Stuck! Help!

[mmhtn]

I am currently a permanent employee. My department is too relaxed. At the time I joined, they mentioned career paths and related but I dont see myself going anywhere here. I'd like to leave the company but they have a 3 month notice period. No employer is willing to wait that long. Could averting these notice incur serious liabilities?

Is recruitment market assumed to be active beginning January next year? I am in software development with J2EE and Oracle technologies.

[philgeorge999]

A 3 month notice period?! In my opinion that is an unenforcable contract, unless you've been there for many years. Contracts that contain 'unreasonable' clauses are voidable. But you would have to argue this out in a court if your employer chose to enforce it, so you should speak to a lawyer.

Why on earth did you sign that contract?! Never sign any contract that has unreasonable terms like that!!! The norm is 4 weeks' notice up to 4 years service... and then quite often 1 week extra per year after that, up to 3 months after 12 years service.

>Is recruitment market assumed to be active beginning January next year? I
>am in software development with J2EE and Oracle technologies.

The job market usually picks up in mid February, with March, April and May being the peak hiring months. (Nov, Dec and Jan are usually dead).

[John]

A 3 month notice period?! In my opinion that is an unenforceable contract, unless you've been there for many years.

Accepting that to be the case, but isn't there another aspect to this? That is, an employer cannot be forced to give a reference to an employee who is leaving. If they do give a reference then it needs to be factually correct, but they can simply decline to give a reference ... or give something very basic such as mere confirmation that the person was employed from date to date.

That is, if someone declines to work out their notice period that might have implications for getting a reference, which might impact upon future ability to get work.

[Smit]

Notice periods in employment contracts are a commercial issue between the employer and the employee and in my opinion the 3 month notice period would be valid and enforceable.

The law does provide for minimum notice periods under S. 86. of the Employment Rights Act 1996- (1) The notice required to be given by an employer to terminate the contract of employment of a person who has been continuously employed for one month or more-

(a) is not less than one week's notice if his period of continuous employment is less than two years,
(b) is not less than one week's notice for each year of continuous employment if his period of continuous employment is two years or more but less than twelve years, and
(c) is not less than twelve weeks' notice if his period of continuous employment is twelve years or more.
(2) The notice required to be given by an employee who has been continuously employed for one month or more to terminate his contract of employment is not less than one week.

There are no prescribed maximum notice periods, only minimum notice periods.

I would advise you to negotiate an early completion with your employer and if this is not possible, give your 3 month's notice immediately if you are really serious about leaving the job. Remember, you have to respect the contract if you want the employer to respect it as well.