Possibly being 'laid off' for 2 months. Legality?

Donald_ducked

Hi folks,

There are rumours going around my work place that we will be 'let go' temporarily for 2 months. Basically, our company is waiting for approval to produce a patented product and until then, there is absolutely no work for us to do.

Now this is all hearsay but I've heard we will be laid off for 2 months but still be under contract. My question is, is it possible for the company to keep us under contract during this 2 months while we claim dole or will they have to terminate the contract completely and give us a P45 in order for us to claim social welfare

It would be great for my peace of mind knowing I'm still under contract because that would make it more difficult for the company to offload us if something bad did happen down the line. I am employed full time by the way

Any advice/input would be greatly appreciated

Forest Demon

Donald_ducked wrote: »

Hi folks,

There are rumours going around my work place that we will be 'let go' temporarily for 2 months. Basically, our company is waiting for approval to produce a patented product and until then, there is absolutely no work for us to do.

Now this is all hearsay but I've heard we will be laid off for 2 months but still be under contract. My question is, is it possible for the company to keep us under contract during this 2 months while we claim dole or will they have to terminate the contract completely and give us a P45 in order for us to claim social welfare

It would be great for my peace of mind knowing I'm still under contract because that would make it more difficult for the company to offload us if something bad did happen down the line. I am employed full time by the way

Any advice/input would be greatly appreciated

I looked into this recently for my brother in law. I have extracted the relevant paragraph from the CI site as well as a similar question in the independent.

Your employer can lay you off or put you on short time if it is in your contract of employment or if it is custom and practice in your workplace. Otherwise you may agree to the lay off or short-time working as an alternative to redundancy. If you are put on short-time working, your existing contract of employment is temporarily suspended. You do not have a new contract of employment.

http://www.citizensinformation.ie/en/employment/unemployment_and_redundancy/redundancy/lay_off_short_time_working_and_redundancy.html

http://www.independent.ie/lifestyle/jobs-careers/legal-eagle-temporary-redundancy-1464714.html

Best of luck with it. By the way you can apply for redundancy after 4 weeks if you prefer that option. You are still under contract unless given notice of redundancy or termination of employment. Get everything in writing and ask for a copy of your exiting contract.

Donald_ducked

Thanks so much for that, pretty much clears up everything I needed to know

Hopefully it won't come to it, but if it does, I'll be in the know. Thanks again