Contract Question

testicle

I'm looking at an employment contract here, and it states the following (this isn't mine btw!)

You hereby acklowledge, by accepting this contract that Part II of the Organisation of Working Time Act 1997 shall not apply to your employment under this contract

Is this even legal?

Part II, for those who don't know is the part that governs minimum rest periods, and other matters relating to working time.

http://www.irishstatutebook.ie/1997/en/act/pub/0020/index.html

Irish Wolf

Hmm.. not sure but IMO it looks fairly suspect - so basically they're signing away their right to have a break - or even any kind of rest time between shifts?

Quick search on citizensinformation.ie yielded http://www.citizensinformation.ie/categories/employment/employment-rights-and-conditions/hours-of-work/employment_working_time_records/ but not sure it goes into enough detail for your question...

information

As far as I am aware you cannot contract out of the law.

They can put it in the contract but it is not legal.

"Examples include the right to take maternity leave. Such terms are part of the contract even if the employer and employee do not specifically include them and replace any agreement between the employer and employee not to apply the particular law. So, the statutory right to take maternity leave overrides any agreement between the employer and employee that the employee will not take maternity leave.W

Garth

Out of context it's hard to say, but AFAIK certain professions aren't legislated for under that act.

Wishbone Ash

You will need to be more specific. In many occupations, by their very nature, it is impossible to comply with statutory regulations governing rest periods.

Wishbone Ash

Part II shall not apply to—

( a ) a person engaged in—

(i) sea fishing,

(ii) other work at sea, or

(iii) the activities of a doctor in training,

( b ) a person—

(i) who is employed by a relative and is a member of that relative's household, and

(ii) whose place of employment is a private dwelling house or a farm in or on which he or she and the relative reside, or

( c ) a person the duration of whose working time (saving any minimum period of such time that is stipulated by the employer) is determined by himself or herself, whether or not provision for the making of such determination by that person is made by his or her contract of employment.

(3) The Minister may, after consultation with any other Minister of the Government who, in the opinion of the Minister, might be concerned with the matter, by regulations exempt from the application of a specified provision or provisions of this Act persons employed in any specified class or classes of activity—

( a ) involving or connected with the transport (by whatever means) of goods or persons, or

( b ) in the civil protection services where, in the opinion of the Minister and any other Minister of the Government in whom functions stand vested in relation to the service concerned, the inherent nature of the activity is such that, if the provision concerned were to apply to the said person, the efficient operation of the service concerned would be adversely affected.

(4) The Minister may, after consultation with any other Minister of the Government who, in the opinion of the Minister, might be concerned with the matter, by order provide that a specified provision or provisions of this Act or, as the case may be, of Part II shall apply to a specified class or classes of-person referred to in subsection (1) or (2) and for so long as such an order remains in force the said provision or provisions shall be construed and have effect in accordance with the order.

(5) The reference in subsection (4) to an order in force shall, as respects such an order that is amended by an order in force under section 7 (4), be construed as a reference to the first-mentioned order as so amended.

(6) In this section "relative", in relation to a person, means his or her spouse, father, mother, grandfather, grandmother, step-father, step-mother, son, daughter, grandson, grand-daughter, step-son, step-daughter, brother, sister, half-brother or half-sister.

testicle

It's a normal office based job.

Wishbone Ash

testicle wrote:

It's a normal office based job.

Now that is suspicious!:eek:

(Is the prospective employee a relative of the employer?)

Newaglish

It's not possible to have a clause in your contract that circumvents employment law.

So you may as well sign it, and then call them up on it the second they breach that part of the Act.

I presume it would be unfair dismissal if they let you go based on you wanting them to comply with the law?

testicle

No, no relation. I thought it was very suspect alright myself.