No Contract of Employment

cwmoore

Hi,

My partner just started a new job last week and is slightly disillusioned as she was advised that the company do not provide Employment Contracts. Is this legal? What rights has she got if they do not provide an employment contract.

I'm struggling to interpret the "The Terms of Employment (Information) Acts 1994–2012" regarding contracts, etc.

Would appreciate as much help and guidance on this matter as it is causing some anxiety at present.

Look forward to your responses.

C.

Frynge

The employer paying your partners wage/salary would be the basis of a legal contract of employment when no written contract has been prepared, I would be more worried that your partner is "on the books" because if they are not then they have as good as no rights.

If she is receiving payslips then she should be ok.

cwmoore

She hasn't got her first wage slip as its monthly payment. I was under the impression that some form of written statement of employment would need to be provided to outline the basics such as Place of employment, salary, commencement date, holiday entitlement, grievance procedures, type of employment (ie full time, permenent), notice periods, sickness procedure...... this is to name but a few of the basics.

She's worried that there is nothing to protect her. If no contract or written statement is provided, is there a minimum government contract that is enforced?

Frynge

In the first 13 weeks of employment she as good as has zero rights. Not until after 12 months do employees have any real rights.

The contract of employment can be a verbal contract which is just as legal.

Some of the points you mention, holiday entitlement, notice periods would be assumed to be the minimum legal entitlement.

A lot of the other things you mention would really be included in an employment contract to protect the employer as much as the employee.

Can I ask what type of job it is? If the pay is monthly I would assume it to be some kind of professional job, where no contract would be quite unusual.

Carawaystick

the Terms of Employment (Information) Act, 1994 says the employer has 2 months to give a written contract.

NoQuarter

Carawaystick wrote: »

the Terms of Employment (Information) Act, 1994 says the employer has 2 months to give a written contract.

Just came to post this. Exactly.

Jurga78

Hi all
have another question in regards of contracts. I am offered to do a once off job for full 5 days. Do I have to get a contract?

Pat Mustard

http://www.irishstatutebook.ie/1994/en/act/pub/0005/

Basically, it applies to employer/employee situations but not to employer/contractor situations. See here: http://www.revenue.ie/en/tax/rct/determining-the-correct-employment-status-of-a-worker.html

Jurga78

I'm confused here, according to the revenue, I'd be an employee (I'd work 8 hours a day and would get a weekly wage), but according to the Statute book, terms of employment act doesn't even apply to me, cause I'll be working less than a month...