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contract of employment question

  • 05-11-2012 7:20pm
    #1
    ger34
    Registered Users, Registered Users 2 Posts: 249 ✭✭


    My wife returned to work 2 years ago and signed a contract in which was stated the agreed rate of pay.Because the rate was in the contract does that mean she will be on that rate forever unless her employer agrees to a rise?


Comments

  • #2
    Stheno
    Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,690 Mod ✭✭✭✭Stheno


    Yes basically, is there anything in the contract about performance and pay reviews?


  • #3
    Wishbone Ash
    Registered Users, Registered Users 2 Posts: 25,038 ✭✭✭✭Wishbone Ash


    Did she sign for an exact amount? That would be very unusual and the contract wouldn't be valid if legislation surpassed the rate (e.g. if minimum wage was set higher).

    Most contracts usually refer to the 'going rate' or 'negotiated rate', 'as determined...' rate etc.


  • #4
    Stheno
    Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,690 Mod ✭✭✭✭Stheno


    Wishbone Ash wrote: »
    Did she sign for an exact amount? That would be very unusual and the contract wouldn't be valid if legislation surpassed the rate (e.g. if minimum wage was set higher).

    Most contracts usually refer to the 'going rate' or 'negotiated rate', 'as determined...' rate etc.

    The past six contracts I have had all put in a specific salary, the usual clauses about necessary overtime and not being paid, and then details of performance and pay reviews.

    They were above min. wage though.


  • #5
    Wishbone Ash
    Registered Users, Registered Users 2 Posts: 25,038 ✭✭✭✭Wishbone Ash


    Stheno wrote: »
    The past six contracts I have had all put in a specific salary, the usual clauses about necessary overtime and not being paid, and then details of performance and pay reviews.

    They were above min. wage though.
    But how would that work if a person was there for a while? I signed my contract in 1988 - I'm on significantly more now than then as would most people be.


  • #6
    Stheno
    Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,690 Mod ✭✭✭✭Stheno


    Wishbone Ash wrote: »
    But how would that work if a person was there for a while? I signed my contract in 1988 - I'm on significantly more now than then as would most people be.

    I read an article on this recently which suggested that employers should update contracts to reflect increases in salary.

    In practice increases are given and contracts not updated, has happened to me numerous times.

    The new salary becomes de facto after a period it seems?


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  • #7
    ger34
    Registered Users, Registered Users 2 Posts: 249 ✭✭ger34


    Wishbone Ash wrote: »
    Did she sign for an exact amount? That would be very unusual and the contract wouldn't be valid if legislation surpassed the rate (e.g. if minimum wage was set higher).

    Most contracts usually refer to the 'going rate' or 'negotiated rate', 'as determined...' rate etc.

    Yes she signed for a specific hourly rate with no mention of reviews.Another unit with the same company was set up at the same time,starting on a higher rate and have had another increment already.
    How should she go about getting this rectified?
    Should she just keep saying PLEASE?


  • #8
    Mrs OBumble
    Registered Users, Registered Users 2 Posts: 26,286 ✭✭✭✭Mrs OBumble


    ger34 wrote: »
    Yes she signed for a specific hourly rate with no mention of reviews.Another unit with the same company was set up at the same time,starting on a higher rate and have had another increment already.
    How should she go about getting this rectified?
    Should she just keep saying PLEASE?

    She asks her manager for a wage review, and includes information about why she should get it.

    Not "because my power bill has gone up", but "I'm not contributing at X, vs Y beforehand" or "I introduced these changes XXX which saved money / increased customer satisfaction / whatever).

    And if the answer is "no", she looks for another job that is offering a higher rate, and maybe looks to see if there are regular wage-reviews or cost-of-living increments as part of the package there.



    NB I don't necessarily see this as something to be "rectified" - that implies it's a problem, as opposed to simply the way labour markets work. IMHO no one should automagically get pay rises just because they've got older. (Though yes, I'm aware that some people do.)


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