Legal Questions About the Workplace

Motley Crue

I have some questions regarding the workplace, and I wanted to find out about my rights, any help anyone can give would be extremely helpful

1. Is it illegal for an employer to refuse to give a P45 and discharge you from their employment?
2. How much notice should one be legally given following the cancellation of a shift?
3. Are you entitled to claim all, or part, of the wage you would have earned if a shift you were going to work (that you had confirmed over a week prior) was cancelled less then 24 hours before it was due to begin?
4. As a P/T worker, assuming you have no reasons or objections to working and are not medically unfit for work, are you legally entitled to recieve a set amount of hours per month from your employer as an employee, and if this is not provided are they legally obligated to pay you for what they havent provided?
5. Is it illegal for an employer to cancel shifts that they have promised you the day before the shift is due to commence?

Any ref. to specific acts where I can back this information up would also be helpful. thanks.

odarallo

1. If you are no longer working for the company, they should not be holding onto your P45 have you spoken to the HR department?

2. As far as I know 24 hours is the required amount of time to be given before a cancelation of a shift. If the employee cancels the shift they need to give the same.

3. If you are on a full time contract you should be given the amount you would have earned. Depends on the reason for cancelation.

4. (makes no sence)

5. ( Is a repeat of question two)

You can check out all the rights of an employee at www.gov.ie
remember when looking up information that if you are a part time employee there are some diffrences in rights etc. For example holidays etc

dak

Try looking at www.entemp.ie - may help you

seamus

Motley Crue wrote:

1. Is it illegal for an employer to refuse to give a P45 and discharge you from their employment?

Yes. If you leave your employment, either voluntarily or under any other circumstances, you are legally entitled to a P45. If your (ex-)employer refuses to supply one, you contact the revenue commissioners and report them.

2. How much notice should one be legally given following the cancellation of a shift?

I don't think there is a legal minimum notice.

3. Are you entitled to claim all, or part, of the wage you would have earned if a shift you were going to work (that you had confirmed over a week prior) was cancelled less then 24 hours before it was due to begin?

This depends on your contract.

4. As a P/T worker, assuming you have no reasons or objections to working and are not medically unfit for work, are you legally entitled to recieve a set amount of hours per month from your employer as an employee, and if this is not provided are they legally obligated to pay you for what they havent provided?

As part of your contract of employment, your employer may have set out your minimum (or normal) number of working hours per week. Assuming you are being paid by the hour, your employer should not give you less hours than the minimum set out, but they are under no obligation to pay you for hours you have not worked. You would really only have grounds for grievance if your employer consistently gave you less hours than the minimum set out in your contract. That is, say your minimum is 18 hours. On one week you get 14 hours, and the next week you get 22 hours. This averages out at 18 hours, so you wouldn't reasonably be able to take any action on it.

5. Is it illegal for an employer to cancel shifts that they have promised you the day before the shift is due to commence?

I don't think there is anything in law to deal with this.

Being part time makes this more complex. If you were full time, then an employer can't force you to take annual leave (which is effectively what this would be) without a month's notice.