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Is That legal???

  • 07-06-2014 6:04pm
    #1
    Closed Accounts Posts: 2


    "I undertake and agree that while employed at.......... and for a period of one year after termination of my employment, I will not without the prior written consent of a duty authorised officer accept employment , engage in activities directly or indirectly competitive with the bussiness....."

    This is what I have to sign because otherwise I will be dismiss if not but is it legal to force if they dismiss you to can not hire for on year for the same job in other company? Wht should I do one year? How to live?

    And other thing I have a work contract part time but I work every day full time 10 hours a a day, I didn`t get pay slip from one year and something. I always sign some paper for monthly working hours bur just for half hours even if I work 10 hours a day, in my contract they don`t pay me health and it says the my year Holiday is not payed.

    Are all this things legals from my employeer?


Comments

  • Registered Users, Registered Users 2 Posts: 6,352 ✭✭✭alias no.9


    vaffy wrote: »
    "I undertake and agree that while employed at.......... and for a period of one year after termination of my employment, I will not without the prior written consent of a duty authorised officer accept employment , engage in activities directly or indirectly competitive with the bussiness....."

    This is what I have to sign because otherwise I will be dismiss if not but is it legal to force if they dismiss you to can not hire for on year for the same job in other company? Wht should I do one year? How to live?

    And other thing I have a work contract part time but I work every day full time 10 hours a a day, I didn`t get pay slip from one year and something. I always sign some paper for monthly working hours bur just for half hours even if I work 10 hours a day, in my contract they don`t pay me health and it says the my year Holiday is not payed.

    Are all this things legals from my employeer?

    It's FUD (fear, uncertainty, doubt) and unenforceable on a practical level


  • Registered Users, Registered Users 2 Posts: 11,986 ✭✭✭✭duploelabs


    Pretty standard on most contracts


  • Registered Users, Registered Users 2 Posts: 831 ✭✭✭Diziet


    I wouldn't worry about what happens after you leave - there is not much they can do, and they can't stop you from working!

    The rest of your post I found a bit hard to understand, unfortunately. Maybe look for another job?


  • Registered Users, Registered Users 2 Posts: 4,077 ✭✭✭3DataModem


    duploelabs wrote: »
    Pretty standard on most contracts

    And generally unenforceable in the EU.


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


    duploelabs wrote: »
    Pretty standard on most contracts

    While you're employed it's pretty standard.

    The "one year afterwards" is not. And is pretty much not able to be enforced, except at very senior management level. (What are they gonna do - sue you for earning a living?)


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  • Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,690 Mod ✭✭✭✭Stheno


    While you're employed it's pretty standard.

    The "one year afterwards" is not. And is pretty much not able to be enforced, except at very senior management level. (What are they gonna do - sue you for earning a living?)

    I actually have it in my contract, and it specifies a geographical area in which I cannot work doing the same!

    However it's an irrelevance, have never seen it being enforced.


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


    Stheno wrote: »
    I actually have it in my contract, and it specifies a geographical area in which I cannot work doing the same!

    However it's an irrelevance, have never seen it being enforced.

    Yeah, but you're kinda senior, I seem to remember. My guess is that the op isn't.


  • Registered Users, Registered Users 2 Posts: 11,986 ✭✭✭✭duploelabs


    Yeah, but you're kinda senior, I seem to remember. My guess is that the op isn't.

    Also if you're found nicking clients from your previous employers


  • Closed Accounts Posts: 4,958 ✭✭✭delthedriver


    "I undertake and agree that while employed at.......... and for a period of one year after termination of my employment, I will not without the prior written consent of a duty authorised officer accept employment , engage in activities directly or indirectly competitive with the bussiness....."





    Wow! Seems OTT imho.


    My thought is such a clause is unenforceable.


    Who are the Employers , NASA, MI 5, Russian Intelligence ????


    Seriously ! What are they afraid of ? Do they see you as a threat to them before you join them?


    They cannot prevent you from making a living when your contract ends.


  • Registered Users, Registered Users 2 Posts: 17,213 ✭✭✭✭therecklessone


    vaffy wrote: »
    And other thing I have a work contract part time but I work every day full time 10 hours a a day, I didn`t get pay slip from one year and something. I always sign some paper for monthly working hours bur just for half hours even if I work 10 hours a day, in my contract they don`t pay me health and it says the my year Holiday is not payed.

    Hi vaffy, all of that sounds very suspect. Your employer has a legal responsibility to:

    Keep accurate records of hours worked (link)
    Provide you with a written pay slip (link)
    Provide you with adequate rest (link)
    Provide you with a minimum amount of paid annual leave (link)

    There are some exemptions from and restriction to those rights depending on the industry or service sector you work in. I suggest you visit your local Citizens Information Centre to discuss this in detail and see what your options are.

    Best of luck.


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