new job, left old one. just told that 2 weeks are unpaid!

RoyalMarine · 30-06-2014 5:25pm #1

Hi all,

My girlfriend and I moved there two weeks ago after securing jobs in a new town.

She took a position working in a deli in a petrol garage. Topaz I believe.
The interview covered most of the information, including hourly rate of pay. (8.65)

She started today, and was told that from tomorrow until Friday week, she will be in training. Her hours of work at 6am - 2pm.

She was then told that training is unpaid for the two weeks, including today.

None of this was mentioned during the interview / job offer/acceptance phone call.

Is this legal? She would not have left her current full time job if we had known that and she would have continued looking for a position elsewhere.

Any help or info would be amazing as it's going to leave us very short for the next few weeks to the extent where we don't have enough to cover our bills+rent

kult · 30-06-2014 5:28pm

If it wasn't told or there is no contract that say two weeks will be unpaid then it is illegal.

seamus · 30-06-2014 5:30pm

Unless it's stated in her contract that there would be an unpaid training period, then there is no difference between training and working and she's entitled to be paid for the duration of the training.

Does she have a signed contract?

Dally · 30-06-2014 5:33pm

Contract, contract, contract - did she sign a contract?

Even if she didn't, it sounds pretty shady, legally. Not to mention totally immoral.

RoyalMarine · 30-06-2014 5:33pm

Cheers guys.

Just got the full details there.

She was told today that training will be 2 full weeks, Mon - Fri no pay.
Then she will be given a contract. She will be in trial for 1 month. After that, She is given a 6 month contract which renews every 6 months.

kult · 30-06-2014 5:35pm

Was she told about unpaid training on the interview or they told her the day she came on to work/training?

RoyalMarine · 30-06-2014 5:38pm

She was told today, her first day on the job.

Dally · 30-06-2014 5:40pm

That they would be so dishonest (or at best, negligent with the truth) is a bad sign, and starts the employer-employee relationship, which should be one of trust, off on a really bad foot.

JONJO THE MISER · 30-06-2014 5:41pm

Are they having a laugh.
Tell her to stick up for herself and report them too, this is illegal.

RoyalMarine · 30-06-2014 5:43pm

Report them to who?

I don't think it's even worth her staying there come tomorrow as once she asks about pay, she will either be shown the door or they will just refuse to pay her. Legal costs nowadays are insane...

Have to admit, I'm tempted to go down there myself. But thankfully, I realize that will not solve anything.

30-06-2014 5:46pm

Is the two weeks training actually working on the shop floor or off site somewhere?

RoyalMarine · 30-06-2014 5:51pm

it's working on the shop floor. Today was a meet and greet and a "tour" and starting tomorrow it's full training on all equipment, food prep etc in the shop.

cerastes · 30-06-2014 5:55pm

RoyalMarine wrote: »

Cheers guys.

Just got the full details there.

She was told today that training will be 2 full weeks, Mon - Fri no pay.
Then she will be given a contract. She will be in trial for 1 month. After that, She is given a 6 month contract which renews every 6 months.

I didnt think that rolling a contract continually was allowed, legally.
I know that employee rights are different after a years work, ie a year and a day, which this seems to have the effect of never allowing that to happen?

kult · 30-06-2014 5:55pm

If it is not off site training then it is proper working. Tell her to stick up for herself. I hate employers like that.....

PLUG71 · 30-06-2014 6:00pm

Thats well dishonest!

I would tell them to stick it then report them?!

seamus · 30-06-2014 6:08pm

cerastes wrote: »

I didnt think that rolling a contract continually was allowed, legally.
I know that employee rights are different after a years work, ie a year and a day, which this seems to have the effect of never allowing that to happen?

Rolling contracts are technically legal, but only for up to four years. Once four years have passed, you must be made permanent.

Rolling contracts also don't "reset" your employment every time they tick over. Such employees have the same full right as permanent employees, including the unfair dismissals aspects.

The only difference is that in a rolling contract the employer and employee can agree that the employment may end at the end of the contract - though both the employer and employee must agree to it.

Tell her to contact NERA and find out what her options are. It's free.

I thought this kind of nonsense was gone the way of the dodo, but obviously some people still think they can get away with it because they're employing minimum wage workers, and often foreign workers.

TonyStark · 30-06-2014 6:08pm

Tomorrow your girlfriend goes to work. Asks to be provided with a contact be before the end of the day.

If she doesn't get it she is going to walk away and never set foot in the place to make one phone call to Revenue reporting the petrol station for not paying PRSI properly for their employees. In fact I struggle to find any exemptions for training periods. Revenue audit time!

Harry Angstrom · 30-06-2014 6:13pm

Topaz are taking the piss.

Get in contact with this fella:

biffo_indo

He's on the Topaz payroll these days. I doubt he had to do any unpaid training days.

Agent_99 · 30-06-2014 6:19pm

If she is an employee she needs to be paid,
if she has no contract of work and she slices her finger off during her training period whilst learning to use the equipment what insurance cover does the shop propose to use if she is not on the books?
There is a legal minefield should an accident occur, it if went to court it would be a case of he said/she said and the company could claim that she was there illegally and not as an employee.

Report it to NERA, and walk away. Chances are they are just using her for holiday cover for permanent employees and after that she'll be told that it's not working out blah blah blah......

Mrs OBumble · 30-06-2014 7:59pm

TonyStark wrote: »

Tomorrow your girlfriend goes to work. Asks to be provided with a contact be before the end of the day.

If she doesn't get it she is going to walk away and never set foot in the place to make one phone call to Revenue reporting the petrol station for not paying PRSI properly for their employees. In fact I struggle to find any exemptions for training periods. Revenue audit time!

Good advice there.

Maybe even visit the Citizen's Information on the way home from being kicked out tomorrow, sometimes they can say things that make employers change their minds.

But a word of advice for the future: never, ever leave one job for another until you have a signed contract from the new job. Verbal contracts may be legal, but the're impossible to enforce.

popolive · 30-06-2014 8:33pm

All the best OP. By 'training' they mean 'working'. If challenged can they produce a step by step description of the acquired skills over a two week timeframe , activities and purpose of such etc. They can in their arse! Training for the equivalent of counting change in a till was done already by the department of education when your girlfriend graduated Primary school. Slay these gombeens.

new job, left old one. just told that 2 weeks are unpaid!

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