Employer wants to Change Existing HR Policies

nogoodnamesleft

Hi All,

I have been working with my current employer for a few years and they want to change some aspects of the HR policies currently in place. Some of which are quiet controversial to say the least with the staff that Im friendly with here in the office.

Anyways my query has to deal with the implementation of these new policies. Im assuming my co-workers and I would have to sign off on the new policies stating that we understand and accept them? We have not been directly consulted regards these changes either.

If this is the case what happens if we dont sign...the new policies cannot be impemented.

Can anyone point me in the direction of formal documentation from citizens information and/or IBEC to clarify?

BTW the company is in the private sector and there is no union.

jimoc

With regard to HR policies I believe the employer does not need your consent to implement them, as long as they are within the law. it would only be if he was changing the terms of your contract where he has to get your consent to change them.

However, what you should do is make sure that the new terms are legal, he cannot for example get rid of the toilets, or reduce breaks to below 15 minutes for example, as these are all legal requirements.

djk1000

An employer can vary the terms and conditions of work or of your employment contracts at any time, once the changes are within the law and you have been given reasonable notice in writing. Your only option is to discuss this with your employer as a group, or join a union.

flash harry

Hi OP

2 questions

1) what are the nature of the changes that people have a problem with them?
2) is it a small company by any chance?

kildarecommuter

Recommend that you and your colleagues join a union. Employers should if they are decent consult you on changes to your T&Cs but many wont.
BTW I work in the private sector and always found employees sticking together works best.

nogoodnamesleft

flash harry wrote: »

Hi OP

2 questions

1) what are the nature of the changes that people have a problem with them?
2) is it a small company by any chance?

Its to do with working days we would normally be off such as bank holidays and weekends. The current arrangement is that we dont get paid over time but we get a day in lieu for the day we worked. This has been acceptable up until now as being a small company every one pulls together which I have no problem with.

The issue I have over the past year is that occassionally certain employees myself included in certain instances have gone beyond the call of duty. We have worked over the max hours permitted by the working time act (over 65 hours a week for a certain project) as well as working consecutive weekends, outside of office of hours etc.

I raised these queries with HR before but.... the HR person is also the project manager for the project in which we worked all the hours for!!! Basically I was told "unoffically" that I could take the out of office hours that I had worked off a standard day not a whole day but just a few hours here and there. At the rate I built them up it would take me over 6months to for it to even out + the days in lieu. I asked this to be sent in an email (i wanted it in writing but I didnt get it)

As you can imagine I wasnt happy and many feel that the sense of trust has been lost between the employee and employer as we feel that certain management are beginning to take the piss!

Especially as I was fobbed off (i didnt mention that I was aware that they were infringing upon the "working time act" id like to keep my job a little bit longer :-)

As with SMEs there is a cuture of getting things done what ever it takes but I would like to get compensated considering some project managers arent accessable while we are working in these circiumstances"

The have begun suggesting changes for the "days in lieu" arrangement saying that the default is that we wont have to work most weekends and if we do it will be taken on a case by case basis. But from past experiences where the project deadline is concerned its the norm to work over the weekend. Basically I dont want the following to happen: to work the weekend and have some manager say oh we dont think this warrented a day in lieu ending up working it for nothing.

Darragh29

jimoc wrote: »

With regard to HR policies I believe the employer does not need your consent to implement them, as long as they are within the law. it would only be if he was changing the terms of your contract where he has to get your consent to change them.

However, what you should do is make sure that the new terms are legal, he cannot for example get rid of the toilets, or reduce breaks to below 15 minutes for example, as these are all legal requirements.

What if your contract of employment states that you are bound by a various range of company policies and that the policies can be changed at any time, with a provision that you are notified (as distinct from consulted), of these changes... Where do you stand then??? And as for EU law on consultation, well consultation does not equal negotiation...

Welcome to Ireland 2010, where all industrial relations legislation is based on a code of voluntary engagement, where it'll all be grand and if you have an issue with a contract, well then forget about your industrial relations machinery and step up to the plate and be prepared to take a case to the High Court on the basis of a breach of contract, while you are employed in a 30K a year job, that might see you a day in the High Court.

wmpdd3

You could try NERA (http://www.employmentrights.ie/en/)

but as before I don't think they could do anything.

Unless you work as a basic union member you can't expect any employee rights with out a fight.