CONTRACT OF EMPLOYMENT

Halladubha72

Hi, my husband is working for a multinational company for 10 years and has an employment contract which states that he is employed on a 3 shift contract. The company have been trying to get their employees to change to the continental shift (2 x 12 hour days, 2 x12 hour nights and 3 days off). There are 14 of them that have the same contract and don't want to do this new shift and are refusing to and the union is negotiating on their behalf. Should he look for a lump sum from the company as they are breaking the contract and if so how much?

Calahonda52

Is his employer subject to the 20% tariffs: 85,000 jobs on the line here so I think the employer now has a stronger hand.

eastie17

what a daft response

MEGA BRO WOLF 5000

https://www.boards.ie/discussion/comment/123322388#Comment_123322388

I'm in a similar situation and this isn't helpful to anyone.

Mrs OBumble

Is he paid hourly or salaried?

And how many hours per week is he working?

Realistically, a payout is most likely if he refused the shift change and got made redundant. In the current world economic situation, that's not a good option, whether his sector is directly impacted by the tarrifs or not.

Calahonda52

https://www.boards.ie/discussion/comment/123322435#Comment_123322435

When you say similar, you are trying to renegotiate your TOE independently from the union where the employer want a change to the current TOE?

Should he look for a lump sum from the company as they are breaking the contract and if so how much?

Calahonda52

https://www.boards.ie/discussion/comment/123322424#Comment_123322424

Please elaborate?

csirl

Normally financial compensation would only be discussed if the change in pattern led to a reduction in take home pay e.g. if there were different rates for different times/days or loss of regular overtime.

Discussions around shift changes usually concern practicalities e.g. break times, is hot food available on site (an issue if shifts are longer), is there a creche if people"s childcare arrangements have to change.

XT1200

https://www.boards.ie/discussion/comment/123325481#Comment_123325481

I think the response is self explanatory and there is no need to elaborate.

Nigzcurran

Surely the whole idea of a contract is that both sides agree to it when signing up so if one side now wants to change it then absolutely they should have to compensate the other side. I'm sure if the 14 employees decided they wanted to arrange a working week to suit themselves they would be would be told no by the company. I can see plenty of companies trying to use the tariff issue to their advantage and screwing the worker as usual

Peregrinus

https://www.boards.ie/discussion/comment/123331503#Comment_123331503

They don't necessarily have to compensate the other side; but they do have to seek their agreement, which may be more readily forthcoming if some quid pro quo is offered.

However the terms of the contract likely give the employer the right to change hours and shift patters, subject to some constraint of reasonability and not reducing earnings. The debate will be whether this particular change is "reasonable", or whatever else it needs to be to come within the contract terms.

Cookie_Monster

Just as an aside that's a terrible roster, there should really be 4 days off as opposed to 3 at the very least. That's a 48 hour week, taking the piss

Lenar3556

Generally employment contracts are drafted by or on behalf of employers and typically have clauses to enable the employer to vary terms like working hours to adjust to business needs. So step one is to to look in detail at the terms of employment.