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Boss wont give me a contract

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  • 29-06-2009 12:46pm
    #1
    Registered Users Posts: 166,026 ✭✭✭✭


    Folks

    Im trying to get a contract out of my boss for the past 6 months here on behalf of everyone but he ignores all requests.

    I told him today it was his statutory obligation to provide us with contracts after two months working and he said that he never had one in all his life working so doesnt see the importance. Hes iignoring me again now, I had done up all contracts for staff (Im in accounts /payroll) and all he has to do is sign, they just state the bare minimum and he still wont give in, he wants an open door policy where he can sack someone and I dont think thats fair either.

    He wont listen. What can I do?


Comments

  • Registered Users Posts: 1,830 ✭✭✭Jonty


    Keep a good diary and save all emails re your contract for starters.


  • Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    He does not have to give you a written contract.


  • Moderators Posts: 6,861 ✭✭✭Spocker


    Jo King wrote: »
    He does not have to give you a written contract.

    No, he does:

    http://www.employmentrights.ie/en/informationforemployees/whataremyrights/
    nera.ie wrote:
    What are my Rights?

    As an employee, you are entitled to receive certain basic employment rights. Although some industries entitle employees to different rights, the list below is the minimum you should receive.

    * A written statement of terms and conditions of employment. Whilst the full contract does not have to be in writing, certain terms and conditions of your employment must be stated in writing within two months of starting employment. These would typically include the method of calculating pay and whether or not there is a sick pay scheme in operation. (For fixed term employees it would also include in what circumstances your employment will come to an end.)
    * A written statement of pay or ‘payslip’. Your payslip should set out gross pay and list all deductions made from it.
    * A minimum wage


  • Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    The boss has to give a written statement of terms of employment, not a written contract. Look at the second line:

    "Whilst the full contract does not have to be in writing,...."


  • Moderators Posts: 6,861 ✭✭✭Spocker


    Fair point. The OP doesn't have anything at all in writing though, not even the mentioned minimum. Maybe s/he should give the folks in NERA a call.


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  • Closed Accounts Posts: 7,563 ✭✭✭leeroybrown


    As Jo King says, he doesn't have to provide a contract, just a written statement of the T&Cs of employment.

    Even without issuing the required written statement, the employer is effectively entering an implied contract by continuing to employ these staff with the unwritten terms and conditions that they work under on a daily basis. The employer is mistaken in his idea that he can just sack people whenever he wants. Regardless of his opinion these employees become entitled to statutory notice after 13 weeks, to protection by the Unfair Dismissals Act after 12 months and to a redundancy payment after 24 months.

    I'm assuming that he tells his staff that they've got no rights, entitlements, etc...


  • Moderators Posts: 6,861 ✭✭✭Spocker


    annoyed6 wrote: »
    he said that he never had one in all his life working so doesnt see the importance

    I think it's fair to say that the employer may not be aware of his obligations so.


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