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Contract Advice

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  • 02-08-2017 1:10pm
    #1
    101ros
    Registered Users Posts: 8 ✭


    Been working for under 2 years with a company and given a contract to sign.
    Had some questions on it as wanted more clarity on some areas and to be added to the contract as felt it was very one sided. Employer explained the position on my issues I addressed but refused to change the contract in follow up.

    I am still very reluctant to sign it. I am considering looking for another job in the meantime as i have been considering this for quite sometime. If I refuse to sign it on the ground that I need more time to consider and he refuses where do I stand?
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    #2
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    101ros wrote: »
    Been working for under 2 years with a company and given a contract to sign.
    Had some questions on it as wanted more clarity on some areas and to be added to the contract as felt it was very one sided. Employer explained the position on my issues I addressed but refused to change the contract in follow up.

    I am still very reluctant to sign it. I am considering looking for another job in the meantime as i have been considering this for quite sometime. If I refuse to sign it on the ground that I need more time to consider and he refuses where do I stand?

    Two years or two months?


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    #3
    101ros
    Registered Users Posts: 8 ✭101ros


    davo10 wrote: »
    Two years or two months?
    Working for under 2 years
    This contract is for a new role they are giving me with in the company i have been doing since April. I received my contract in June and since discussed it as above and now been asked to sign


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    #4
    devnull
    Moderators, Motoring & Transport Moderators Posts: 11,587 Mod ✭✭✭✭devnull


    Is your current contract a permanent contract?

    Can you give us some (general) details over what the problems are?


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    #5
    101ros
    Registered Users Posts: 8 ✭101ros


    devnull wrote: »
    Is your current contract a permanent contract?

    Can you give us some (general) details over what the problems are?

    It has not been stated to me how long its for and its not included in it.

    Probation period does not apply to me but it said it will remain as standard (6mths and further 3 mths at their discretion)
    Working hours I asked to be added but said these are referenced in the handbook
    My job requires travel internationally and if i sign i am agreeing to go when required, asked for more clarity on this in terms of how many times a year and work/life balance considered . Was told cant commit to writing that in.
    Salary does not apply when abroad, my pay will come under a different scheme and details will be given at a later stage. This scheme is not in detail in the contract. Expenses details are not in it either.
    I cannot, if terminated work in a similar area, for 12mths
    Have been told its a standard contract.
    Above have been discussed with employer and responses given as a result contract remains as it was given, now asking to sign.

    I am in the mind to move on for a while. This just rocked the boat and now am wondering if i don't sign and my employer does not accept it what are my chances


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    #6
    Shelflife
    Registered Users Posts: 3,073 ✭✭✭Shelflife


    Afaik your current contract will remain in place if you dont sign the new one.

    If you are unhappy with the new one simply dont sign it, unless they are willing to make changes or compensate you for any changes then dont sign.

    Personally I wouldnt sign an agreement where the remuneration details were to be given to you at a later stage.


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    #7
    101ros
    Registered Users Posts: 8 ✭101ros


    Shelflife wrote: »
    Afaik your current contract will remain in place if you dont sign the new one.

    If you are unhappy with the new one simply dont sign it, unless they are willing to make changes or compensate you for any changes then dont sign.

    Personally I wouldnt sign an agreement where the remuneration details were to be given to you at a later stage.

    Thanks this is the first and only one offered since my employment in early 2016


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    #8
    Shelflife
    Registered Users Posts: 3,073 ✭✭✭Shelflife


    Are you saying that you have never been given a contract up to this?


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    #9
    101ros
    Registered Users Posts: 8 ✭101ros


    Shelflife wrote: »
    Are you saying that you have never been given a contract up to this?

    no my original title was for approx 15 mths never received or signed a contract for that.
    new Job title/role was given with salary increase and now contract given to sign for that (been doing that job for the past 3-4 months


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    #10
    devnull
    Moderators, Motoring & Transport Moderators Posts: 11,587 Mod ✭✭✭✭devnull


    101ros wrote: »
    Thanks this is the first and only one offered since my employment in early 2016

    You never had a contract since starting employment, before being offered this one, is that correct?

    Did you ever get handed a written statement of terms of employment ?

    Do you have any paperwork to say you are on a fixed term or permanent contract ?


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    #11
    Shelflife
    Registered Users Posts: 3,073 ✭✭✭Shelflife


    when you got the job was it for a fixed time period ie 15 months or was it your standard job and now they are changing things around ?


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    #12
    101ros
    Registered Users Posts: 8 ✭101ros


    Shelflife wrote: »
    when you got the job was it for a fixed time period ie 15 months or was it your standard job and now they are changing things around ?

    Yes standard job and now changing it around so either needed to keep me or vacant space needed filling as my role has changed slightly to management status but my old position still applies to some extent


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    #13
    101ros
    Registered Users Posts: 8 ✭101ros


    devnull wrote: »
    You never had a contract since starting employment, before being offered this one, is that correct?

    YES

    Did you ever get handed a written statement of terms of employment ?

    NOT UNTIL NOW IN THIS NEW ROLE

    Do you have any paperwork to say you are on a fixed term or permanent contract ?

    NO WHERE DOES IT MENTION FIXED TERM OR PERMANENT OR HAS BEEN SAID EITHER


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    #14
    Shelflife
    Registered Users Posts: 3,073 ✭✭✭Shelflife


    Ok so we are talking about a permanent job that you are in for over 12 months and you have recently being promoted.
    There is no contract in place at the moment and now they want you to sign a contract 3-4 months later.

    Not legal advice, but my understanding is that the current conditions that you enjoy are effectively your contract details, they cant impose any new conditions on your employment other than that to which you agree to.

    For example they cant simply come along and say there is an exclusivity agreement of 12mths if you leave unless this is something that was made very clear to you on your promotion and even if it was the fact that theres nothing in writing puts the company in a very poor position.

    The company has screwed up big time here, if you dont sign and they sack you they will leave themselves wide open to been sued.

    For me you are in pole position, you only have to sign a contract that you are happy with and that contains the conditions that you agreed to at the time of the promotion or the duties that you have been doing over the last few months at your job.


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    #15
    101ros
    Registered Users Posts: 8 ✭101ros


    Shelflife wrote: »
    Ok so we are talking about a permanent job that you are in for over 12 months and you have recently being promoted.
    There is no contract in place at the moment and now they want you to sign a contract 3-4 months later.

    Not legal advice, but my understanding is that the current conditions that you enjoy are effectively your contract details, they cant impose any new conditions on your employment other than that to which you agree to.

    For example they cant simply come along and say there is an exclusivity agreement of 12mths if you leave unless this is something that was made very clear to you on your promotion and even if it was the fact that theres nothing in writing puts the company in a very poor position.

    The company has screwed up big time here, if you dont sign and they sack you they will leave themselves wide open to been sued.

    For me you are in pole position, you only have to sign a contract that you are happy with and that contains the conditions that you agreed to at the time of the promotion or the duties that you have been doing over the last few months at your job.

    Thanks
    When discussing the new role to my full knowledge there was no part of the current contract discussed only salary and brief job description, following this a contract would be drawn up. Nothing else was mentioned in detail esp. the 12 month. It was a surprise to me with other issues when i received it for signing


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    #16
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    Maybe I am mistaken, but if you refuse the contract, are you not is essence turning down the job/title/extra pay? Are you in danger of being demoted back to your old job because you rejected the t&cs of the new one?


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    #17
    Shelflife
    Registered Users Posts: 3,073 ✭✭✭Shelflife


    There is a danger of that , but the fact that they have paid the OP for the last 4-5 months in their new capacity would go against them if it came to a case.

    It's a messy situation where the company appear to be trying to impose conditions after the fact.

    I'd advise the OP to get some proper legal advice before he\she signs anything.


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