Employee wont sign contract?

bartman 2010

hi,

advice needed...

my friend has been working 10 or 11mths for a company and there was confussion and contract was never signed. the company noticed this and asked my friend to sign a contract. my friend will not sign as they are offering not 20 days holiday leave but 8% of hours worked per annum. this is lawful i think??

my q is the employer has now said if my friend does not sign contract she will be let go immediately. with under 12 months service is this reasonable?

thanks for any advice in advance,,,

amcalester

Is your friend full time or part time? 20 days holidays only applies to full time workers.

And as far as I know inside of a year an employee can be let go for no reason.

the_syco

Under 12 months, and she can be let go for no reason at all.

"8% of hours worked per annum" sounds like leave for a part time worker. Example: if the worked only weekends, 20 days off would mean that they'd get over two months off a year.

Corruptedmorals

It is completely legal and a bit petty to basically lose a job when they are offering something perfectly reasonable. Depending on hours worked, it's a fair deal. It's getting more unusual for there to be blanket policy of 3 weeks/4 weeks leave for all employees regardless of hours worked.

alexlyons

regardless of what happens, (s)he is owed 2 weeks pay (average) if i'm not mistaken, for not being given a contract with a set period of time. can't remember what it is though, but its under a year anyway. if (s)he signs it or not, (s)he is still owed it

wmpdd3

8% of worked hours is 20 days hols per year. If she only works 3 days per week she would get 1 week off and still only get paid for 3 days not 5 days.

If you work 5 days per week and have 20 days hols per year that is 8% of hours worked.

It's all here:

http://www.employmentrights.ie/en/media/Workingtimeact.pdf

Holidays
Holiday pay is earned against time worked. All employees,
full-time, part-time, temporary or casual earn holiday
entitlements from the time work is commenced. The Act
provides for transitional arrangement, as follows over the
period 1997 to 1999.
1997 / 98
In 1997, depending on time worked, employees’ holiday
entitlements should be calculated by one of the following
methods:-
(a) 3 working weeks and one day in a leave year in which
the employee works at least 1,365 hours (unless it is a
leave year in which he or she changes employment).
(b) 4/15 of a working week per calendar month that the
employee works at least 117 hours.
(c) 6.4% of the hours an employee works in a leave year
(but subject to a maximum of 3 working weeks and
one day).
1998 / 99
(a) 3 working weeks and three days in a leave year in
which the employee works at least 1,365 hours (unless
it is a leave in which he or she changes employment).
(b) 3/10 of a working week per calendar month that the
employee works at lease 117 hours.
(c) 7.2% of the hours an employee works in a leave year
(but subject to a maximum of 3 working weeks and
three days).
1999 / 2000 AND YEARS FOLLOWING
(a) 4 working weeks in a leave year in which the employee
works at least 1,365 hours (unless it is a leave year in
which he or she changes employment).
(b) 1/ 3 of a working week per calendar month that the
employee works at least 117 hours.
(c) 8% of the hours an employee works in a leave year (but
subject to a maximum of 4 working weeks).

bartman 2010

thanks guys she works average 40-43 hours per week. company only noticed she hadnt signed contract, could they be in trouble over this? seems genuine mistake.

i told her she should sign as they can basically ring her up and let her go if she refuses? do they even have to give her notice?

if her average day is 10-12 hours long are they compliant paying her 8 hours hols per day and 40 hols for a week?

:eek:

Our man in Havana

if her average day is 10-12 hours long are they compliant paying her 8 hours hols per day and 40 hols for a week?

That is perfectly legal.

chappy

If she has no signed contract saying they must give her notice they could easily just let her go with no notice.All employees part or full time get the 8% of worked hours as hols.The only difference is that full timers who work the same hours every week are set as part timers could be doing different hours each week so there is not a set average for them.

I would suggest she signs the contract asap.With the current climate some companies would use this to their advantage to get rid of a staff member they can't afford

Our man in Havana

Contract or no contract she is still entitled to a weeks notice as the employment has exceeded 13 weeks.

ScouseMouse

The employer is following best practise by insisting she sign a contract. Everyone should have one. (Whether its a legal requirement, I am unsure offhand.)

She got overlooked for whatever reason, but now is required to complete one.

You may want to suggest to your friend they should tread carefully.

As an employee of 11 months, she can be called in and let go on the spot for a multitude of reasons.

The employer can give her: any wages due + holiday money due + one weeks wages in lieu of notice, and thats it, shes gone ON THE SPOT.

Our man in Havana

There is no legal requirement for a contract. There is a legal requirement for the employer to furnish particulars of the job such as hours, pay etc with 8 weeks of commencement.

bbam

To be honest I'd let him/her go if it goes on...
If there is such a probelm over this simple request where will things be when flexibility is required on the job...

Get rid and get someone keen on complying in on the job !

ScouseMouse

bbam wrote: »

To be honest I'd let him/her go if it goes on...
If there is such a probelm over this simple request where will things be when flexibility is required on the job...

Get rid and get someone keen on complying in on the job !

I have to admit, you have a very good point there.

Ok, originally this thread was a query about the legality of 8% holidays rather than anything else, but then it diverted into a persons flexability.

So to recap. (if I may)

The holiday issue is completely correct and in order.
There does not seem to be anything untoward here.
I, and others, think the contract should be signed and this issue put to bed.

If it does get dragged out, it could be taken that the staff member is awkward and inflexible. Something that would not warm the management to the employee.