.
 
What kind of action can my employer take? Can he stop me from leaving? He would have some dirty laundry being exposed in relation to not paying me money from last year, although I have paid tax on that sum and also the non issuance of payslips
 
If you didn't get payslips are you sure that tax and PRSI was correctly withheld from you? Did you get your P60 for the end of year? You should submit a tax return and if as you say, a tax credit certificate was not used or ignored, then you'd still get the tax back - if it is due to you. Are you sure the employer did receive the tax certificate? Maybe the employer was not in a position to pay you the extra 2k he would have been up for if he had processed the tax credit cert. I think if an employer can plead unable to pay, he doesn't have to refund you the excess. This doesn't let him off the hook for not issuing payslips though - you are entitled to them by law.
 
toffeeman, the notice clause in you contract refers only to notice that you need to give your employer when leaving, not what notice thay have to give you unless expressly stated. This type of notice is length of service dependent. Anyhow, as outlined above, hand in whatever notice you need to give. It is unlikely they will object.
 
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