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legal advice

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  • 24-04-2012 2:42pm
    #1
    Registered Users Posts: 6


    If employees have been employed with the same company for over 10 years and have not had a contract before, can you get them to sign a contract now? If so, how do you go about it without offending employees? Any advice on this would be greatly appreciated


Comments

  • Registered Users Posts: 9,799 ✭✭✭antoinolachtnai


    This is a HR suggestion rather than legal advice. Easiest way is to do it in conjunction with salary increases or giving extra leave.

    I would take some time with the communications on this and explain things in advance rather than just plonking a contract in front of people. I think it is better to have a forum to discuss the contract too, because they will all talk about it anyway.


  • Registered Users Posts: 3,269 ✭✭✭DubTony


    In my experience, it's as simple as giving them a contract of employment and separate terms and conditions that are in line with their current terms of employment.

    Remember, if you have a labour court or E.A.T. issue later on, the fact that there is no written contract in place can weight heavily against you.

    If you're a member of a trade organisation, SFA, ISME, RGDATA etc, they'll be able to help you. If you aren't a member of one of those, you should seriously consider joining one.

    Edit: what's the situation here? Has the business recently been taken over by a new owner, or is it a case of simply "fixing" she contract issue?


  • Registered Users Posts: 243 ✭✭Recessionbust


    I would speak with someone who specialises in HR or Employment Law.
    If you put it to them that this is for there benefit aswell as yours then you should be ok.

    They have a right to refuse the contract and if they do then just get them to sign a letter stating that they do not agree to the contract, But as I said someone who works in HR or Employment law would be the person you need to speak too.


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