When it's time to leave
How much notice am I entitled to receive as an employee in Ireland?
That depends on how long you have spent in your current job. The Minimum Notice and Terms of Employment Acts 1973 – 2005 set out your minimum entitlements to notice.
Duration of employment
13 weeks to 2 years
2 years to 5 years
5 years to 10 years
10 years to 15 years
15 years or more
These are minimum notice periods. You must be in your current employment for at least 13 weeks. Your employer can offer you longer periods in your contract of employment, but cannot enforce less notice requirement. If your terms of employment contain shorter periods then they are invalid and cannot be enforced.
The acts clearly state that any provision for shorter periods of notice is invalid.
Can I waive my right to notice?
Yes. Section 7 of the Minimum Notice and Terms of Employment Act 1973 give you the right to waive your right to notice.
Where the employer and employee agree, payment in lieu of notice can also be made.
In effect you receive the equivalent of your wages for the time period of notice which was due to you. This payment may be regarded as compensation for losing your job, and as such it will not be taxed, unless it is specifically mentioned in your contract of employment.
You would be considered as being unemployed and available for work. This means that you would be entitled to apply for the various provisions available for the unemployed.
How much notice must I give my employer, if I decide to leave?
In a situation where an employee wishes to leave, perhaps to a better job, under section 6 of the Minimum Notice and Terms of Employment Act 1973, the employer is entitled to recieve at least one week's notice from an employee who has been in its continuous employment for thirteen weeks or more.
You should check your contract of employment. It may stipulate a longer period.
You are entitled to be paid for work you have done. This is not affected by the fact that you have been given notice of termination of employment.
Your employer should pay you all wages which you have earned, together with any holiday pay entitlements. Your holiday pay is for holidays due to you, which have not been taken.
If your employment ceases during a week ending on the day before a public holiday, you are entitled to get paid for that additional day, provided you have worked for the previous four weeks in that employment.
See related article, Losing your job here
What should I do if there is a dispute?
If a dispute arises about notice or pay then you can refer the matter to Workplace Relations Commission. You must do so within six months of the dispute arising.
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