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Contract worker's rights (disability)

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  • 20-05-2013 3:58pm
    #1
    Registered Users Posts: 11


    Hi all, sorry for the long post. First, a bit of background information so that you understand where my question is coming from.

    I work as an IT contractor, and have done for a number of years. All the invoicing, salary, etc. goes through my own company but I work for other companies at their sites. I appear to be an employee, but without any of the benefits.
    I have temporal lobe epilepsy. I mostly get partial complex seizures. The epilepsy itself doesn't bother me, but the resulting brain slowness does. I find it's very hard to concentrate and I work slower than others.
    I have always had this problem. I cannot work as fast as others but I excel in other ways. Previous companies I have contracted for never had an issue with this. Now I am contracting in a large multinational software company, and I am being told that my work isn't good enough. I need to work faster. I have been given an action plan to follow to "fix the problem".
    I am miserable and depressed. I know I can't fix the problem as I know the problem is related to the epilepsy. I feel like I'm broken or lazy and I'm not. I feel like I'm being bullied pq of my epilepsy.
    I don't know what to do.
    I don't know anyone else like me - disabled but not visibly so - and I worry that they just think I'm making it up. I don't like feeling like I'm being trusted. I'm not lying. I feel guilty for looking (and apologies for using the term) "normal".

    Sorry for the rant but I'm figuring this is one of the only places I'd find people who understand.

    Here's my question. The agency I'm contracting through say that the large multinational software corporation has no responsibility towards my disability, that they can fire me without even giving a reason. I think this is probably going to happen. Do you know if I have any rights in this situation?

    Thanks so much for your help.


Comments

  • Registered Users Posts: 14,002 ✭✭✭✭Johnboy1951


    I work as an IT contractor, and have done for a number of years. All the invoicing, salary, etc. goes through my own company

    All of the responsibility is with your own company.

    If I understand correctly, it is your company that has been contracted to supply the service, so the agreement is between two companies.
    Your company supplies your labour/expertise/whatever to fulfill its contract obligations.
    The other party to the contract has no responsibility for employees of your company.

    That is as I understand the situation.

    On a personal level ...... do your best to find an alternative contract and get out of the present environment.

    I don't see any better way unfortunately .....


  • Closed Accounts Posts: 6,925 ✭✭✭RainyDay


    It's a tough one. You are definitely not an employee, so you don't have the usual protections under employment legislation. Having said that, some of the multi-nationals are decent organisations - whether to work for or do business with. What's your relationship with the manager who is working with you on the 'improvement plan' like? Do you trust them? Is there a workable solution in sight, even if that means you taking more time than others?


  • Registered Users Posts: 11 EnigmaFish


    Thanks for your advice, guys.
    It's good to know for sure now that I don't have any rights since I'm not an employee. I had only had the word of the agency before this, so thank you.
    It clarifies the position for me in that I most definitely have to leave. I can't deal with this pressure.
    I thought I had a good relationship with the manager, but his attitude is so unforgiving that it's completely disintegrated. He is the one who is telling me - and the agency - that he isn't happy with the level at which I'm performing.
    Ironically, this company keeps winning awards for being one of the best companies to work for in Ireland - obviously they don't extend that to the contractors.

    So yeah, I have to find something else, and fast.


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