Login   |  Contact us     
Skip Navigation Links
Home
News
Structure
Your Entitlements
Join DEA
Activities
Gallery
Bursary
Downloads
Links
About
Contacts
Your Entitlements

Notice Period

<< Back

  • Minimum Notice and Terms of Employment Acts, 1973-2001
  • Terms of Employment (Information) Act, 1994-2001

The Minimum Notice and Terms of Employment Acts, 1973-2001 require that a minimum period of notice be given by employers and employees prior to the termination of a contract of employment. The Terms of Employment (Information) Act, 1994 requires that written terms be given by employers to employees.

MINIMUM NOTICE & TERMS OF EMPLOYMENT ACTS, 1973-2001

Scope

The Acts apply to:

  • all employers
  • most employees who have worked for the same employer for at least 13 weeks.

The most important exclusions are:

  • members of the employer's immediate family, if living with him/her and if employed in the same house or on the same farm
  • established civil servants
  • members of the Defence Forces (except temporary staff in the Army Nursing Service)
  • members of the Garda Síochána
  • seamen signing on under the Merchant Shipping Act.

Employee's minimum notice entitlements

An employee who is able and willing to do work of a reasonable amount and nature during the notice period, is entitled to normal pay, whether or not work is available. The period of notice due to an employee varies according to the length of continuous service.

Length of service Minimum notice
   
13 weeks - 2 years 1 week
2 years - 5 years 2 weeks
5 years - 10 years 4 weeks
10 years - 15 years 6 weeks
More than 15 years 8 weeks

 

These are minimum periods and may be increased (but not reduced) by a contract of employment, in which case the longer contractual period of notice is due. Where contractual notice is less than eight weeks, care should be taken to ascertain that the employee does not have higher statutory rights than those contained in the contract. The Acts do not prevent an employee or employer from waiving their right to notice and accepting payment in lieu. All contracts should include a provision that either party will accept pay in lieu of notice.

Notice given by either the employer or the employee, which overlaps with a period of annual leave, is valid.

For More information on this act contact the General Secretary, Sean Lane, on 01-6761989