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Work Advice Needed

  • 28-05-2014 8:34pm
    #1
    Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭


    I am working in the same company for the last 7 years but have had a couple of different roles within the company.

    My initial role which was for 4 years stated in my contract that I could be asked to work weekends and some evening by the company at their request..

    I started a new role with the company almost 3 years ago but as of yet my new contract of employment hasn't been drawn up. The new role came with various perks and would not be needed to work weekends or evenings.

    Should I get a new contract of empolyment for my new role within the company outlining the fact that I am not to work weekends or evening. And that the perks of the new role cannot be taken away ( company phone ect) as long as I stay within this role and indeed I cannot be demoted back down to my original position within the company.

    I asked for my contract of employment to be sorted out 2 years ago and as of yet there has been still no action on it.


Comments

  • Registered Users, Registered Users 2 Posts: 2,023 ✭✭✭blindsider


    Yes basically. Every employee should ask for a contract of employment. If there's a dispute, the contract is there to help resolve issues.

    However, an employer is not legally bound to provide a CoE, which IMO is naive. An employer IS required to provide you with a written statement of the terms of your employment - as these appear to have changed significantly, yours should be updated.

    Do you have a HR dept? I would be very nice and polite, and quietly mention that your contract is out of date (previous role). Ask for a new contract and keep a note of the date. Ask every 2 weeks, and by email after the 1st one or 2 requests. (I'm sure it won't come to that.) If really necessary, you could escalate to the HR Manager.

    does your company have ISO certification or similar? Up-to-date contracts etc would be part of an audit....

    I'm not so sure re perks etc - phones etc are usually discretionary, or subject to a business requirement - I wouldn't get too hung up on these. Salary, job title, leave, hours of work etc are the important ones.

    IF it happens that you get nothing, you could rely on "custom & practice" although 3 yrs is a little short. Basically, it means that if you've never been asked to work w/e's in the new role, after 3 yrs they can't make you work weekends at will.

    C & P is a bit vague sometimes, so you'd be far better off with a new contract, and I imagine any reasonable HR dept or employer would have no problem in providing same.


  • Registered Users, Registered Users 2 Posts: 26,084 ✭✭✭✭Mrs OBumble


    OP - are you having a problem at the moment?

    Or are you just generally concerned about not having a written version of your contract?


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