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Contract Questions

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  • 21-06-2010 7:46pm
    #1
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭


    Hi Guys,

    I am trying to get out of a contract I have with work which started a couple of months ago, and I believe that I have found a few issues with their contract which they have supplied to me, which will apply when leaving the company.

    - The contract within the 10 pages or so of it states the notice period is detailed on the front page, however there is no mention of the actual notice period anywhere in the contract, let alone the front page. does this mean no notice period applies or can be legally enforced?

    - The front page of the contract for which it is a fixed term contract of 7 months states I have 25 days holiday entitlement. The words per Annum etc do not appear anywhere in the contract. My main terms simply state 24 days holiday and my start and end date of the contract. Could I argue that this is 24 days for the terms of the contract rather than per year?

    - In addition work are claiming they never pay sick days, over two days must be certified, but my contract simply states nowhere if they do or they don't pay sick days

    If you could help me on my rights that would be good, as work want to tie me to a long notice period and I want to get out, I hate it there and it's destroying my life and my health.


Comments

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    #2
    tenchi-fan
    Closed Accounts Posts: 3,339 ✭✭✭tenchi-fan


    1. 1 week statutory notice
    2. pure nonsense about the holiday entitlement.
    3. there is no obligation to pay sick days. If it's not mentioned, you're not entitled.

    Stop whining though. Make sure to leave on as good of terms as possible and before you leave get a reference on headed paper which simply states your job title, start date and end date.

    If they ask for a month you should consider taking the month. The last month in any job always flies because the end is in sight and you really don't have any obligations.


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    #3
    SandyfordGuy
    Closed Accounts Posts: 450 ✭✭SandyfordGuy


    1) You don't need to give them any notice if it has been less than 13 weeks since you started work, the following is on citizensinformation.ie. Although they will try and say no doubt they made an error in the contract by not including a notice period, it is their tough luck for executing it.

    An employer is entitled to at least one week's notice from an employee who has been working for the employer for 13 weeks or more. If an employee has been working for an employer for less than 13 weeks and has no contractual obligation to give notice then the employee is not obliged to give notice.

    2) What does it say in the contract about holiday days that are built up? If they say that it's 25 days and just list your start and end date with number of holidays with no per annum mentioned anywhere, then I believe that it would be for the contract period itself, once again it would be an HR error by the company who need to explicitly state it's per annum, as in yours they do not it could be reasonably expected that it was for the contract duration.

    3) I would say you would not get paid for them.

    What makes you want to leave and what have they done that has annoyed you so much. Have HR been pushy with you or has someone annoyed you? If so have you gone through the appropriate channels?

    Lastly if it is seriously getting you down, and you have enough money for the next 2-3 months at least, nothing is worth risking your health over.

    Note though that you will not be eligible for Social welfare for 9 weeks if you resign or are fired, and if you cannot get a reference you are best to leave it off your CV and simply state that you were temping for a short time in various roles. Ensure however you have at least two, preferably three references from former employers before resigning.


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