Notice Periods
One question that comes up time and time again is how much notice an employee has to give their employer when leaving the employment. The answer is quite simple, one week or whatever it states in the contract of employment.
There is no obligation for an employee to give any more than one week’s notice of their intention to leave a position so employers who don’t have a different period of notice specified in the contract/written terms and conditions of employment could find themselves short staffed at short notice.
There is an assumption amongst many, that the Minimum Notice and Terms of Employment Acts 1973 to 2001 dictate the length of notice, but it is important to remember that this only applies to employers giving notice to their employee. The regulations in this case are as follows:
• Length of Service from 13 weeks to less than 2 years: 1 week’s notice required.
• Length of service from 2 years to less than 5 years: 2 weeks’ notice required.
• Length of service from 5 years to less than 10 years: 4 weeks’ notice required.
• Length of service from 10 years to less than 15 years: 6 weeks’ notice required.
• Length of service of more than 15 years: 8 weeks’ notice required.
The contract of employment may specify a notice period that is different to what is set out in the regulations above. In that situation, the rule is that whichever is the longer is applicable. For example the contract may specify 4 weeks’ notice but if the employee has 10 years’ service the employer is obliged to give him/her 6 weeks’ notice in accordance with the Act. If however, the employee has 2 years’ service, then the length of notice will be 4 weeks as set out in the contract.
Bright Contracts – Employment contracts and handbooks
BrightPay – Payroll Software
