Confused over Contract

christmasbelle

Hi guys,

I'm just looking for some advice. I applied for a job in care sector a few months ago. I have since spent the last few months awaiting garda vetting, doing training and getting lots of paper work filled in by referees etc.

I have just completed all the training, it was paid for by the company. When we asked them about the job at training they weren't very forth coming with information.

The job I applied for was advertised as a full time job, 8 hours a day 5/7 days with weekend work. After I completed the training I started receiving phone calls from this company looking for me to do 24 hour shifts which I could not do. I explained to them I only signed up to 8 hours a day 5 days a week. I got a few offers of 24 hour shifts and then they started ringing offering me 15 hour shifts, I explained the same thing that I cannot do these shifts and that wasn't what I signed up for.

This week I received a contract in the post which states that I would be a Contractor for them and that I would not be an employee of this company. It also states that my pay is inclusive of all holidays and statutory entitlements. Does this mean that I would be self employed?

It also states that they do not guarantee that I shall receive work. I am really confused over this because I applied for a job which was 5 days a week and this is the contract I get.

I'm starting to think I would be crazy to sign this contract.

lillycool

The fact that you are so unclear about what is going on sounds pretty crap to be honest on their behalf - I think you need to have a conversation with them; discuss your expectations clearly and resolve issues in terms of what you want/can offer and what they are looking for.

The time commitments of the job role you applied for seem a bit vague and they seem to be looking for someone who can commit at short notice to long hours - this does not suit you so they have moved you to potential contractor status - yes this would mean you would be self employed.

Give them a call ASAP and discuss, and if it doesn't suit - move on to another opportunity, their loss as they have trained you up and you have that for your CV anyway.

christmasbelle

Thank you for your reply, the thing is they are still advertising this role as 8 hours I told them the 8 hours a day was no problem but because I have children I couldn't do a 24 hour shift.

When they rang me during the week I tried to talk to them about the fact that I was willing to do the hours that I applied for was advertised and all they kept saying was oh well we are stuck.

The job title in the contract is the job I applied for but they have changed everything that we had previously discussed. It's rather frustrating because I thought I had a great job. I am so upset over it.

Also they won't give us any of the certification from the courses, it is all held on file.

lillycool

To be honest it sounds like a bit of a scam to me- I feel like you have done your best and congratulations for being straightforward with them in your call last week.
If they are advertising a role as 8 hours a day, and you can commit to 8 hours a day and yet they don't have a role for you because you can't work over 8 hours - well this is their fault - false advertising - when you can commit to the original timelines as advertised. You have explained that you have family commitments.

I think you may have to accept this is not the role for you.
Also, having gone through the training and they cant give you certification, this is just extremely bad practice.
You may need to put this down to a bad experience, it really annoys me when companies operate like this but you have to live and learn, and possibly move on.

christmasbelle

Thanks a million I think you are right. I may just write it off, I have been waiting 3 months for this job to start and as I was told the job was mine I haven't been applying for any other jobs during that time.

I just feel so misled, I don't understand why they would advertise jobs and then offer something different. I don't think too many people will be taking the jobs after receiving the contract. The company are losing out by paying out for training so I don't understand what they have to gain by misleading people.

Clauric

OP, sorry to hear about your issue with your potential employers. I think it is a question of chalking it up to experience and moving on. However, having the certification would be very useful. What I suggest that you do is send a letter, with a cheque for €6.35 attached, starting that you want all documentation and data the company hold on you. This way the company will be obliged to release the copies if the certificates, as well as any other information, and you'll be able to show potential employers the certs if necessary.

lillycool

If you are sending a letter make sure that you state in it that you are available for the hours as advertised.
I agree with Clauric but you may want to give them one last phone call to reiterate this before sending the letter asking for the copies of certification - I note they called you last week, it may be of benefit to be proactive and for you to call them, this will give more weight to your request for copies of the certs and you can mention the call in your letter.
Don't be stressed about this - you have to put value on yourself and good employers recognise this, this sounds like a crap potential employer tbh in terms of communication and process, there are plenty of support role jobs in the care sector and you will find a more suitable one.