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Help is this Legal

  • 04-07-2008 7:07pm
    #1
    Closed Accounts Posts: 1,309 ✭✭✭


    I was working in a tech support and customer service role taking both types of calls the company i work for have lost the tech support contract, i am working for this comany for six months

    today hr brings us in and tell us from monday we have two options take 2 weeks paid redundancy or take a pay cut and stay doing a customer service type role and sign a new contract

    is this Legal can they drop my wages


Comments

  • Moderators, Regional East Moderators Posts: 21,504 Mod ✭✭✭✭Agent Smith


    well, if its a Diffrent job, and you sign a new contract, then yes


  • Closed Accounts Posts: 7,563 ✭✭✭leeroybrown


    I don't think you'll be able to find 'the answer' for that question with that little detail.

    The real issue is in the exact detail of the alternative work and whether the offer would be viewed as reasonable from a legal point of view. They are permitted to include a pay cut in the alternative offer but again the real issue is detail and interpretation of the offer. Also, refusing alternative work can be grounds to forfeit the redundancy payment. Technically, they're not dropping your wages but offering you alternative employment with a lower rate of pay.

    Perhaps NERA might have some information for you. If you really have issue with this then perhaps a trip to a solicitor is called for. Only someone with all the details, contracts, etc and a grasp of the law and precedent will be able to properly advise you.


  • Registered Users, Registered Users 2 Posts: 7,065 ✭✭✭Fighting Irish


    Go back to college you bum, and get a bloody bebo page


  • Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,375 CMod ✭✭✭✭Nody


    Your position no longer exists, hence you're being made redundant by the company. The company has made you the offer to take the redundancy pay OR to sign a new contract for a new position which now exists with the new salary of the new position which is lower; so yes it is legal.


  • Closed Accounts Posts: 389 ✭✭Anna23


    If I were you I would take the redundancy and look for another job, and not look back, trust me it gets only worse in those type of companies!


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  • Closed Accounts Posts: 3,243 ✭✭✭kelle


    Anna23 wrote: »
    If I were you I would take the redundancy and look for another job, and not look back, trust me it gets only worse in those type of companies!
    +1
    My brother was stung when he didn't take redundancy at the plant where he worked, but took a "similar" post instead. The post was different, nobody gave him any training or explained thigs to him and he felt like a spare piece. So he ended up leaving, and he had no comeback on the redundancy he should have received!


  • Closed Accounts Posts: 465 ✭✭snellers


    but the redundancy pay is only 2 weeks.....hardly worth it IMO

    would take you more time to look for a replacement job......I would stay with them and seek employment elsewhere at the same time (unless you can afford to be out of work of course) - you then at least get continuous money until you find somewhere else


  • Registered Users, Registered Users 2 Posts: 63 ✭✭Wormking2002


    i would guess that u had a 6 month prob period and to be honest they dont have to offer anything after that amount of time..we had that suitation in my job...the lad left with nothing..not sure but you have to be about 2 years in a job to get the standard 2 weeks redundancy....best to move on I would say...


  • Closed Accounts Posts: 1,309 ✭✭✭Kazu


    Go back to college you bum, and get a bloody bebo page

    yes and no :D


  • Registered Users, Registered Users 2 Posts: 636 ✭✭✭cute_cow


    Anna23 wrote: »
    If I were you I would take the redundancy and look for another job, and not look back, trust me it gets only worse in those type of companies!

    Probably take the redundency, however, depending on your contract, normally they have to give you 4 weeks notice if you are loosing your job. So I would check that out. If they want you to leave asap, they will have to give you notice that it staes in your contract.

    I was made redundent in May and I was given 4 weeks notice and the company let me leave that day and gave me my 4 weeks payment. However, the jobs market is very slow at the minute and I am still looking for a job 2 months later.

    Although if you decide to take a pay cut and continue in customer support, will this job last and 6 months down the line, will you be in the same position?

    Think very carefully about it.


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  • Closed Accounts Posts: 1,309 ✭✭✭Kazu


    thanks for all the replys iam going to stay on till the end of August and go back to college in future i hope i will not have to work for a company like this one again


  • Moderators, Computer Games Moderators, Social & Fun Moderators Posts: 81,083 Mod ✭✭✭✭Sephiroth_dude


    how much are they dropping your wages by?if you dont mind me asking.


  • Closed Accounts Posts: 1,178 ✭✭✭dade


    something doesn't seem right to me about what's happening here. your original role was it to provide customer support, in house tech support or both? i find it strange that if you original contract included customer support that they could just let you go and offer you what to me sounds like a very similar role for less money.

    on the redundancy payment you are entitled to nothing until you're with the company two years, then i believe it is two weeks per year worked.

    also check the notice period required by your contract, they may actually have to give you a months notice to let you go, they could be just being cheeky and trying to get away with paying you half what you are due.


  • Registered Users, Registered Users 2 Posts: 946 ✭✭✭Enright


    take the job
    1. you will an income coming in
    2. if you have a job you will find it easier to get another

    2 weeks wages arent much, i hazzard a quess that with the reduced pay, its the tax man that is loosing out

    now on the other hand, if you manage to get a job you might reconsider taking the redundancy

    if memory serves me correct reducndancy payments up to 40,000 are tax free fro the 1st redundancy, not so the second, so you might be jepordising future tax break but using it up on a measly payment (CHECK THIS OUT PROPERLY)


  • Registered Users, Registered Users 2 Posts: 7,065 ✭✭✭Fighting Irish


    Kazu wrote: »
    thanks for all the replys iam going to stay on till the end of August and go back to college in future i hope i will not have to work for a company like this one again

    you heading back to carlow ye?


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