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Working in new role 9 months, still no contract - options?

  • 03-10-2013 7:16am
    #1
    Elessar
    Registered Users, Registered Users 2 Posts: 5,267 ✭✭✭


    I'm working in a company over 3 years. I am a permanent member of staff. In January I moved to a new role and have been working there since. Myself and another colleague in the office are the same in that we still have not received a contract or any kind of statement of employment.

    I have requested same on numerous occasions only to be told they haven't worked out what direction to take our specific roles and they will get around to it. Other members of staff have joined in recent months (in completely new roles) and all have received their written contracts.

    I am sick of asking at this stage, this should really have been sorted out months ago. I understand that under the Terms of Employment Act 1994 the company are obliged to give me a written statement of employment within 2 months of starting, and they have not.

    I am considering taking my case to the Rights Commissioner under the Act but I don't want to sour relations in the office. But at the same time I don't want to be continually ignored, and I want my contract! At this stage I am left feeling vulnerable and uncertain about my future in the company.

    Does anyone have any advice on what I should do?


Comments

  • #2
    tatli_lokma
    Registered Users, Registered Users 2 Posts: 3,332 ✭✭✭tatli_lokma


    You do have a contract - your initial one. So the obligation to give you a contract has been fulfilled. The fact that you are requesting an amended contract is more to do with your own security and confirmation of your duties and roles. In terms of your original contract, this would take precedence until an amended contract is issued. Its not really a case for the rights commissioner.


  • #3
    Elessar
    Registered Users, Registered Users 2 Posts: 5,267 ✭✭✭Elessar


    I'm not so sure. My previous role has nothing in common with the one, the hours are completely different, breaks are different, holiday entitlements are different, pay is different. Everything except the place of work is different.

    It's akin to someone working night shifts stacking shelves, but is now working as a business support in the office 9-5. It's a different role and the old statement of employment is now inaccurate....


  • #4
    Mrs OBumble
    Registered Users, Registered Users 2 Posts: 26,295 ✭✭✭✭Mrs OBumble


    Is there some problem that having a written contract would fix?

    Technically yes, it's a breach for you not to have received a written contract. But what woudl be different if you have one?


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