Full-time contract and temporary contract

The Engineer

If someone is on a full-time contract with an employer and the employer then states that they wish to draw up a temporary contract to send the person overseas to work for a term, is the original contract voided? Is there any particular wording to look out for in the new contract that could terminate the old contract (apart from the obvious - "old contract hereby terminated" )?

Would it be a fairly normal request for someone in the above situation to ask for both contracts to be kept in parallel?

Hogzy

Well if you have a contract of employment in place then they cannot just draft up another contract to override the old one. That would be breach of contract unless the first contract said that it was possible to do that.

I would assume that the over seas contract is in lieu of the full time contract. Basically a contract within a contract.

Victor

OP, I would be very careful if I were you and make sure that you have the right to return to the position you have (or better). If necessary, talk to your trade union official, solicitor or similar.

Hogzy wrote: »

Well if you have a contract of employment in place then they cannot just draft up another contract to override the old one.

Of course they can. Its done all they time, e.g. when someone gets a promotion.

Hogzy

Victor wrote: »

Of course they can. Its done all they time, e.g. when someone gets a promotion.

No you are wrong
In a case of a promotion both parties would more than likely agree to the termination of the old contract (worker is getting more money/job status improvement so would gladly terminate, Remember you have to ACCEPT a promotion, this is acceptance of the new T&C's of your new job). This is perfectly acceptable in the eyes of the law.
They cannot just terminate a contract unless both parties agree to it. Mutual agreement to terminate.

The Engineer

Firstly, thanks for the great information guys. I have one additional query / clarification…

Hogzy wrote: »

I would assume that the over seas contract is in lieu of the full time contract. Basically a contract within a contract.

Would the best way to approach a situation like this be for someone to not accept a termination of the old contract, but to accept the new contract temporarily in lieu of the old one, i.e. as a temporary "contract within a contract". In other words, to agree to a short-term contract and as soon as the term is over to continue with the terms of the existing contract?

Thanks again guys!

Hogzy

The Engineer wrote: »

Firstly, thanks for the great information guys. I have one additional query / clarification…



Would the best way to approach a situation like this be for someone to not accept a termination of the old contract, but to accept the new contract temporarily in lieu of the old one, i.e. as a temporary "contract within a contract". In other words, to agree to a short-term contract and as soon as the term is over to continue with the terms of the existing contract?

Thanks again guys!

Yes. One would need to clarify with their employer that the Old 'Full time' employment contract will not be terminated whilst the secondary 'overseas' contract is in effect.
It impossible to give an answer as i dont have the terms of both contracts. Just talk to your employer and get a copy of the employment contracts (if they exist).

To be honest it is quite strange that the employer is creating a second contract for the employee to go abroad when the employee is already contracted to work for the employer. Unless the original employment contract states that you will only be issued to work within Ireland or Dublin or Cork or wherever.

Simply Ask the employer:
Will my current contract of employment still be in effect if it agree to the temporary overseas contract. He must give you an answer