Violation of permanent contract?

LegacyUser

Hi all,

I am currently working full time in a company for over a year.

When I signed the contract it said that a bonus scheme would be agreed after completion of the probation (usual 6 months).

I never had a meeting or review after the 6 months but I did bring this up in my yearly review. My manager basically got back to me and said "the company doesn't really have a policy of bonuses".

I would like to know what my options are here as it is clearly stated on the contract but now all of a sudden the company does not do bonuses.

Mrs OBumble

So the company's offer is zero bonus.

Is that acceptable to you? If not, find a new job.

LegacyUser

Your reply is not acceptable to me. That reply irritated me. It is blatantly obvious that they are offering zero bonus as it stands. Why should I look for a new job?

The question is, in case you missed it, are employers able to list something like this in a contract of employment and then renege on it?

LegacyUser

It always amazes me when people just say look for another job as if there are loads of jobs out there! Perhaps the recession has bypassed some people?

OP did you ask them why they put that clause into the contract initially and what they meant by it at the time of writing the contract? They can't just backtrack on something that is part of your contract. I would go to your manager and/or the HR department if one exists and ask for further clarification on this.

Bepolite

Discretionary bonuses? Yes they usually can. Consult an employment law solicitor is you want an answer you can rely on. I highly recommend having a reliable answer before going gung-ho with the employer, especially if you've been there less than twelve months.

While Mrs O'Bumble's answer is somewhat blunt, it is essentially correct.

Mrs OBumble

auseraa wrote: »

It always amazes me when people just say look for another job as if there are loads of jobs out there! Perhaps the recession has bypassed some people?

OP did you ask them why they put that clause into the contract initially and what they meant by it at the time of writing the contract? They can't just backtrack on something that is part of your contract.

Perahps the elegance of my short reply was lost of some. Let me spell it out:

Labour economics is a very simple discipline. If you don't like the rewards being offered by a job then you can either suck it up, or go and work somewhere else that is willing to pay you more. If there few other jobs, and thus nowhere else that is willing to pay you more, then most likely your employer is paying you the correct market rate. Your call.


And what the employer most likely meant by the contract phrase is

"We don't really do bonuses, but it seems like you won't work for us otherwise. So we'll put a meaningless phrase in your contract and get six months out of you, anyway".

I'm sorry if that irritates you.

But the sad fact is that yiou agreed to work for no bonus, and it seems that your employer doesn't want to give you one in future. There is no legal right to an bonus in your employment cotnract (and given some of the recent scandals, I can well understand why an employer won't' touch the idea of a bonus).

Maybe instead of trying to turn this into a contract violation, you should be looking for what your employer does do eg a salary riise if you really are doing the numbers.

Or if you really want to get litigous about it, contact a lawyer. We don't do legal advice here.

LegacyUser

auseraa wrote: »

It always amazes me when people just say look for another job as if there are loads of jobs out there! Perhaps the recession has bypassed some people?

OP did you ask them why they put that clause into the contract initially and what they meant by it at the time of writing the contract? They can't just backtrack on something that is part of your contract. I would go to your manager and/or the HR department if one exists and ask for further clarification on this.

I think I'm at the end of the line here in terms answers from the company.

Bepolite wrote: »

Discretionary bonuses? Yes they usually can. Consult an employment law solicitor is you want an answer you can rely on. I highly recommend having a reliable answer before going gung-ho with the employer, especially if you've been there less than twelve months.

While Mrs O'Bumble's answer is somewhat blunt, it is essentially correct.

Yeah, I think I might get some advice. I definitely wouldn't go in all guns blazing without some solid ground to stand on.

Mrs OBumble wrote: »

Perahps the elegance of my short reply was lost of some. Let me spell it out:

Labour economics is a very simple discipline. If you don't like the rewards being offered by a job then you can either suck it up, or go and work somewhere else that is willing to pay you more. If there few other jobs, and thus nowhere else that is willing to pay you more, then most likely your employer is paying you the correct market rate. Your call.

And what the employer most likely meant by the contract phrase is

"We don't really do bonuses, but it seems like you won't work for us otherwise. So we'll put a meaningless phrase in your contract and get six months out of you, anyway".

I'm sorry if that irritates you.

But the sad fact is that yiou agreed to work for no bonus, and it seems that your employer doesn't want to give you one in future. There is no legal right to an bonus in your employment cotnract (and given some of the recent scandals, I can well understand why an employer won't' touch the idea of a bonus).

Maybe instead of trying to turn this into a contract violation, you should be looking for what your employer does do eg a salary riise if you really are doing the numbers.

Or if you really want to get litigous about it, contact a lawyer. We don't do legal advice here.

I appreciate that you are answering these questions on your own time but I really have some concerns regarding the quality of your replies and advice.

I have not asked for legal advice yet you seem to be offering it to me along with a completely subjective reason as to how the bonus structure seems to be fair game for my employer.

I find it extremely hard to believe that an employment contract can have a bonus scheme mentioned in it, when the probation is then completed, the company can turn around and say that there is no bonus goals/targets/framework possible for future work nevermind past work.

I think the best advice here is to seek alternative advice!

Chuck_Norris

Unfortunately I think the issue here is that you're not getting the answers you want to hear.

Bonuses are entirely discretionary. I mean, your current employer could put in place a bonus structure as follows:

If you meet "x" productivity/ target, your bonus is 0%.

If you meet 10% higher productivity/ target, your bonus is 0%.

If you meet 150% higher productivity/ target, your bonus is 0%.

Is it a bonus structure, yes. Is it a very good one, no. But it's a bonus structure none the less.

mrsbyrne

OP please don't waste. Your time and money on legal advice.
Mrs O'BUMBLE may not have given you the answer you wanted but her reply was both correct and appropriate.
There's no point in sugar-coating it,you simply don't have a case.

sawdoubters

what did other employees receive ,if they got no bonus then your in trouble

http://www.justanswer.com/ireland-law/6hv9i-employer-not-paid-bonus-despite-achieving.html