Rabid

I've been headhunted, offered a job at 2x my current salary etc etc. The only problem is my current employer wants 3 months notice which apparantly I signed upto when I took the job originally (didn't bother reading the contract properly because of stupidity).
I've been told by the new employer that this is illegal under EU law and the max period is one month. Anyone know if this is the case? Bearing in mind they pay me monthly what can they actually do if I leave after a month?

davegtt

Got many holiday days left? take them all together and finish alternatively if this new job is gaurenteed then how about trying to get the sack? call the boss a **** and walk out

Rabid

Bad news for me then. What could they actually do if I left once I'd had my next months salary?
No holiday left to speak of and I actually like the boss and company so punching him is out of the question. Only really want to go early because the other opportunity might not be there in 3months.
missed your edit b2zero doesn't sound good.

Wish

iTrader: (2)

Just walk......

2x salary .... thats enough for me

EXSCOOBY

speak to your boss
explain things
unless hes a dalek
he will understand

Petem95

I doubt you'll get out of that - contracts are there for a reason, and 3months notice is quite common.

Getting sacked isnt going to help your career in future.

I would think your best bet would be to try and convince your new employer that starting in 3 months would be ok.

2000TLondon

Your current boss will let you go if he has any sense. No-one wants a disgruntled employee hanging around counting down the clock. It's bad for morale and security. Say to him you are handing in your notice and you'll be working a months notice.

Most companies these days will send you home on gardening leave as soon as you hand in your notice if you are privvy to any sensitive information or resources.

When I was in the city, I had to take a three month sebatical between jobs but that's an FSA regulation, and my new employer was paying me to lie on the beach!

Rabid

Had an early morning chat with him over coffee and he won't budge. The problem is new business was won on the strength of me being the one handling the client. He feels if I'm gone before the new client comes on board it's going to cause resentment and bad feeling, obviously not what you want at the start of a working relationship.
So what he's done is offer to uplift my pay for the last 3 months and let me go as soon as he finds a decent replacement.
Not ideal but I'll be begging the new employers to wait for me.......I'm obviously worth it!
Thanks for all the advice.

fitzscoob

Hopefully the new employers will see that you are a honourable person for staying on and finishing your contract off correctly.

I am sure if you explain the situation to them regarding the new client that it will be another plus for you.

Best of luck

Rabid

Honour doesn't count for much these days (well it does to me but nobody else seems to give a flying) but here's hoping.

Scrappy9

As said earlier hopefully your new employer will take the long term view and wait for you.

The fact that you will also have a good working relationship established with this new account could well pay dividends in your new job.

The fact you have been head hunted at a very improved salary, obviously shows that you have a lot to offer your new employer. If they wont wait I would be slightly suspicious, why is it so desperately urgent.

I take it you know this company? There arent any issues or rumours about them losing contracts over the last 6 -12 months?
I ask as I had a similar experience many years ago, I went to a company that offered me a very good package, but they were paying for my contacts as they were in a mess.

mart360

can i have your old job


Mart

MY00PPP

I would suggest trying to negotiate your self out of the contract....if they wanted to they could take it to court and they could prove 'financial loss' as no one was doing your job so they lost x grand in sales etc etc. case close you owe them damages.... DO NOT WALK!

Jonathan Davies

I'd be a bit concerned about your possible new employer telling you that over a month's notice is illegal... that's really wide of the mark. In my job, three months' notice is standard, and new employers understand that people they hire will have to work notice if the departing employee can't do a deal on leaving early.

That's the standard period in my industry - employers have to accept it. That said, most employers don't want a disgruntled soon-to-be-leaver hanging around the office and talking to clients, so they'll usually agree to let them go. Will the new client really be happier because you're working another 8 weeks? These things happen after all.

What would your notice period be under your new job contract?

Rabid

Should have made clearer the new job is a contract opportunity so I'll be self employed but at a daily rate that works out at double my current deal including holidays, pensions etc.
The new job is through a european based agency who tell me that it's contrary to my 'human rights' to have to work the 3 months and that they'd be happy to back me up in court if necessary. All sounds a bit too much like being an *** to me. Like I said my current employers have been good to me, so karma (thanks Earl!) dictates I need to be good to them. AFAIK notice is a week either way!
The new company says they can wait as their requirements are ongoing. It's going to be a bit of a shift for me as I'll be contracted to a drug company, a sector I've never worked in, so all change.

Flatcapdriver

To be fair to your existing company, you have to do the honourable thing and given that it's a two way process the amicable option as you've demonstrated is the way to go. Put it this way, you'd be screaming blue murder if they made you redundant with only the minimum employer obligations.

Lust4Life

Won't your current boss match the new 'salary' adjusted for the fact it's contract obviously?

You seem happy enough there apart from the £s

Phil

DazW

iTrader: (1)

I had a similar problem a few years ago ...my employer at the time wanted me to work my full (3 months) notice ...I got a solicitor mate to do some digging ...he told me that a claim could be made against me BUT these cases are very rare due to the employer having to do everything reasonably necessary to reduce the damage ...as a gesture, he recommended i give 1 months notice ...I informed my employer of my conversation & intentions ...I left 7 days later

Rabid

While I get on with everyone and love the job it's time to move on I reckon. The money side of it is a secondary concern, albeit an important one.
Can't wait to learn a new language, live in another country and all that jazz.

Drunken Bungle Whore

Why might it not be there? Surely if you're that good and your new employer wants you enough to offer you 2x current salary then they'll wait 12 weeks...? I've just recruited and am happy to wait 12 weeks for the new guy - don't expect him to drop his old boss in the cr@p cos I wouldn't expect him to do it to me either.

On the plus side a 12 week notice contract means that your employer has to pay you more in lieu of notice if they ever make you redundant...

dsmith

Its a very small world.

A guy I mentored walked out of a permie job with a major high street bank with 2 days notice against a 3 month contract and into an IT contractor role.

5 years later and we've all moved on a bit. I now work for a diff company but a big player in the market hes specialised in. His CV was offered to me by an agency for a position. I declined and ensured it wont be re-presented to the company for any further roles (from that agency anyway).

He was cr*p anyway - but dont p*ss people off for short term gain. 3 Months is quite normal and you'll probably get away with 6 weeks at most if approached in the right way.

bluenosewrx

iTrader: (2)

Try the army mate, 1 years notice lol.
and if you walk, you walk straight to Colchester nick for a few months.

Mac

Rabid

I always thought they signed you upto the forces for 5 years. That's why I never joined. Oh and also because I'm a ***** .

After talking to them they've said they'll wait, it was just my paranoia that made me think they wouldn't. Can't wait to get out there, I'll be 40mins from Amsterdam.

Smiler

Oh no they can't! Employer has to give you P45 within 7 or 14 days (can't remember which).

Regarding the 3 months... don't cut your nose off to spite your face. Pointless in my view.

little-ginge

Hand in your notice and tell them you wish to leave by xx date. Most companies who insist on these contract terms, normally let people go within a month or so dependent on business constraints i.e whether the time of year is busy for your industry, and/or you are required to train/hand over to another.

They know damn well that once notice has been handed in, the employee isn't going to be as deidcated to the job as they once (hopefully ) were, and will probably let you go so that you do not 'impair' the working atmospehere around you.

In your letter of resignation, request a waiver of your notice period, and ask if there is anything you can do to help the smooth transition of responsabilities. Being cooperative, willing and a little bit of a **** licking (not literally,mind!!) will do wonders..