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No Contract of Employment

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  • 28-06-2011 1:19am
    #1
    armstrongracer
    Registered Users Posts: 127 ✭✭


    My partner works for a small company involved in media. She is the only full time paid employee, the rest are temps or volunteers. Day to day she runs the business, the four directors of the company attend on an ad hoc basis. My partner has been there for 18 months and was instrumental in setting the business up. She has never received a contract of employment despite asking in writing on numerous occasions. What are her options? she is getting increasingly worried by her employers evasiveness when the subject of contract is raised.


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    #2
    Lux23
    Registered Users Posts: 7,134 ✭✭✭Lux23


    I would start looking for another job, even if she doesn't want to leave a job offer could give her some leverage to get the situation sorted. I think once she is there two years she has some sort of legal protection anyway but it won't be much.


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    #3
    CoalBucket
    Closed Accounts Posts: 971 ✭✭✭CoalBucket


    Under the Terms of Employment Acts of 1994 and 2001 every employee is entitled to request and be furnished with a written contract. Failure to do so by the employer is in direct contravention of the acts. Should she be dismissed for requesting it it will be clearly a case of wrongful dismissal.

    I would not recommend that she threaten to leave or line up another job in order to get a written contract. There is no need as she is legally entitled to it anyway.

    http://www.employment-matters.ie/index.php?option=com_content&view=article&id=29&Itemid=29

    http://www.irishstatutebook.ie/1994/en/act/pub/0005/index.html


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