Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Can they force me?

  • 11-09-2010 9:30pm
    #1
    Closed Accounts Posts: 1,074 ✭✭✭


    Hi, I'm working for a large US company. I currently work in Leixlip, but 2 years ago I was working in town.
    Now I'm happy working in Leixlip, I live local, 5 minute journey to work, but I know that a job has opened up in town, my old job, and I'm fairly confident I'm about to be told I have to go back there (It isn't a pro or demotion, similar roles).
    TBH I prefer the job in town, but it makes my work day 3 hours longer (travel to and from) + the extra travel costs, basically means I work a longer day for less money in my pocket.

    What I'm looking for info on is can they force me? Or can I say no thanks. What are my rights?

    What I want to do is a contract renegotiation, more money and my job level changed. (turns out that 2 years ago when I worked in the role, my level should have been x, previously it was t, and upped to w, but the (internal) job advert said it was x, if I go back I want it to be x)

    edit: all these roles are within the same company, I've been working for them for about 10 years


Comments

  • Closed Accounts Posts: 4,001 ✭✭✭Mr. Loverman


    I recently had to move office to do the same job. I researched the law on it pretty thoroughly and it seems you only really have a case if you have to work in a different county or region.

    If I understand correctly you are working in Kildare and they want you to work in Dublin... so it sounds like you have a case.

    However that being said you have to weigh up the pros and cons of being "difficult" about this move. What's best for your career long term?


  • Registered Users, Registered Users 2 Posts: 21,263 ✭✭✭✭Eoin


    What does your contract say?


  • Closed Accounts Posts: 1,074 ✭✭✭smallBiscuit


    eoin wrote: »
    What does your contract say?

    excellent point!
    If only I could remember, or still had a copy. I signed it 10 years ago, I've been through 4 house moves and numerous 'clear outs' of old papers and junk.

    But, I think that's the best approach, if I'm told to go the site, I'll respond with, can I see a copy of the contract I signed?
    That way I show, yes I am being difficult about this, but at the heart, I am a prostitute, if they make me an offer of money I'll do it


  • Closed Accounts Posts: 19,986 ✭✭✭✭mikemac


    Hi, I'm working for a large US company. I currently work in Leixlip, but 2 years ago I was working in town.

    Since you're in Co. Kildare, do you mean Kildare town?
    You only say town

    That's a pretty long drive and may involve you driving towards Dublin, southbound M50 and then southbound on N7.
    Or on other roads through Clane
    Not a huge commute but no great if you already live in Leixlip

    I suppose read your contract is all I can think of


  • Registered Users, Registered Users 2 Posts: 5,566 ✭✭✭Gillo


    I recently had to move office to do the same job. I researched the law on it pretty thoroughly and it seems you only really have a case if you have to work in a different county or region.

    If I understand correctly you are working in Kildare and they want you to work in Dublin... so it sounds like you have a case.
    Just curious is that based on the twenty six counties or on country councils?
    I'm based on Henry St, but my employer has a habit of moving people about on a whim and I potentially could be told right from next week you're working in X, nearly all these stores are based southside (as far as Dundrum).
    Would I be covered as it's a different county council area?

    Also possibley off topic, but worst case scenerio? if I did get moved (and faces another two to three hours commuting each day), I'd be pretty much stuck with trying to change jobs to get a role back in the city, would I be able to argue (successfully) constructive dismissal?


  • Advertisement
  • Registered Users, Registered Users 2 Posts: 2,029 ✭✭✭shoegirl


    No, you would have little hope of winning a constructive dismissal case - thats where your employer basically forces you into a position where you have no choice but to resign.

    There is usually a "normal place of work" clause in contracts, although its common when that location for the contract to be updated. Not always though. You could try negotiating but in practice they are not obliged to compensate you for relocation although this is dependent on what your contract says. Generally it is accepted that relocation should be by agreement, but I don't think you automatically qualify for compensation on account of it.

    Its worth asking for some form of compensation or flexibility, but your employer isn't really obliged to give you anything.


  • Closed Accounts Posts: 776 ✭✭✭sellerbarry


    Think yourself lucky you have a job.


  • Registered Users, Registered Users 2 Posts: 1,211 ✭✭✭here.from.day.1


    Think yourself lucky you have a job.

    Helpful.

    I was in a similar situation, working in town and they moved us to Leixlip. As far as my move went, those of us that had been with the company long enough were given a relocation bonus with the amount dependant on the distance we lived from each location. From what I can gather they were not obliged to do this so I would imagine they would not have to offer you anything, as with everything though it would be worth making enquiries with your management.


  • Registered Users, Registered Users 2 Posts: 3,041 ✭✭✭Havermeyer


    Think yourself lucky you have a job.

    Comments like that are ridiculous, and are in no way helpful to the OP. Grow up.

    Just because we are in the middle of a so called 'recession' does not mean that people should have to take crap/be treated like crap by their employer. And I'm not saying that the poster is being walked all over by his current employer, but just because some people have no job at this present moment in time, does not mean employee's rights should go out the window either - although I know a lot of employers would like that to be the case.

    On topic. OP, the best thing you can do imo, if you're not happy with the possibility of another move, is to ask for a copy of your contract for clarification on the matter.

    Good luck.


  • Closed Accounts Posts: 776 ✭✭✭sellerbarry


    nummnutts wrote: »
    Comments like that are ridiculous, and are in no way helpful to the OP. Grow up.

    Just because we are in the middle of a so called 'recession' does not mean that people should have to take crap/be treated like crap by their employer. And I'm not saying that the poster is being walked all over by his current employer, but just because some people have no job at this present moment in time, does not mean employee's rights should go out the window either - although I know a lot of employers would like that to be the case.

    On topic. OP, the best thing you can do imo, if you're not happy with the possibility of another move, is to ask for a copy of your contract for clarification on the matter.

    Good luck.
    Being asked to move one bus journey into town isn't what i would call being treated crap by his employer. He's keeping his job and that's what matters. You are probably in a public service job where these occurrences wouldn't happen unless you were well compensated for it. And on the grow up bit. I've well grown up. Think it's time some of you people got real and woke up.


  • Advertisement
  • Closed Accounts Posts: 776 ✭✭✭sellerbarry


    The saying "It's who you know, not what you know" comes to mind in answer to that.;)


  • Closed Accounts Posts: 1,914 ✭✭✭danbohan


    nummnutts wrote: »
    Comments like that are ridiculous, and are in no way helpful to the OP. Grow up.

    Just because we are in the middle of a so called 'recession' does not mean that people should have to take crap/be treated like crap by their employer. And I'm not saying that the poster is being walked all over by his current employer, but just because some people have no job at this present moment in time, does not mean employee's rights should go out the window either - although I know a lot of employers would like that to be the case.

    On topic. OP, the best thing you can do imo, if you're not happy with the possibility of another move, is to ask for a copy of your contract for clarification on the matter.

    Good luck.

    perhaps you should grow up instead as well as the orignal poster , your lucky they are not asking you to move to poland / czech rep . attidudes had better start changing fast within the irish workforce , if you want work be flexible and be gratefull


  • Closed Accounts Posts: 776 ✭✭✭sellerbarry


    danbohan wrote: »
    perhaps you should grow up instead as well as the orignal poster , your lucky they are not asking you to move to poland / czech rep . attidudes had better start changing fast within the irish workforce , if you want work be flexible and be gratefull
    Couldn't have said it better myself. Thank you;)


  • Registered Users, Registered Users 2 Posts: 10,262 ✭✭✭✭Joey the lips


    Hi OP

    if you see the traveling position is paying more in an advertisement then you would be entitled to say "grand i will take the new position seen as though it pays more - Thanks"

    However if it states where you work in your orig contract you are bound by this.


  • Registered Users, Registered Users 2 Posts: 33,518 ✭✭✭✭dudara


    sellerbarry I seem to recollect warning you before to keep your posts helpful. Please heed this advice.

    dudara


  • Closed Accounts Posts: 776 ✭✭✭sellerbarry


    Just voicing my opinion and trying to get this person to see a bit of sense in the current climate. nuff said


  • Closed Accounts Posts: 7,410 ✭✭✭bbam


    From my experience these multinationals will have a clause in the contract that requires you will work on any of their sites that they have... They will have the option of giving you 60 or 90 days to take up the new position or leave the company, it's an option not normally enacted but I've seen it done.


  • Registered Users, Registered Users 2 Posts: 436 ✭✭Kila


    excellent point!
    If only I could remember, or still had a copy. I signed it 10 years ago, I've been through 4 house moves and numerous 'clear outs' of old papers and junk.

    But, I think that's the best approach, if I'm told to go the site, I'll respond with, can I see a copy of the contract I signed?
    That way I show, yes I am being difficult about this, but at the heart, I am a prostitute, if they make me an offer of money I'll do it

    Do you have a HR department or a HR person on site there in Leixlip? Is it possible for you to ask them to view your contract, or get a copy, for your own records before the issue of a move comes up?

    i.e. simply say to them that, during your various moves, you've lost some of your work documentation, and that you'd like to get another copy so that you can keep all your records up to date, or some such. That way, if the issue of a move does come up, you already have a copy of your contract to review.


  • Registered Users, Registered Users 2 Posts: 2,036 ✭✭✭murphym7


    I think the key point here is that you were originally working in "town" and were moved out to Leaxslip after two years. You don't mention that you caused a fuss then about the move so I am aasuming you did not.

    I can't see you having a huge amount of options rather than moving office back to town. Your employer may simply state that you are being transfered back to the orignal working location.


  • Registered Users, Registered Users 2 Posts: 604 ✭✭✭jethrothe2nd


    Unless the role you hold now is becoming redundant, you entirely have the right to say no thanks to the move back into town, however, although it shouldn't, the reality of it is that it may end up hurting your prospects. Having worked for a large US company myself for the last 11 years, I've seen it happen.

    On the subject of changes to money/job level, just ask. Worst thay can say is no. I would imagine you would have a fairly good argument, considering the role is advertised at x, and you are not currently at that level.


  • Advertisement
  • Closed Accounts Posts: 13,992 ✭✭✭✭gurramok


    Which role is more solid for future job prospects?

    That is what i'd base my judgement on because if your role(position) is vulnerable, they can catch you in a redundancy round.


  • Registered Users, Registered Users 2 Posts: 21,263 ✭✭✭✭Eoin


    Unless the role you hold now is becoming redundant, you entirely have the right to say no thanks to the move back into town

    That's not an automatic right at all, it depends on what's in the contract for a start. That the OP is moving counties might make a difference in some way though.


Advertisement