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Contract of Emploiment Questions

  • 24-08-2010 9:30pm
    #1
    alec76
    Registered Users, Registered Users 2 Posts: 1,604 ✭✭✭


    Hi Guys,
    I am working in the company for 9+ years (full time ) and recently got a contract to sign ( all these years i had no signed contract at all )
    There are few things i am worry about :
    Lay-off /short- time section :
    " The Organisation reserves the right to lay you off work or reduce working hours where it is unable to maintain you in emploiment or in full -time employment .You will not be paid during a lay-off period ,and will only be paid for hours worked during periods of short-time "
    Is that a normal part of a contrat in this climate ?
    Thanx


Comments

  • #2
    Clauric
    Registered Users, Registered Users 2 Posts: 610 ✭✭✭Clauric


    To be honest, I would bring the contract straight to an employment law specialist. As you have been there for 9 years, you can't be fired for not signing the contract, but I would still bring it to a specialist.


  • #3
    tenchi-fan
    Closed Accounts Posts: 3,339 ✭✭✭tenchi-fan


    alec76 wrote: »
    Hi Guys,
    I am working in the company for 9+ years (full time ) and recently got a contract to sign ( all these years i had no signed contract at all )
    There are few things i am worry about :
    Lay-off /short- time section :
    " The Organisation reserves the right to lay you off work or reduce working hours where it is unable to maintain you in emploiment or in full -time employment .You will not be paid during a lay-off period ,and will only be paid for hours worked during periods of short-time "
    Is that a normal part of a contrat in this climate ?
    Thanx

    Nah - it's bullsh*t. I wouldn't sign it!

    You didn't have a written contact before but in the past 10 years you earned plenty of rights including full-time hours.. why would you sign them all away now? If they need to reduce wages they can lay off newer staff!


  • #4
    gerrycollins
    Registered Users, Registered Users 2 Posts: 1,799 ✭✭✭gerrycollins


    that has been in ever contract I have had the pleasure of dealing with over the last 10 years.

    Has your contract a set number of hours or a min number of hours.


  • #5
    LegacyUser
    Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭LegacyUser


    Hi OP,

    My contract states similar. I have not signed it yet, but have been asked to.
    Have been in new employment for 6 weeks.

    Should I sign mine? Techi fan? thoughts?


  • #6
    chappy
    Closed Accounts Posts: 105 ✭✭chappy


    I would say this is pretty standard...


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  • #7
    D.McC
    Closed Accounts Posts: 180 ✭✭D.McC


    alec76 wrote: »
    Hi Guys,
    I am working in the company for 9+ years (full time ) and recently got a contract to sign ( all these years i had no signed contract at all )
    There are few things i am worry about :
    Lay-off /short- time section :
    " The Organisation reserves the right to lay you off work or reduce working hours where it is unable to maintain you in emploiment or in full -time employment .You will not be paid during a lay-off period ,and will only be paid for hours worked during periods of short-time "
    Is that a normal part of a contrat in this climate ?
    Thanx

    That is fairly standard in most contracts. The thing I would have most concern about are the lack of a contract for so long.

    Even with this clause in your contact the employer must still honour your 9+ years service. In the event of this clause being used they must first look at employees with less service than you.

    I’m sure we’ve all heard that old chestnut – first in, last out.


  • #8
    eejoynt
    Registered Users, Registered Users 2 Posts: 264 ✭✭eejoynt


    why sign it?
    if you have received no written terms your employer has been in breach of the law for most of the time you have been there- see attached link
    http://www.unionconnect.ie/rights/5/


  • #9
    tinnuvial
    Closed Accounts Posts: 56 ✭✭tinnuvial


    You'll find that in most contracts these days, it doesn't affect your statutory rights. The employer probably has somebody on their backs now saying why are there no contracts and they are trying to fill in the gaps. You aren't under any obligation to sign it since you are already employed but also you don't technically have to sign it. They just have to give it to you. You could argue it in court later if you want but as long as the terms don't differ significantly from what you have had then it'll probably stand up. You do have the option to negotiate too. You could go back and tell them if you aren't happy with a section and you feel that it is different that your normal working practice for the last 10 years. They don't have to agree to the changes you want and you don't have to sign it. I'd keep records of all that though, just in case. Write as much as possible down (send emails or letters) or make detailed notes of telephone or face-to-face conversations.


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