Unbalanced Contract?

saip

I've recently been offered a new contract, I've carefully read through it and noted a lot down, but there's a few things in that set alarm bells ringing, I reckon I need some perspective on. Not seeking legal advice, just opinions, experience and any related info on this...

1. There's a defined amount of working hours in the week. (which happens to be less than the amount of hours I regularly work) from here on in hours worked outside the defined week, need to be approved, and will be given as time off in lieu. However, management must sanction the taking of lieu hrs. and time off in lieu accrued can only be carried forward for 2 weeks.

2. Employer offers statutory notice of termination, but reserves the right to dismiss immediatly for exceptional circumstances, while there's a defined list they've left it open ended, by saying I may be dismissed for any other reason not specifically defined in the list.

3. The work terms state that I will to undertake work which fall outside of my normal duties if the employer requests it.

4. Theres a clause which allows the employer to implement undefined security measures, without reason.

5. The employer reserves the sole discretion to change the job description, terms of employment, pension, sick pay, and disciplinary protocol as they see fit. No mention of prior notification, consultation or agreement for any of these.

6. The employer doesn't want me to accept, nor negotiate any employment in related fields for 6 months after I've finished working for them, it's not like the nature of my work is sensitive, or that I'm working with patents, trade secrets, or research.

I don't know if I'm being paranoid, but I don't think it paints a rosy picture. Any thoughts much appreciated.

gerrycollins

saip wrote: »

I've recently been offered a new contract, I've carefully read through it and noted a lot down, but there's a few things in that set alarm bells ringing, I reckon I need some perspective on. Not seeking legal advice, just opinions, experience and any related info on this...

1. There's a defined amount of working hours in the week. (which happens to be less than the amount of hours I regularly work) from here on in hours worked outside the defined week, need to be approved, and will be given as time off in lieu. However, management must sanction the taking of lieu hrs. and time off in lieu accrued can only be carried forward for 2 weeks.

2. Employer offers statutory notice of termination, but reserves the right to dismiss immediatly for exceptional circumstances, while there's a defined list they've left it open ended, by saying I may be dismissed for any other reason not specifically defined in the list.

3. The work terms state that I will to undertake work which fall outside of my normal duties if the employer requests it.

4. Theres a clause which allows the employer to implement undefined security measures, without reason.

5. The employer reserves the sole discretion to change the job description, terms of employment, pension, sick pay, and disciplinary protocol as they see fit. No mention of prior notification, consultation or agreement for any of these.

6. The employer doesn't want me to accept, nor negotiate any employment in related fields for 6 months after I've finished working for them, it's not like the nature of my work is sensitive, or that I'm working with patents, trade secrets, or research.

I don't know if I'm being paranoid, but I don't think it paints a rosy picture. Any thoughts much appreciated.

apart from 6(which I find odd at best) everything stated is nothing exceptional you have nothing to worry about.

1.the extra hours that must be approved would be correct practise as to give you the time off in lieu could affect you job performance later. the timing to give you the time off may not be ideal, also it gives management an oppertunity to view workers who need extra time to complete job where there might not need to have.

2 this would be correct, if they were to dismiss you they will give you the appropiate time notice before you are dismissed for which you would be given the option of been paid or stay on working for(again depends on employer). the exceptional circumstances stand for gross misconduct and really it would be impossible to generate a final list of such as different action warrent different reactions, ie fist fighting in the canteen vs taking excessively long toilet breaks!

3. if they asked you to clean up a spillage and it wasnt in your job description you could refuse however this absolves this. however there is such as thing as taking this too far and asking the same person each time to clean the toilets for example.

4. its odd here that the list is not shown as to be honest all they can do is search your personal belongs at the end of shift eg check bags and lockers and ask to see contents of pockets. also might cover cctv on the premisies

5. while he can change all i would only be concerned about "terms of employment" the rest he can as ireland has no direct sick pay laws,pension laws and displinary protocols are the companies own and must follow best practise at a basic level.