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F. FAQs

Take a look at our list of Frequently Asked Questions (FAQ’s) which our team have complied by using their knowledge regarding Notice. They cover a range of questions that regularly appear via the Adare Human Resource Management HR Helpdesk.

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What notice are Employees entitled to on termination of employment?

The Minimum Notice and Term of Employment Acts 1973 to 2005 outlines the minimum periods of notice to be given by Employers and Employees when terminating contracts of employment. The amount of notice due to an Employee varies according to his/her length of service:

Length of Service               Entitlement

13 weeks to two years           1 week

Two years to five years          2 weeks

Five years to ten years           4 weeks

Ten years to fifteen years        6 weeks

Fifteen years or more             8 weeks

Notice must be given directly to the Employee concerned.

Under the minimum notice act an Employer is only entitled to one's weeks notice from an Employee.

The contract of employment may provide for a period of notice longer than that applying under the Minimum Notice Acts. If that is the case, the greater contractual period of notice prevails over the lesser statutory one in respect of both parties. In summary, it is the longer period of notice due to the Employee - be it contractual or statutory, is binding.

Is an employee entitled to notice where he or she has been constructively dismissed?
An Employee who is constructively dismissed is not entitled to notice or payment in lieu of notice as the Employee, and not the Employer, ended the contract of employment.
Which act applies to notice?

The Minimum Notice and Terms of Employment Acts 1973 - 2005 applies to notice. This Act requires that a minimum period of notice be given by Employers and Employees prior to the termination of a contract of employment.

The Acts however do not however, prevent an Employer or Employee from waving his/her right to notice or accepting payment in lieu of notice.

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