Is it one week's notice if you're paid weekly?

delgirl

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Is an employee within his rights to tender one week's notice if he is paid weekly, even though the contract of employment states 4 weeks?

I found the following on DETE, but just want to be sure:

"6. Employer's Right to Notice

An employer is entitled to at least one week's notice from an employee who has been employed by the employer for 13 weeks or more and who proposes to give up his/her job."

Thanks
 
I don't think so - if the mutually agreed contract states 4 weeks then 4 weeks it is unless you can come to an alternative arrangement at the discretion of the employer.
 
You're right ClubMan - after more digging, found this on the DETE site:

"If you have been in continuous employment for at least 13 weeks, you will be obliged to provide your employer with one week’s notice of termination of employment. However, if you have agreed in a contract to give a greater amount of notice, you will go by the amount specified in the contract."

Thanks.
 
I would also imagine that the present employer could use words unreasonable, unreliable, not to committed to the job and likely to leave you in the lurch, when another future potential employer makes contact to check references.
 
under the Minimum Notice and terms of Employment Act - Its one weeks statutory notice an employee must give, however, my understanding is there is no redress if an employee doesnt give any notice.

If its states more in a contract this is a separate issue and is not enforceable under employment law but under law of contract and thru' the courts. I doubt the average employer would persue an employee who doesnt work their contractual notice as this would cost more than its worth!
 
I've heard from various people over the years that if you're paid weekly, you only have to give one week's notice.

According to the DETE site, that's not the case - whether or not the employer will take the matter further, as you've suggested Snork Maiden, I'm not sure.

I'm asking on behalf of someone who is currently very stressed in his place of work. Working 12 to 15 hours a day, with sometimes no days off in the week i.e working 12 to 14 days straight without a day off, and constantly being given extra duties and responsibilities.

His superiors seem hell bent on forcing him out - they have made numerous references in the past to his salary level and the latest comment was that 'he had become too Irish' (he's not Irish) when he tried to defend himself and say that he was unable to take on any extra work as he was already well over the limit.

He's at breaking point, which is obviously their aim, and could not bear to work the 4 weeks notice, as outlined in his contract of employment, and just wants to know if he can safely leave with one week's notice without any comeback.

He has an exemplary record of past employment with excellent references, but due to a recent take-over of his place of employment, it appears that the new management want to bring in someone from 'their own team' to take his position.
 
He's at breaking point, which is obviously their aim, and could not bear to work the 4 weeks notice, as outlined in his contract of employment, and just wants to know if he can safely leave with one week's notice without any comeback.

He could always hire some kind of solicitor if he thinks he has a strong case.
I know it'd be pricely but if it gets hime 3 weeks of rest it may be worth it, it sounds to me like 3 weeks rest are desperately needed.:(
 
His superiors seem hell bent on forcing him out -

If it was me and the quote above is the case and if he's having such a miserable time (and assuming he doesnt want to persue it further) then I would only give the statutory notice (i.e. one week) and stipulate same on the letter of resignation.

If they want him 'out' and he wants out then they are not going to insist on the extra contractual notice. Even if they do try to insist I would call their bluff and stick to the one week statutory notice.
 
He's at breaking point, which is obviously their aim, and could not bear to work the 4 weeks notice
Not sure what you mean by breaking point but if this relates to a medical/psychiatric condition (e.g. stress, depression, burnout etc.) then his GP should be able to certify him for time off on medical grounds.
 
I'm asking on behalf of someone who is currently very stressed in his place of work. Working 12 to 15 hours a day, with sometimes no days off in the week i.e working 12 to 14 days straight without a day off, and constantly being given extra duties and responsibilities.
Then his employers are breaking the law as he is working more than 48 hours a week over a long period of time and is not getting rest periods.


His superiors seem hell bent on forcing him out - they have made numerous references in the past to his salary level and the latest comment was that 'he had become too Irish' (he's not Irish) when he tried to defend himself and say that he was unable to take on any extra work as he was already well over the limit.
If this is the case he has a strong case for constructive dismissal. He may wish to get advice from a solicitor.
 
Stress Related Illness is becoming a big problem is the Irish workplace, tell him to go to his doctor, and get some time off. Working hours directive is 48 hrs a week over a period of time (3 Months), sounds like he is breaking this directive , not fully enforced in Ireland though.

some employers are getting away with murder at present, he should contact his local FLAC office , they will give him legal advice on harrassment in the workplace.

http://www.flac.ie
 
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