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No written contract, no terms

  • 08-01-2016 4:15pm
    #1
    nice_guy80
    Closed Accounts Posts: 8,722 ✭✭✭


    Hello.
    My girlfriend is working since the end of august in a creche.
    She has no contract.
    No terms of employment.
    No rate of pay.
    No idea of holiday entitlements
    The boss changes their hours and days at a whim and then didn't pay some holiday pay for the Christmas as she didn't have the funds...
    The boss has promised a contract but there are other girls in the place for 18 months with no contract.


    What are her rights, because I'm sick of hearing about it and telling her to do something yet she's afraid to rock the boat.


Comments

  • #2
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    She can demand a contract, minimum wage and holiday entitlement but she can also be let go with very little recourse within the first year.


  • #3
    haveringchick
    Closed Accounts Posts: 1,380 ✭✭✭haveringchick


    MarkAnthony wrote: »
    She can demand a contract, minimum wage and holiday entitlement but she can also be let go with very little recourse within the first year.

    Absolutely
    Best thing to do is look for something else right now


  • #4
    vg88
    Registered Users, Registered Users 2 Posts: 466 ✭✭vg88


    Ask for a written statement of particulars. Legally employers must give it to you detailing information about the employment relationship. She can have an oral contract, but this can demand a written statement.

    Under the Terms of Employment (Information) Act, 1994:
    3.—(1) An employer shall, not later than 2 months after the commencement of an employee's employment with the employer, give or cause to be given to the employee a statement in writing containing the following particulars of the terms of the employee's employment.


  • #5
    The_Minister
    Registered Users, Registered Users 2 Posts: 10,255 ✭✭✭✭The_Minister


    The terms of information act only entitles you to a certain number of particulars in writing; the contract can have oral stipulations, but frankly, it's unusual these days not to have full terms in writing - it's safer for the employer.

    There might be special rules regarding those working in a creche - garda vetting etc, that the employer is dodging.


  • #6
    Shadow1983
    Registered Users, Registered Users 2 Posts: 656 ✭✭✭Shadow1983


    Does the creche have a HR department or is it owner run? If it has a HR department I'd suggest requesting a contract from them directly.


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  • #7
    The_Minister
    Registered Users, Registered Users 2 Posts: 10,255 ✭✭✭✭The_Minister


    Shadow1983 wrote: »
    Does the creche have a HR department or is it owner run? If it has a HR department I'd suggest requesting a contract from them directly.

    A creche which cannot make holiday pay is unlikely to have a HR department


  • #8
    Shadow1983
    Registered Users, Registered Users 2 Posts: 656 ✭✭✭Shadow1983


    The_Minister wrote:
    A creche which cannot make holiday pay is unlikely to have a HR department


    Good point. Was just a suggestion drawing on my own experience. Hope she gets sorted anyway OP.


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