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Company handbook is updating - what if I don't agree?

  • 24-04-2017 10:57am
    #1
    cefh17
    Registered Users, Registered Users 2 Posts: 990 ✭✭✭


    Hi,

    If a company handbook is to be updated and terms changed that were agreed upon signing the employment contract what happens if you don't agree with the new terms of the handbook? Specifically does one supercede another? Acknowledgement is being requested that the new terms were read and understood?

    Thanks in advance


Comments

  • #2
    MarkR
    Moderators, Regional Midwest Moderators Posts: 11,183 Mod ✭✭✭✭MarkR


    I would ask those questions of HR. Acknowledgement and understanding of the handbook doesn't signify acceptance. What is the change, if you don't mind?


  • #3
    cefh17
    Registered Users, Registered Users 2 Posts: 990 ✭✭✭cefh17


    Minimum notice is different in the new handbook but the email did say no core terms of contract are being changed. I'll get in touch with HR just for clarification thanks


  • #4
    skallywag
    Registered Users, Registered Users 2 Posts: 3,022 ✭✭✭skallywag


    Your notice period will be dictated by what's in your employment contract, regardless of that the current handbook may say.


  • #5
    AlmightyCushion
    Moderators, Education Moderators, Technology & Internet Moderators Posts: 35,125 Mod ✭✭✭✭AlmightyCushion


    skallywag wrote: »
    Your notice period will be dictated by what's in your employment contract, regardless of that the current handbook may say.

    What happens if the contract doesn't state a notice period and says to consult the handbook for details of the notice period.


  • #6
    skallywag
    Registered Users, Registered Users 2 Posts: 3,022 ✭✭✭skallywag


    AlmightyCushion wrote: »
    What happens if the contract doesn't state a notice period and says to consult the handbook for details of the notice period.

    It would relate to the version of the handbook which was in use at the time of the contact being signed.


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  • #7
    cefh17
    Registered Users, Registered Users 2 Posts: 990 ✭✭✭cefh17


    The contract did state a time period but didn't relate to different notices for different lengths of employment. Obviously I'm not planning on leaving my job but for future reference. Waiting on a reply now


  • #8
    daheff
    Registered Users, Registered Users 2 Posts: 5,933 ✭✭✭daheff


    ooo...be mighty careful of this.

    I would not accept a change to employment contract of notice period. You agreed it on the way in. Thats what you signed up to.

    However that said, if you've been promoted to a more senior role, then you may be required to have a longer notice period. But in this case a promotion entails increased payment for this increased seniority.

    Arbitrarily changing the notice period is not allowed. Just like a company deciding it wants to reduce your salary. Also not allowed. You have a contract.

    In any case, increasing your notice period just makes it more difficult for you to move jobs in the future should you want to. If a potential employer is faced with two similar options -you & 2months notice vs another 1months notice, chances are they taking the 1 months notice person.


  • #9
    Eoin
    Registered Users, Registered Users 2 Posts: 21,263 ✭✭✭✭Eoin


    If the handbook refers more to work practices than terms of employment, then they don't need your consent.


  • #10
    cml387
    Registered Users, Registered Users 2 Posts: 8,644 ✭✭✭cml387


    daheff wrote: »
    Arbitrarily changing the notice period is not allowed. Just like a company deciding it wants to reduce your salary. Also not allowed. You have a contract.
    Of course it's allowed if there is agreement all round.

    If you want to stand out and make an issue of it, the that's your choice. It's not likely to improve your promotion prospects however.


  • #11
    daheff
    Registered Users, Registered Users 2 Posts: 5,933 ✭✭✭daheff


    cml387 wrote: »
    Of course it's allowed if there is agreement all round.
    yes if there is agreement....thats why i said not allowed arbitrarily



    Doesnt seem to be that the OP is agreeing to the change...so its not allowed.


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  • #12
    notharrypotter
    Closed Accounts Posts: 1,112 ✭✭✭notharrypotter


    daheff wrote: »
    yes if there is agreement....thats why i said not allowed arbitrarily



    Doesnt seem to be that the OP is agreeing to the change...so its not allowed.

    What if there is a collective agreement?


  • #13
    mel123
    Registered Users, Registered Users 2 Posts: 2,241 ✭✭✭mel123


    daheff wrote: »
    Arbitrarily changing the notice period is not allowed. Just like a company deciding it wants to reduce your salary. Also not allowed. You have a contract.

    During the recession, my company reduced my salary, i didnt have any choice, it was that simple, take it or leave!!! I dont believe a company cant reduce your salary if it has legitimate reason...but open to correction?!


  • #14
    skallywag
    Registered Users, Registered Users 2 Posts: 3,022 ✭✭✭skallywag


    mel123 wrote: »
    During the recession, my company reduced my salary, i didnt have any choice, it was that simple, take it or leave!!!

    I would imagine that you needed to sign a document to confirm that you accepted this reduction?


  • #15
    mel123
    Registered Users, Registered Users 2 Posts: 2,241 ✭✭✭mel123


    skallywag wrote: »
    I would imagine that you needed to sign a document to confirm that you accepted this reduction?

    You could be right, i dont remember now


  • #16
    skallywag
    Registered Users, Registered Users 2 Posts: 3,022 ✭✭✭skallywag


    mel123 wrote: »
    You could be right, i dont remember now

    I am almost certain that this would have been necessary, your salary cannot be cut without you agreeing to it.


  • #17
    godtabh
    Moderators, Science, Health & Environment Moderators Posts: 23,243 Mod ✭✭✭✭godtabh


    skallywag wrote: »
    I am almost certain that this would have been necessary, your salary cannot be cut without you agreeing to it.

    You agree to it or get let go. Suggesting you have a choice in the matter really doesnt fly.


  • #18
    skallywag
    Registered Users, Registered Users 2 Posts: 3,022 ✭✭✭skallywag


    godtabh wrote: »
    You agree to it or get let go. Suggesting you have a choice in the matter really doesnt fly.

    I've had a team member who refused to play ball and would not accept the reduction, with no action being taken against the employee. It certainly can be done if you are only interested in the here and now and have no mid to long term prospects with the company.


  • #19
    daheff
    Registered Users, Registered Users 2 Posts: 5,933 ✭✭✭daheff


    notharrypotter wrote: »
    What if there is a collective agreement?
    Then there is agreement.
    mel123 wrote: »
    During the recession, my company reduced my salary, i didnt have any choice, it was that simple, take it or leave!!! I dont believe a company cant reduce your salary if it has legitimate reason...but open to correction?!

    so you agreed to taking a pay cut...you'd have to have signed a document. Your choice was redundancy or pay cut. Whether they would have gone through with the redundancy if you refused is a different matter.
    skallywag wrote: »
    I've had a team member who refused to play ball and would not accept the reduction, with no action being taken against the employee. It certainly can be done if you are only interested in the here and now and have no mid to long term prospects with the company.

    Fair play to the employee realising they don't have to accept a pay cut. I'm guessing that they would have been due a good payout if the company had let them go. Sometimes the company asks and doesnt expect the employee to accept.


  • #20
    skallywag
    Registered Users, Registered Users 2 Posts: 3,022 ✭✭✭skallywag


    daheff wrote: »
    Fair play to the employee realising they don't have to accept a pay cut. I'm guessing that they would have been due a good payout if the company had let them go. Sometimes the company asks and doesnt expect the employee to accept.

    It certainly takes a fair amount of gumption to knock a pay-cut request back, and it would certainly have been very difficult to let the employee go under the circumstances. That said this employee will be going nowhere fast within the same organisation. When pay-cuts are being requested then times tend to be pretty desperate. If everyone took this attitude then you could very likely be looking at letting people go.


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