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short time working rights.

  • 20-02-2015 2:24am
    #1
    ruby17
    Registered Users, Registered Users 2 Posts: 1 ✭


    1st post.. can my employer take work from me and get it done outside of my employment when my hours are reduced and a "shortage" of work is the reason im on short time. (Week on week off) What are my legal rights and also can my employer hire workers on full time working hours with me still on short time. Thanks for any replies or help.


Comments

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


    There's some info available here: http://www.citizensinformation.ie/en/employment/unemployment_and_redundancy/redundancy/lay_off_short_time_working_and_redundancy.html

    A lot depends on your contract of employment, or whether short time working is considered custom and practise in your particular company.

    Assuming that your contract (or custom and practise) do not allow for unilateral imposition of short time working, then you should be aware that up you may not be put on short time working without your consent. This is because the decision is likely a breach of your contract.

    In such a case you could refuse to accept the short time working, but be warned that this may result in your employer making your position redundant. There are various remedies available to you in such a case, but the most important would be that you could have grounds for an unfair dismissal case and in the circumstances you describe it is difficult to see how a genuine redundancy situation arises if work is being farmed outside the company or other full time workers are being employed.

    Of course, in both the case of outside work and new employees, you'd have to show that the work they are doing is work that is normally done by yourself. Even then it could be argued that a decision has been made to outsource these roles making internal positions redundant. Or in the case of continuing recruitment, take the example of an airline making catering staff redundant, while taking on extra pilots.

    Without knowing all of the details of your own case nobody can give you definitive advice though.


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