Employment Contract

Quaver

Does someone who has been working in permanent part-time employment for the last 11 years have to have a contract of employment? Can they refuse to sign one if their employer asks them to?

Tom Young

Legal advice is not given here. Read forum charter.

I will leave this thread open - see www.citizensinformation.ie/categories/employment

Da Wench

I'm not offering legal advice, but I work in admin and deal with our staff contracts.

All staff, full time and part time have to have a contract of employment, full time or part time and it has to set down the terms and conditions of employement, rates of pay, holidays entitlement, etc

Im not sure if you can refuse to sign one, but there must be a contract signed between employee and employer.

Do check with citizins info or contact the employments rights government department and they will set you straight.

Actually, citizens info give out a free book for employee rights and its brill

dats_right

A Contract of Employment is often confused with a written statement of terms and conditions relating to their employment. There is absolutely no legal requirement to have a written Contract of Employment. I often hear employees say that they don't have a contract of employment, when in fact what they mean is that they don't have a written contract. There is still a contractual relationship between employer and employee it just hasn't be reduced to writing.

Before people jump down my throat, I am fully aware of the The Terms of Employment (Information) Act 1994, which inter alia provides; that an employer must issue their employees with a written statement of terms and conditions relating to their employment within two months of commencing employment. Whilst this is a legal requirement and failing to comply with the legislation may have certain repurcussions, it is NOT, however a contract of employment in the strict sense.

Da Wench

so if terms and conditions set down by the employer, signed by both the employer and employee is not a contract of employment, then what is?

ALFIET

not giving legal advice but as a hr mngr just giving my thoughts and experience,

11 yrs working without a contract - you HAVE a contract of employment - it is implied in the custom and practice established over the 11 yrs. Although it is advisable to have a written one. I would never allow someone to start here without one.

Even if presented with one and you refuse to sign it you have showed acceptance of terms and conditions which have existed without issue for the past 11 years,

eg. the past 11 years you have started work at 8.30am and finished at 4.30pm with a 30 min lunch break which you didnt get paid for

Therefore the implied terms are a 37.5 hour week with a half hr lunch break each day unpaid.

Sangre

Da Wench wrote: »

so if terms and conditions set down by the employer, signed by both the employer and employee is not a contract of employment, then what is?

Evidence of the contract and what it contains...