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New terms of employment after 12 years??

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  • 09-02-2011 5:37pm
    #1
    Frank_Leach
    Registered Users Posts: 163 ✭✭


    Hi all..
    Today, having been called to meeting to discuss a shift change, myself and my co-workers were also informed that because of attention from the department of health and safety(called by a disgruntled ex worker, one suspects) we must sign off on a new document we are to recieve, outlining the company's policy on health and safety. A draft of this proposed document was circulated, and titled
    "Human Resource
    Company Policy and Procedures. "

    The first 10 pages were about disciplinary procedures and nothing else. It seems to me more like a new terms of employment rather than anything to do with health and safety.

    Also, the disciplinary procedures appear to differ from basic state regulations. For instance;

    Formal verbal warning : lasts 6 months, if no further infringement, it is wiped from record.

    First written warning; Again, lasts 6 months, if no further infringement, is wiped from record.

    Final written warning; This time, it lasts a year, and if a year passes and no further infringement, then the unfortunate soul goes back to the second stage, which means another 6 months before his record is clean, assuming he has no more infringements.

    Final stage; Dismissal..

    You get the idea.
    So, i am to be asked to receive and sign a copy of this, basically agreeing a whole new system of procedures. That, does not follow labour laws but rather makes up a few of its own.
    My question is - do i have to sign?

    Also...any informed opinion on this welcome. It doesn't add up that health and safety are so keen on disciplinary procedures, does it? Up to now, i have had no terms of employment, and i am working here over 10 years. Don't they have to produce these to employees in their first few months working? Any relevant opinion welcome..
    Tagged:


Comments

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    #2
    gerrycollins
    Registered Users Posts: 1,799 ✭✭✭gerrycollins


    tbh the is no formal route in labour law for the treatment of staff in displinary issues, the basic state rules are that, basic at best, however they are a guideline.

    However there is a burden of proof on the employer to establish a pattern where by the employer has been given every chance to improve under retraining or personal responsiblity.

    the 6 months time frame is kinda average because the time must allow for retraining and reassesment regarding the disiplinary issue and it would be unfair to an employee to restrict this to say a 2 month period as some issues may need longer to resolve.

    I would be concerned that the year long period under final written warning is a bit excessive.

    they have to provide you with a contract within a few weeks of you starting this must include at least place of work, hours and pay. Work place rules such as disiplinary issues should be addresses within a few weeks of you starting however without informing you initally you employer would be in no position to enforce such proceedures "out of the blue" even after 10 years.


  • Options
    #3
    tenchi-fan
    Closed Accounts Posts: 3,339 ✭✭✭tenchi-fan


    These days if a company wants rid of someone, they can easily fire them. People slip up the whole time.. mistakes, lates, not meeting targets, etc.

    If anything, it is good the company is putting a proper disciplinary procedure in place.


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