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Employee undercut

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  • 17-10-2013 11:00am
    #1
    SolarLunar2
    Registered Users Posts: 5 ✭


    I've been working for a construction firm on a part-time basis whenever a job is available. I was the only employee taking care of steelwork side of the business and dealt with all jobs in this area. In the past while it was busy, we took on a self employed helper to deal with extra pressure on the jobs. The helper was paid at a lower rate and dealt with his own tax as opposed to employer paying prsi. Lately, my employer has been asking this guy to deal with some jobs without asking me, since he costs less and gives him the flexibility of not needing a work van, since he's got his own. I've confronted my employer about this and he claimed there was no issues with me, yet, I've found this has still continued. Is there anything I can do to resolve this without willingly taking a pay cut or going into the black economy. Has my employer broken any employment laws doing this or is it just bad form? Has an employer got any obligations to notify an employer like me of changes in work arrangements, since, I've been forced to becoming a detective in order to find out what is happening with the jobs that are available? I'm not a happy punter, so any advise is welcome.
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    #2
    Mrs OBumble
    Registered Users Posts: 25,733 ✭✭✭✭Mrs OBumble


    Labour markets are all about supply and demand, it sounds like you need to drop your rates.

    That said - what does your employment contract say? Do you have one, or are you contracted for each part-time stint separately?


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    #3
    SolarLunar2
    Registered Users Posts: 5 ✭SolarLunar2


    Like most people that work for small construction companies, the idea of a formal written contract is just not part of the deal, even though if I'm not mistaken it is required. With most of these smaller employers, getting a written contract agreement is like trying to pull hens teeth. I've had an informal arrangement with a daily rate of pay, which was agreed with my employer when I began work. I work for a daily rate as jobs come in, jobs are not contracted individually. The question is, can an employer just pass on your work to a self employed person who has the benefit of covering up how much tax they pay by creative accounting, without at least informing you. It's a question of loosing work to the black economy. If I'd agreed to work for cash only, then I might be in the running. The question of working for cash has been mentioned to me previously. However, this is not an option for me. In effect, my contract was effectively terminated without notice for someone who is more tax efficient. You are right to assume I may need to lower my rates, since it's market driven economy, but, I'm talking about workers rights. I've not had any opportunity to negotiate, nor have I had an approach to ask for a new deal from my employer. It's all been dealt with without my input. I'm asking these questions to figure out if there are any employment laws that might give employees some say in matters or are we just left for the wolves.


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    #4
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    Are you a full/part time employee who works continuously for the firm every week or a casual employee/subcontractor taken on when needed to do a specific task as a job comes in?

    If you are the second, then the construction firm can take on who they like.


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    #5
    SolarLunar2
    Registered Users Posts: 5 ✭SolarLunar2


    I'm not sure about the definition of casual worker, but, right now I suspect that is nearest description. However, I've been full time when work was more plentiful, then as work got slow, I was working a few days a week. Since, the competition came on board, this has been reduced to jobs that the new guy can't do. So, if I'm classed as casual, then, there is no protection against this? For my information, if I was working more frequently, would this make a difference? This all seems like a catch 22 situation.


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    #6
    Stheno
    Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 51,687 Mod ✭✭✭✭Stheno


    SolarLunar2 wrote: »
    I'm not sure about the definition of casual worker, but, right now I suspect that is nearest description. However, I've been full time when work was more plentiful, then as work got slow, I was working a few days a week. Since, the competition came on board, this has been reduced to jobs that the new guy can't do. So, if I'm classed as casual, then, there is no protection against this? For my information, if I was working more frequently, would this make a difference? This all seems like a catch 22 situation.

    No, you've not got any real leeway here at all tbh


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