Understanding Your Rights When Changing Jobs in Ireland
Leaving a job in Ireland involves a set of procedures and rights that every employee should know. Here’s a simplified guide to help you navigate through this transition.
Notice and Notice Period: Before leaving your job, you need to provide notice to your employer. The notice period, as stated in your employment contract, determines how long you’ll continue working before leaving. If your contract doesn’t specify a notice period, Irish law mandates at least one week’s notice.
Working Less Than 13 Weeks: If you’ve worked for less than 13 weeks and there’s no notice period in your contract, you’re not obliged to give notice before changing jobs.
Leaving Before Notice Expires: While a notice period is typically required, with your employer’s permission, you can leave before it expires. In some cases, you may receive payment for the remainder of the day.
Annual Leave Entitlements: If you have remaining annual leave, your employer must compensate you for those days. However, arrangements regarding annual leave during the notice period may vary and should be agreed upon with your employer.
Withdrawing a Termination Notice: Once notice is given, it can only be withdrawn after discussion and resolution with your employer.
Requesting References: When applying for a new job, you can request references from your current or previous employers. A reference typically includes your duration of employment, job responsibilities, attendance records, job performance, and suitability for the role.
Right to Reference: While there’s no specific law mandating the provision of references, some contracts may include this right. Employers should provide references fairly and equally to all employees without discrimination.
False Information in References: References must be honest, fair, clear, and not misleading. If you believe an employer has provided an unfair or untrue reference, you can bring a claim against them under the Defamation Act 2009.
Access to References: Under the General Data Protection Regulation (GDPR), individuals have the right to access all personal information, including references. However, information received may not be strictly confidential.
Dispute Resolution: Disputes related to employment can be resolved through the Workplace Relations Commission (WRC).
Contact WRC: Work Place Relations Commission O’Brien Road, Carlow, R93 E920 Opening Hours: Mon. to Fri. 9.30am to 1pm, 2pm to 5pm Tel: (059) 917 8990 Local: 0818 80 80 90 Homepage: Workplace Relations Commission Website
Author: Adv. Jithin Ram Louis Kennedy Solicitors Email: info@louiskennedysolicitors.ie Credit: Adv. Jaya Tharayil, Louis Kennedy Solicitors