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Work - Contract

  • 13-03-2008 12:17pm
    #1
    Registered Users, Registered Users 2 Posts: 4,053 ✭✭✭


    First off, I'm not sure if this is the right place to post this, but couldn't find one better suited. So feel free to move it if I am wrong.

    Just wondering if some of ye could help me with something.
    I’m working with a company since leaving college about 7 years ago. I have never had any contract per say. It was a very very small company. Things have been changing recently, with a new regime in. Company got investment etc. There is far more people and it is far more organized.
    I recently received a contract to sign. Most of it is fine, although I have a few quibbles with bits and pieces, but one of the sections kinda gets under my skin


    Lay-Off and / or Short-Term Working
    The company reserves the right to lay you off from work or reduce your working hours, where, through circumstances beyond its control it is unable to maintain you in employment as defined in this contract of employment.

    • You will receive as much notice as reasonably possible prior to such lay-off or short-term work.
    • You will not be paid during the lay-off period.
    • You will only be paid in respect of hours actually worked during periods of short-time working.


    Is this sort of paragraph normal? Can I argue to have this left out?
    I mean, if this is the case, I see no reason why I shouldn’t work as a contractor instead of staff.
    I presume there is nothing "legally" wrong with them putting this in. But I have leverage at the moment, they really need my services, and what I really need to know is if this a standard paragraph in contracts?


Comments

  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Legal advice is not offered here, practically however it is unlikely that a pro forma offer to an employee of 7 years in standing/employment would be able to negotiate the above clauses based on the fact that these are generally standard terms that all employees would have to accept, in addition to a Code of Conduct etc.


This discussion has been closed.
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