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Contract advice please.

  • 14-04-2009 6:22pm
    #1
    Closed Accounts Posts: 986 ✭✭✭


    I have worked for my company since August 2008. I started on a 3 month probation contract which expired in November 2008. I was verbally told my probation was cleared & no new contract was issued to me. From what I know my initial contract stands until a new one has been issued. I have been informed that a new contract was to be issued last week to me but I was off work with stress. During this time when I was off ,the contract which was to be for 6 months has been changed to 3 months. Can they do this or the fact I have had no contract for the last 6 months mean they can give me a 3 month one.

    I do not work in the office but all the office staff contracts were renewed last week for 6 months. Without my role the office staff will have no work to do as I generate their work so it really makes no sense at all.

    I know when I question this they will say its the down turn in business yet they took on another employee on the road last week. Her contract is a probationary period of 3 months.

    What happens after 3 months? They pass her probation & let me go yet I passsed mine 6 months ago.

    It feels this is being done because I had to take time off with serious stress due to my working conditions.

    Any advice please that I may be able to make sense of this???

    Much appreciated


Comments

  • Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,690 Mod ✭✭✭✭Stheno


    In short yes your employers can do this.

    If you check your original contract, or the terms of your probation, it's possible there is a clause in there that will allow your probation to be extended, or your contract to be changed.

    You might want to review your original contract.


  • Closed Accounts Posts: 986 ✭✭✭jenzz


    nouggatti wrote: »
    In short yes your employers can do this.

    If you check your original contract, or the terms of your probation, it's possible there is a clause in there that will allow your probation to be extended, or your contract to be changed.

    You might want to review your original contract.

    Thanks for the advice

    My employer passed my probation on November 27th but never issued me with a new contract then. Until this week contracts have never been reissued for any member of staff . All others apart from the new recruit were put on 6 month contracts.


  • Closed Accounts Posts: 439 ✭✭Emerald Lass


    although they passed your probabtion, and therfore agreed to put you on a permanent contract, it is at their discretion how long this contract would be for. They can offer it for 3 months, 3 years or whatever they feel is necessary.

    Taking time off due to the work conditions may indeed have a part in it, as they may be concerned about your continuing ability to do the job. If the role and conditions are causing you to take time off then they would understandably be reluctant to sign you up to a long term contract as it would be more difficult for them to get rid of you.

    And although I appreciate your point that your position is needed to generate work for others, that is not the same thing as you personally being needed. You are replacable partic in this climate. so be prepared that they may not extend your contract and may be keeping you in place until an new person is found. Sorry to be pessimistic, but you need to look at the big picture, and address why you are struggling and getting stressed out. If it is entirely the employers fault, then you need to take their behaviour and the fact they gave you a short term contract on board, and maybe start looking elsewhere now in preparation for what may come in the future. And you never know, you might find something else which is better for you which does not affect your health.


  • Closed Accounts Posts: 986 ✭✭✭jenzz


    Many thaks for your advice too.However the picture got slightly bigger. I today was put on another 3 months probation..

    Ok I started last Aug on a 3 month probation. I was verbally told it was passed in November. I was issued no new contract. Today I was told I am having probation extended. Im sorry I know very little on the law & this is confusing me..... I am now 9 months there so how can they extend it when I have done 3 months missed 6 months & now they want me on 3 again. Yes It was because I was off with stress.... I supposidly now dont do my job properly....


  • Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,690 Mod ✭✭✭✭Stheno


    jenzz wrote: »
    Many thaks for your advice too.However the picture got slightly bigger. I today was put on another 3 months probation..

    Ok I started last Aug on a 3 month probation. I was verbally told it was passed in November. I was issued no new contract. Today I was told I am having probation extended. Im sorry I know very little on the law & this is confusing me..... I am now 9 months there so how can they extend it when I have done 3 months missed 6 months & now they want me on 3 again. Yes It was because I was off with stress.... I supposidly now dont do my job properly....


    Am I reading you correctly that you were in the job for three months, then had six months sick leave due to stress?

    As for your contract, who told you that your probation was passed?
    Did you get any confirmation of that in writing, or even an email?


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  • Closed Accounts Posts: 986 ✭✭✭jenzz


    nouggatti wrote: »
    Am I reading you correctly that you were in the job for three months, then had six months sick leave due to stress?

    As for your contract, who told you that your probation was passed?
    Did you get any confirmation of that in writing, or even an email?

    Hi there, thanks for your help

    No I started Aug 08 on 3 mth probation. Was told by MD in Nov passed ( verbally) This was witnessed by another director.No new contract was issued to me then or since. New contract issued today station 3 months probation. I asked why & was told I need to prove to them I capable of doing the job. I was off for a week with stress. Been working long hours with no breaks hence it just built & built.


  • Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,690 Mod ✭✭✭✭Stheno


    How long was your original contract for? (including the original three months probation)


  • Closed Accounts Posts: 986 ✭✭✭jenzz


    nouggatti wrote: »
    How long was your original contract for? (including the original three months probation)

    Hi there is no time period or end date on it just fact 3 month prob period .


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