Notice period - how do you read this?

[Alan_B]

What is everyone’s interpretation of this - I am in my position less than 6 months, still in probation, so I am reading it I am not obliged to give 3 months -

Thoughts?

[StuTheGrouch]

That reads to me that they can get rid of you with a weeks notice but you're bound to the first clause (3 months)

[Alan_B]

Crap that’s what I was afraid of.

Is it relevant that I signed this before my employer? Meaning I don’t have a copy they signed, likely they have never signed it to be honest.

Not that I want to go balls deep with them, want it to be amicable but I really need out before 3 months.

[Scrump]

I read that as you can give a weeks notice during probation.

[Doofus]

Scrump said:

I read that as you can give a weeks notice during probation.

This.

[dundarach]

StuTheGrouch said:

That reads to me that they can get rid of you with a weeks notice but you're bound to the first clause (3 months)

That's how I read it.

Why and will they hold you to it, or do you need 3 months?

What you done?

[Jamescrs]

I read it as per Stu's post that you have to give 3 months notice at any time but in the first 6 months probationary period they can dismiss you with 1 weeks notice but it's a one way condition in their favour

[StuTheGrouch]

I might be completely wrong (I hope I am). If you need to leave sooner than 3 months then you should have that discussion with them, they might negotiate and allow you to leave when you need to. Or, hand in your weeks notice and see what they say....

[StuTheGrouch]

Jamescrs said:

I read it as per Stu's post that you have to give 3 months notice at any time but in the first 6 months probationary period they can dismiss you with 1 weeks notice but it's a one way condition in their favour

Glad I'm not the only one reading it that way. In my contract it says something to the effect of "Employment can be terminated by either party giving X months notice".

[CarCrazyDad]

It's not very clear in my opinion, I would take that as 1 week notice during probation period either way and then 3 months after probation, probably best to clarify with the company

But I've not heard of any company making you give them 3 months notice in probation period, so logically that's what makes sense

[Alan_B]

I’m happy to give a month or even 6 weeks, so will approach it in that way and point out that I am still in probation and they should probably be fine with it. Unlikely they even know what’s in there.

[Doofus]

Jamescrs said:

I read it as per Stu's post that you have to give 3 months notice at any time but in the first 6 months probationary period they can dismiss you with 1 weeks notice but it's a one way condition in their favour

It doesn't say that. It says during probation, notice is one week. It doesn't say it's one-sided

[wiggy001]

Doofus said:

Jamescrs said:

I read it as per Stu's post that you have to give 3 months notice at any time but in the first 6 months probationary period they can dismiss you with 1 weeks notice but it's a one way condition in their favour

It doesn't say that. It says during probation, notice is one week. It doesn't say it's one-sided

That’s not what it says at all. It say that during probation your employment can be terminated at any time with 1 week’s notice. That’s the company terminating the employee’s employment.

Badly worded I agree but nobody should ever agree to such one sided contracts. Says a lot about the employer to be honest.

[Abdul Abulbul Amir]

Doofus said:

Jamescrs said:

I read it as per Stu's post that you have to give 3 months notice at any time but in the first 6 months probationary period they can dismiss you with 1 weeks notice but it's a one way condition in their favour

It doesn't say that. It says during probation, notice is one week. It doesn't say it's one-sided

exactly, and not only that, there is a pilon alternative...not sure who would pay whom if the OP took up the offer.

[Abdul Abulbul Amir]

wiggy001 said:

That’s not what it says at all. It say that during probation your employment can be terminated at any time with 1 week’s notice. That’s the company terminating the employee’s employment.

it may be what was intended but not what is written.

[SlidingSideways]

2.1 Defines who can give notice, how to serve it, and how long the notice period is
2.2 Redefines the notice period as shorter during probation.

It doesn't redefine anything else, so I'd imagine (and IANAL) that the un-altered terms in 2.1 still stand. So, either of you can give notice in writing.

[Abdul Abulbul Amir]

SlidingSideways said:

2.1 Defines who can give notice, now, and how long the notice period is
2.2 Redefines the notice period as shorter during probation.

It doesn't redefine anything else, so I'd imagine (and IANAL) that the un-altered terms in 2.1 still stand. So, either of you can give notice in writing.

Agreed

[Doofus]

wiggy001 said:

Doofus said:

Jamescrs said:

I read it as per Stu's post that you have to give 3 months notice at any time but in the first 6 months probationary period they can dismiss you with 1 weeks notice but it's a one way condition in their favour

It doesn't say that. It says during probation, notice is one week. It doesn't say it's one-sided

That’s not what it says at all. It say that during probation your employment can be terminated at any time with 1 week’s notice. That’s the company terminating the employee’s employment.

Badly worded I agree but nobody should ever agree to such one sided contracts. Says a lot about the employer to be honest.

It is exactly what it says. The employee can terminate his employment with 1week's notice just as the employer can. Either party can 'terminate', and nothing in that clause says otherwise.

[SydneyBridge]

Only one way to find out
When you resign, just say 'I would like to give x days/weeks/months notice' and see how they react

[Amateurish]

I read that to mean that either party can terminate on one week's notice during the probationary period. Poor drafting.