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no contract signed so where do i stand?

  • 23-06-2007 6:42pm
    #1
    jobneedadvice
    Closed Accounts Posts: 3 ✭


    hi there

    what's the story if you have been in a job over 4 years and have never been given a contract, terms of service or job description?


Comments

  • #2
    dazberry
    Registered Users, Registered Users 2 Posts: 2,152 ✭✭✭dazberry


    http://www.entemp.ie/employment/rights/termsofemployment.htm
    The Terms of Employment (Information) Act 1994 provides that an employer must provide their employees with a written statement of terms and conditions relating to their employment within two months of commencing employment.

    If you have an issue I think you should ring the department of trade and employment, the contact number is available in the link above.

    D.


  • #3
    Wishbone Ash
    Registered Users, Registered Users 2 Posts: 25,038 ✭✭✭✭Wishbone Ash


    jobneedadvice wrote:
    hi there

    what's the story if you have been in a job over 4 years and have never been given a contract, terms of service or job description?
    Re: contract. there is no legal obligation on an employer to provide a written contract (although most do). The fact that you are working there is deemed to be a contract in itself.

    As dazberry says, they are legally obliged to provide you with a written copy of your terms of employment.


  • #4
    jobneedadvice
    Closed Accounts Posts: 3 ✭jobneedadvice


    lol
    it gets more interesting, they are trying to fire me for neglecting duties of work (i have no outline of responsibilities/duties) and for excesiive use of their resources for outside work business

    it's going to be interesting where this one goes


  • #5
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    Another interesting thing is that after 4 years you legally become a permanent employee, immediately making you much harder to sack than if it was a case of renewing a contract.


  • #6
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    You can go to a Rights Officer and get an award of four weeks salary, without proof of loss, in a situation where you have not been given a written statement of your terms of employment. Any attempt to fire you must be conducted in a manner which upholds your rights to fair procedures. You may secure an award from the Employments Appeals Tribunal on grounds of unfair dismissal if it is found that fair procedures were not observed.


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