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Contract Questions

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  • 07-05-2008 9:08pm
    #1
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭


    I have been offered a contract with a big Multinational.
    It is my first job in Ireland and I don't know Irish Employment Law too well. I have 3 questions about my contract.
    1) It states that normal working hours are 40h, but that I would have to work reasonable additional hours, if the business demands it.
    What prevents the company from saying on my first day that the business needs me to work 48 hours per week and just demand that from then on without paying more. And how do they have to show that business demands it.

    2) The contract states that the normal workplace is Dublin, but that I might be required to work in other offices in Ireland or outside of Ireland as well, if the business demands it.
    What prevents the company from saying on my first day that the business needs me to work in an office outside of Ireland for the foreseeable future.

    3) The contract also states that all outside employment needs to be approved by the company. Can this be enforced for all work or just to work that would interfere with my main job. Where I'm from, a clause like this could only be enforced if it would either be in competition with my main job or would otherwise interfere with my main job (e.g. working 8 hours a day in the office and then a 12 hour shift as a security guard for example, which would leave you with only 4 hours sleep per night). For all other work, e.g. working in an office and paying in a band 3 hours on the weekends, this clause could not be enforced.

    Thank you


Comments

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    #2
    Iago
    Registered Users Posts: 6,638 ✭✭✭Iago


    1. Nothing

    2. Nothing

    3. Can be enforced

    Essentially the first two are standard terms and simply cover the company in the event that you have to work late a couple of nights and they don't want to pay overtime, or in the event that you have to travel between company buildings for meetings, work etc. It also covers them in the event that they wind down an office, or relocate to another location.

    The 3rd clause means paid employment that would interfere with work, they leave it general to cover themselves but they're not going to chase you for playing in a band unless it effects your work.


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    #3
    seamus
    Registered Users Posts: 68,317 ✭✭✭✭seamus


    Iago wrote: »
    1. Nothing

    2. Nothing
    Well not entirely nothing. The spirit of the contract is to be respected too. If "normal working hours" are 40 and "normal workplace" is Dublin, then signing the contract means that you expect to work 40 hours most weeks and spend most of those 40 hours in Dublin.

    It does depend on the word of the wording of the contract though - most I've seen state, "from time to time you may be expected", or "may be required on occasion to meet the demands of the business". Both of which are pretty unambiguous - changes in hours or place of business can only be incidental, not permanent.

    Of course if the contract says, "The company may increase your hours or change your place of business to meet the demands of the business", then that means they have you over a barrel.

    It's also not possible to sign a contract that's unfair however - you're entitled to reasonable pay for your work. If you sign a contract that states you do 20 hours a week, but the business can increase this without pay, and subsequently you're doing 40 hours a week without a pay increase, then the contract would likely be deemed unfair and therefore void.


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